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:









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             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  








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            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  








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            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 
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           Opposition 
           
          None
           

          Analysis Prepared by  :    Gregory Pagan / PUB. S. / (916)  
          319-3744