BILL ANALYSIS �
AB 652
Page 1
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