BILL ANALYSIS �
AB 790
Page 1
ASSEMBLY THIRD READING
AB 790 (Gomez)
As Introduced February 21, 2013
Majority vote
PUBLIC SAFETY 7-0 APPROPRIATIONS 17-0
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|Ayes:|Ammiano, Melendez, |Ayes:|Gatto, Harkey, Bigelow, |
| |Jones-Sawyer, Mitchell, | |Bocanegra, Bradford, Ian |
| |Quirk, Skinner, Waldron | |Calderon, Campos, |
| | | |Donnelly, Eggman, Gomez, |
| | | |Hall, Holden, Linder, |
| | | |Pan, Quirk, Wagner |
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SUMMARY : Deletes a provision of law that states that when two
or more mandated reporters have joint knowledge of suspected
child abuse or neglect, they may select a member of the team by
mutual agreement to make and sign a single report.
EXISTING LAW :
1)Provides that when two or more persons, who are required to
report, jointly have knowledge of a known or suspected
instance of child abuse or neglect, and when there is
agreement among them, the telephone report may be made by a
member of the team selected by mutual agreement and a single
report may be made and signed by the selected member of the
reporting team. Any member who has knowledge that the member
designated to report has failed to do so shall thereafter make
the report.
2)Provides that volunteers of public or private organizations,
except a volunteer of a Court Appointed Special Advocate
program, whose duties require direct contact with and
supervision of children are not mandated reporters but are
encouraged to obtain training in the identification and
reporting of child abuse and neglect and are further
encouraged to report known or suspected instances of child
abuse or neglect to a specified agency.
3)Encourages, strongly, employers to provide their employees who
are mandated reporters with training in the duties imposed by
AB 790
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Child Abuse and Neglect Reporting Act (CANRA). This training
shall include training in child abuse and neglect
identification and training in child abuse and neglect
reporting. Whether or not employers provide their employees
with training in child abuse and neglect identification and
reporting, the employers shall provide their employees who are
mandated reporters with a statement that informs the employee
that he or she is a mandated reporter and informs the employee
of his or her reporting obligations and of his or her
confidentiality rights.
4)Encourages public and private organizations to provide their
volunteers whose duties require direct contact with and
supervision of children with training in the identification
and reporting of child abuse and neglect.
5)Requires a mandated reporter to make a report to a specified
agency whenever the mandated reporter, in his or her
professional capacity or within the scope of his or 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. The mandated reporter shall
make an initial report to the agency immediately or as soon as
is practicably possible by telephone and the mandated reporter
shall prepare and send, fax, or electronically transmit a
written follow-up report thereof within 36 hours of receiving
the information concerning the incident. The mandated
reporter may include with the report any nonprivileged
documentary evidence the mandated reporter possesses relating
to the incident.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, minor costs to local law enforcement and/or child
protection entities to receive and process duplicative reports.
COMMENTS : According to the author, "There is currently
confusion concerning the duty of mandated reporters to report
child abuse when more than one mandated reporter knows of the
abuse. Current law permits them to agree on which one of them
will make the report, which creates the potential of a report in
fact not being made."
Please see the policy committee analysis for a full discussion
of this bill.
AB 790
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Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744
FN: 0000145