BILL ANALYSIS �
AB 652
Page 1
ASSEMBLY THIRD READING
AB 652 (Ammiano)
As Introduced February 21, 2013
Majority vote
PUBLIC SAFETY 5-2
-----------------------------------------------------------------
|Ayes:|Ammiano, Jones-Sawyer, | | |
| |Mitchell, Quirk, Skinner | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Melendez, Waldron | | |
| | | | |
-----------------------------------------------------------------
SUMMARY : States that for the purposes of the Child Abuse and
Neglect Reporting Act (CANRA), the fact that a child is homeless
or is classified as an unaccompanied minor, as defined, is not,
in and of itself, a sufficient basis for reporting child abuse
or neglect.
EXISTING LAW :
1)Defines "child" under CANRA to mean person under the age of 18
years.
2)Defines "neglect" under CANRA to mean the negligent treatment
or the maltreatment of a child by a person responsible for the
child's welfare under circumstances indicating harm or
threatened harm to the child's health or welfare. The term
includes both acts and omissions on the part of the
responsible person.
3)Defines "severe neglect" under CANRA to mean the negligent
failure of a person having the care or custody of a child to
protect the child from severe malnutrition or medically
diagnosed nonorganic failure to thrive. "Severe neglect" also
includes situations of neglect where any person having the
care or custody of a child willfully causes or permits the
person or health of the child to be placed in a situation such
that his or her person or health is endangered, as specified,
including the intentional failure to provide adequate food,
clothing, shelter, or medical care.
AB 652
Page 2
4)Defines "general neglect" under CANRA to mean the negligent
failure of a person having the care or custody of a child to
provide adequate food, clothing, shelter, medical care, or
supervision where no physical injury to the child has
occurred.
5)Defines "child abuse or neglect" under CANRA to include
physical injury or death inflicted by other than accidental
means upon a child by another person, sexual abuse as defined,
neglect as defined, the willful harming or injuring of a child
or the endangering of the person or health of a child as
defined, and unlawful corporal punishment or injury as
defined. "Child abuse or neglect" does not include a mutual
affray between minors or an injury caused by reasonable and
necessary force used by a peace officer acting within the
course and scope of his or her employment as a peace officer.
6)Defines "mandated reporter" under Child Abuse and Neglect
Reporting Act (CANRA) as any of the following: a teacher; an
instructional aide; a teacher's aide or teacher's assistant
employed by any public or private school; a classified
employee of any public school; an administrative officer or
supervisor of child welfare and attendance, or a certificated
pupil personnel employee of any public or private school; an
administrator of a public or private day camp; an
administrator or employee of a public or private youth center,
youth recreation program, or youth organization; an
administrator or employee of a public or private organization
whose duties require direct contact and supervision of
children; any employee of a county office of education or the
State Department of Education, whose duties bring the employee
into contact with children on a regular basis; a licensee, an
administrator, or an employee of a licensed community care or
child day care facility; a Head Start program teacher; a
licensing worker or licensing evaluator employed by a
licensing agency as defined; a public assistance worker; an
employee of a child care institution, including, but not
limited to, foster parents, group home personnel, and
personnel of residential care facilities; a social worker,
probation officer, or parole officer; an employee of a school
district police or security department; any person who is an
administrator or presenter of, or a counselor in, a child
abuse prevention program in any public or private school; a
AB 652
Page 3
district attorney investigator, inspector, or local child
support agency caseworker unless the investigator, inspector,
or caseworker is working with an attorney appointed to
represent a minor; a peace officer, as defined, who is not
otherwise described in this section; a firefighter, except for
volunteer firefighters; a physician and surgeon, psychiatrist,
psychologist, dentist, resident, intern, podiatrist,
chiropractor, licensed nurse, dental hygienist, optometrist,
marriage and family therapist, clinical social worker,
professional clinical counselor, or any other person who is
currently licensed as a health care professional as specified;
any emergency medical technician I or II, paramedic, or other
person certified to provide emergency medical services; a
registered psychological assistant; a marriage and family
therapist trainee, as defined; a registered unlicensed
marriage and family therapist intern; a state or county public
health employee who treats a minor for venereal disease or any
other condition; a coroner; a medical examiner, or any other
person who performs autopsies; a commercial film and
photographic print processor, as defined; a child visitation
monitor, as defined; an animal control officer or humane
society officer, as defined; a clergy member, as defined; any
custodian of records of a clergy member, as specified; any
employee of any police department, county sheriff's
department, county probation department, or county welfare
department; an employee or volunteer of a Court Appointed
Special Advocate program, as defined; any custodial officer,
as defined; any person providing services to a minor child, as
specified; an alcohol and drug counselor, as defined; a
clinical counselor trainee, as defined; and a registered
clinical counselor intern.
7)States that any mandated reporter who fails to report an
incident of known or reasonably suspected child abuse or
neglect is guilty of a misdemeanor punishable by up to six
months confinement in a county jail, by a fine of $1,000, or
by both that imprisonment and fine. States that if a mandated
reporter intentionally conceals his or her failure to report
an incident known by the mandated reporter to be abuse or
severe neglect, the failure to report is a continuing offense
until a specified agency discovers the offense.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
AB 652
Page 4
COMMENTS : According to the author, "It is hard to imagine a
youth desiring to be taken into police custody or returned by
police to a home the youth has fled. Many of the unaccompanied
minors on the street are foster youth that have fled the child
welfare system and feel the system has failed them. Allowing
mandated reporters to not report solely based on homelessness
allows the youth to access services and the service providers
that specialize in homeless youth services to effectively do
their jobs. Most importantly, the barrier keeping many youth
from seeking services is removed and we are able to reduce the
number of homeless youth on the streets engaging in risky
behavior."
Background : Youth most often contribute family conflict and
breakdown-commonly abuse or neglect, alcohol or drug addiction
of a family member, pregnancy, and rejection over sexual
orientation-as the major reason for their homelessness or
episodes of running away. Additionally, a sizeable portion of
homeless youth reported being physically or sexually abused at
home in the prior year or feared abuse upon returning home.
According to the author, "Studies have shown that only 1 in 12
unaccompanied youth seek services, like shelter, health care,
food, education, employment, etc., largely due to the fear of
being referred to law enforcement or child welfare."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Shaun Naidu / PUB. S. / (916) 319-3744
FN: 0000452