BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 652|
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THIRD READING
Bill No: AB 652
Author: Ammiano (D)
Amended: As introduced
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 5-2, 6/4/13
AYES: Hancock, Block, De Le�n, Liu, Steinberg
NOES: Anderson, Knight
ASSEMBLY FLOOR : 51-23, 5/20/13 - See last page for vote
SUBJECT : Child Abuse and Neglect Reporting Act: homeless
children
SOURCE : Author
DIGEST : This bill provides that the fact that a child is
homeless or an "unaccompanied minor," as specified, is not, in
and of itself, a sufficient basis for triggering the mandatory
child abuse or neglect reporting laws.
ANALYSIS :
Existing law:
1.Establishes the Child Abuse and Neglect Reporting Act (CANRA),
which generally is intended to protect children from abuse and
neglect.
2.Requires "mandated reporters" to make reports of suspected
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child abuse or neglect, as specified.
3.States that the term "child abuse or neglect" for purposes of
CANRA "includes physical injury 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. 'Child abuse or neglect' does
not include an injury caused by reasonable and necessary force
used by a peace officer acting within the course and scope of
his/her employment as a peace officer."
4.Provides that, except as specified, "a mandated reporter shall
make a report ? whenever the mandated reporter, in his/her
professional capacity or within the scope of his/her
employment, has knowledge of or observes a child whom the
mandated reporter knows or reasonably suspects has been the
victim of child abuse or neglect."
5.Enumerates 43 categories of persons who are mandated child
abuse and neglect reporters. Except as specified, current law
provides that "volunteers of public or private organizations
whose duties require direct contact with and supervision of
children are not mandated reporters?"
This bill provides that for the purposes of 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."
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 6/4/13)
California Coalition for Youth
California Federation of Teachers
California Teachers Association
National Association for the Education of Homeless Children and
Youth
National Association of Social Workers, California Chapter
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ARGUMENTS IN SUPPORT : According to the author's office:
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.
In California, educators make more referrals of suspected
abuse and neglect than any other group of mandated
reporters in the state. On average, less than 16% of those
reports are substantiated, meaning evidence of abuse or
neglect was found. This data holds true nationally, where
77% of the abuse and neglect referrals made by education
personnel are determined to be without evidence to support
a finding of abuse or neglect.
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.
Parents who fear their children have been abducted or want
their children to come home can report a youth as missing.
Mandated reporters can check the missing children's
database (for example, by contacting the National Center
for Missing and Exploited Children) to see if a youth has
been reported, and if so, report the youth to child welfare
or law enforcement. That agency can then investigate the
situation and protect the safety of the youth. In fact,
with regards to schools enrolling missing children,
California Education Code 49068.6 requires law enforcement
to notice schools of missing children and for schools to
flag student files in the event the students attempt to
reenroll at another school.
AB 652 is especially important to the many LGBT [Lesbian,
Gay, Bisexual, and Transgender] homeless youth in
California, who have fled their families because of
discrimination and intolerance, and do not wish to return
to their homes. Many of these youth are much better served
by our established homeless youth programs that assist them
in achieving educational goals and self-sufficiency.
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ASSEMBLY FLOOR : 51-23, 5/20/13
AYES: Achadjian, Alejo, Ammiano, Atkins, Bloom, Blumenfield,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Chesbro, Cooley, Daly, Dickinson,
Donnelly, Eggman, Fong, Fox, Frazier, Garcia, Gatto, Gomez,
Gordon, Gray, Hall, Roger Hern�ndez, Levine, Lowenthal,
Medina, Mitchell, Mullin, Muratsuchi, Nazarian, Perea, V.
Manuel P�rez, Quirk, Quirk-Silva, Rendon, Skinner, Stone,
Ting, Weber, Wieckowski, Williams, Yamada, John A. P�rez
NOES: Allen, Bigelow, Ch�vez, Conway, Dahle, Beth Gaines,
Gorell, Grove, Hagman, Harkey, Jones, Linder, Maienschein,
Mansoor, Melendez, Morrell, Nestande, Olsen, Patterson, Salas,
Wagner, Waldron, Wilk
NO VOTE RECORDED: Holden, Jones-Sawyer, Logue, Pan, Vacancy,
Vacancy
JG:nl 6/4/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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