BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 652
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          CONCURRENCE IN SENATE AMENDMENTS
          AB 652 (Ammiano)
          As Amended  August 28, 2013
          Majority vote
           
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          |ASSEMBLY:  |51-23|(May 20, 2013)  |SENATE: |24-12|(September 3,  |
          |           |     |                |        |     |2013)          |
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           Original Committee Reference:    PUB. S.  

           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.  
           
          The Senate amendments  provide that this bill does not limit a  
          mandated reporter from a making a report whenever he or she  
          knows of or observes an unaccompanied minor who the mandated  
          reporter knows or reasonably suspects to be the victim of 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,  








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            clothing, shelter, or medical care.  

          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 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  








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            or private school; a 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.  

           AS PASSED BY THE ASSMELBY  , this bill was substantially similar  
          to the version passed by the Senate.
           








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          FISCAL EFFECT  :  Unknown.  This bill is keyed non-fiscal by the  
          Legislative Counsel.

           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:  
          0002037