BILL ANALYSIS Ó AB 406 Page 1 Date of Hearing: April 2, 2013 Chief Counsel: Gregory Pagan ASSEMBLY COMMITTEE ON PUBLIC SAFETY Tom Ammiano, Chair AB 406 (Torres) - As Introduced: February 15, 2013 SUMMARY : Deletes the January 1, 2014 sunset date on provisions of law that authorizes counties to establish child abuse multidisciplinary personnel teams within that county to allow provider agencies to share confidential information in order to investigate reports of suspected child abuse and neglect, as specified. EXISTING LAW : 1)Authorizes members of a multidisciplinary personnel team engaged in the prevention, identification, and treatment of child abuse to disclose and exchange information and writings to and with one another relating to any incidents of child abuse that may also be part of a juvenile court record or otherwise designated as confidential under state law if the member of the team having that information reasonably believes it is generally relevant to the prevention, identification or treatment of child abuse. (Welfare and Institutions Code Section 830.) 2)Provides that counties may establish child abuse multidisciplinary personnel teams within that county to allow provider agencies to share confidential information in order for provider agencies to investigate reports of suspected child abuse and neglect, as specified, or for the purpose of child welfare agencies making a detention determination. [Welfare and Institutions Code Section 18961.7(a).] 3)Defines "multidisciplinary personnel" as any team of three or more persons who are trained in the prevention, identification, and treatment of child abuse and neglect cases and who are qualified to provide a broad range of services related to child abuse. The team may include but not be limited to: AB 406 Page 2 a) Psychiatrists, psychologists or other trained counseling personnel; b) Police officers or other law enforcement agents; c) Medical personnel with sufficient training to provide health services; d) Social workers with training or experience in child abuse prevention; and, e) Any public or private school teacher, administrative officer, supervisor of child welfare and attendance, or certificated pupil personnel employee. [Welfare and Institutions Code Section 18961.7(b)(1)]. 4)Defines "provider agency" as any governmental or other agency that has as one of its purposes the prevention, identification, management, or treatment of child abuse or neglect. The provider agencies serving children and their families that may share information shall include, but not be limited to the following entities or agencies: a) Social services; b) Children's services; c) Health services; d) Mental health services; e) Probation; f) Law enforcement; and, g) Schools. [Welfare and Institutions Code Section 18961.7(b)(2)]. 5)Provides that notwithstanding any other provision of law, during a 30- day period, or longer if good cause exists following a report of suspected child abuse or neglect, members of a child abuse multidisciplinary team engaged in the prevention, identification, and treatment of child abuse may disclose to, and exchange with one another information and writing that relate to any incident of child abuse that may AB 406 Page 3 also be designated as confidential if the member of that team having that information or writing reasonably believes it is generally relevant to the prevention, identification, and treatment of child abuse. Any discussion relative to the disclosure or exchange of the information or writings during a team meeting is confidential, and notwithstanding any other provision of law, testimony concerning that discussion is not admissible in any criminal, civil, or juvenile court proceeding. [Welfare and Institutions Code Section 18961(c)(1).] 6)States that all information and records communicated or provided to the team members by all providers agencies, as well as information and records created in the course of a child abuse or neglect investigation, shall be deemed private and confidential and shall be protected from discovery and disclosure by all applicable statutory and common law protections. Existing civil and criminal penalties shall apply to the inappropriate disclosure of information held by team members. [Welfare and Institutions Code Section 18961(h).] 7)Provides that any county may establish a computerized data base system within that county to allow provider agencies, as defined, to share specified identifying information regarding families at risk for child abuse and neglect, for the purposes of forming multidisciplinary personnel teams. [Welfare and Institutions Code Section 18961.5(a).] FISCAL EFFECT : Unknown COMMENTS : 1)Author's Statement : According to the author, "In 2010 Governor Schwarzenegger signed Assembly Bill 2229 into law. AB 2229 authorized counties to create two-person child abuse multidisciplinary personnel teams (MDTs), rather than three-person MDTs, engaged in the investigation of suspected child abuse or neglect, and permitted the disclosure of the information gathered by a child abuse MDT to be disclosed among team members electronically and telephonically upon the proper verification of the recipient's status as a team member. "Child Abuse MDTs are intended to identify, treat, and prevent AB 406 Page 4 child abuse, and are comprised of qualified persons who may include psychiatrists, psychologists, medical personnel, law enforcement personnel, social workers and teachers. The benefit and purpose of forming a child abuse MDT is that information that would otherwise be confidential may be shared within the confines of the team. "By conforming the law regarding child abuse MDTs with the law regarding elder abuse MDTs, which only required two members, AB 2229 enhanced the treatment and prevention of child abuse by streamlining the ability of qualified personnel to aid victims by promptly having relevant information, and saved time and resources by eliminating the need for a redundant third person consulted merely to satisfy the statute. "Assembly Bill 2229 contained a sunset clause of January 1, 2014. "Assembly Bill 406 (Torres and Bloom) will allow county child abuse multidisciplinary teams that are engaged in the investigation of suspected child abuse and neglect to continue to utilize two-person multidisciplinary teams which not only have enhanced the ability of these teams to aid victims of child abuse and neglect but have saved counties both time and resources. AB 406 accomplishes these important goals by repealing the sunset clause currently contained in Welfare and Institutions Code Section 18961.7." 2)Prior Legislation : AB 2229 (Brownley), Chapter 464, Statutes of 2010, revised and recast provisions of law relating to MDTs engaged in the investigation of child abuse and neglect. AB 2296 contained a sunset date of January 1, 2014. REGISTERED SUPPORT / OPPOSITION : Support California Catholic Conference California District Attorneys Association California Probation, Parole and Correctional Association California State Sheriffs' Association Chief Probation Officers of California Crime Victims Action Alliance Crime Victims United Los Angeles County District Attorneys Association AB 406 Page 5 Opposition None Analysis Prepared by : Gregory Pagan / PUB. S. / (916) 319-3744