BILL NUMBER: AB 921 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Jones-Sawyer
FEBRUARY 22, 2013
An act to amend Sections 8547.1, 8547.2, and 8547.8 of the
Government Code, to amend Sections 241, 241.4, and 243 of the Penal
Code, and to amend Sections 10601.2 and 10850.4 of the Welfare and
Institutions Code, relating to child welfare services.
LEGISLATIVE COUNSEL'S DIGEST
AB 921, as introduced, Jones-Sawyer. Child welfare services.
The California Whistleblower Protection Act prohibits an employee,
as defined to include specified employees in the executive and
judicial branches of state government, from using his or her official
authority or influence for the purpose of intimidating, threatening,
coercing, or commanding any person for the purpose of interfering
with his or her right to make a protected disclosure of improper
governmental activity. The act requires the State Auditor to
investigate and report on improper governmental activities, as
specified. The act authorizes an employee or applicant for employment
who files a written complaint alleging reprisal, retaliation, or
similar prohibited acts to also file a copy of the written complaint
with the State Personnel Board. The act provides that any person who
intentionally engages in acts of reprisal, retaliation, or similar
prohibited acts against a state employee or applicant for state
employment for having made a protected disclosure, is subject to
punishment for a misdemeanor and liable in an action for civil
damages brought by the injured party.
This bill, in addition, would provide that the act applies to an
employee of a county child welfare agency.
By expanding the scope of crime under the act, this bill would
impose a state-mandated local program.
Existing law establishes the crime of assault against specified
public safety officers, such as peace officers, firefighters, and
emergency medical technicians, among others, while engaged in the
performance of their duties, as specified. The offense is punishable
by a fine not exceeding $2,000, or by imprisonment in a county jail
not exceeding one year, or by both the fine and imprisonment.
This bill would expand the scope of the offense to include social
workers employed by a county in child welfare, as defined, while
engaged in the performance of their duties, as specified.
By expanding the scope of an existing crime, this bill would
impose a state-mandated local program.
Existing law establishes the crime of assault against a peace
officer engaged in the performance of his or her duties as a member
of a police department of a school district and the person committing
the offense knows or reasonably should know that the victim is a
peace officer engaged in the performance of his or her duties. The
offense is punishable by imprisonment in the county jail not
exceeding one year or by imprisonment pursuant to specified existing
law.
This bill would expand the scope of the offense to include social
workers employed by a county in child welfare, as specified.
By expanding the scope of an existing crime, this bill would
impose a state-mandated local program
Existing law establishes the crime of battery against specified
public safety officers, such as peace officers, firefighters, and
emergency medical technicians, among others, while engaged in the
performance of their duties, as specified. The offense is punishable,
except when the victim sustains an injury, by a fine not exceeding
$2,000, or by imprisonment in a county jail not exceeding one year,
or by both the fine and imprisonment.
This bill would expand the scope of the battery offense described
above to include a social worker employed by a county in child
welfare, as defined, while engaged in the performance of his or her
duty, as specified.
By expanding the scope of an existing crime, this bill would
impose a state-mandated local program.
Under existing law, the State Department of Social Services
oversees the administration of county public social services,
including child welfare services. Existing law requires the
department to establish the California Child and Family Service
Review System, in order to review all county child welfare systems.
This bill would, in relation to these reviews, require each county
to consult with specified stakeholders in developing the county
self-assessments and county improvement plans, or any subsequent
county self-assessments, as specified. This bill would also require
the county improvement plans to include a separately titled provision
that lists and provides the rationale for proposed operational
improvements that may be implemented at a cost savings to the county
or within existing resources. By increasing duties of county
officials, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) This act shall be known as the Child Welfare Social
Worker Empowerment and Foster Child Protection Act.
(b) The Legislature finds and declares that, while California
foster children are in foster care, they are uniquely dependent upon
the lawful, efficient, and competent delivery of state and local
government services and implementation of state and federal law.
(c) The Legislature further finds and declares that the special
and uniquely vulnerable status of foster children warrants extending
whistleblower protections for state employees to county child welfare
social workers to ensure that each worker, without fear of
retaliation, can advocate for policies that benefit every child and
publicly participate in discussions about each child's wellbeing.
(d) The Legislature further finds and declares that county child
welfare social workers who implement state and federal policy related
to the delivery of services and implementation of programs
benefitting foster children should have an avenue to suggest
cost-saving efficiencies in the delivery of services to foster
children, in a fashion that is transparent and accountable to the
public.
SEC. 2. Section 8547.1 of the Government Code is amended to read:
8547.1. The Legislature finds and declares that state
employees, and county child welfare employees should be free to
report waste, fraud, abuse of authority, violation of law, or threat
to public health without fear of retribution. The Legislature
further finds and declares that public servants best serve the
citizenry when they can be candid and honest without reservation in
conducting the people's business.
SEC. 3. Section 8547.2 of the Government Code is amended to read:
8547.2. For the purposes of this article, the following terms
have the following meanings:
(a) "County child welfare agency" means a county welfare
department or child welfare department or any other county agency
that employs social workers and is responsible for the placement and
supervision of children and youth in foster care.
(a)
(b) "Employee" means an individual appointed by the
Governor, or employed or holding office in a state agency as defined
by Section 11000, including, for purposes of Sections 8547.3 to
8547.7, inclusive, an employee of the California State University, or
an individual appointed by the Legislature to a state board or
commission and who is not a Member or employee of the Legislature. In
addition, "employee" means a person employed by the Supreme Court, a
court of appeal, a superior court, or the Administrative Office of
the Courts for the purposes of Sections 8547.3 to 8547.7, inclusive,
and Section 8547.13, except for those provisions of Section 8547.4
concerning notice of adverse action and the State Personnel Board.
"Employee" also means a person employed as a social worker by a
county child welfare agency. "Employee" includes a former
employee who met the criteria of this subdivision during his or her
employment.
(b)
(c) "Illegal order" means a directive to violate or
assist in violating a federal, state, or local law, rule, or
regulation, or an order to work or cause others to work in conditions
outside of their line of duty that would unreasonably threaten the
health or safety of employees or the public.
(c)
(d) "Improper governmental activity" means an activity
by a state agency or county child welfare agency or by an
employee that is undertaken in the performance of the employee's
duties, undertaken inside a state office or county child welfare
agency office , or, if undertaken outside a state office
or county child welfare agency office by the employee, directly
relates to state government or a county child welfare agency
, whether or not that activity is within the scope of his or
her employment, and that (1) is in violation of any state or federal
law or regulation, including, but not limited to, corruption,
malfeasance, bribery, theft of government property, fraudulent
claims, fraud, coercion, conversion, malicious prosecution, misuse of
government property, or willful omission to perform duty, (2) is in
violation of an Executive order of the Governor, a California Rule of
Court, or any policy or procedure mandated by the State
Administrative Manual or State Contracting Manual, or (3) is
economically wasteful, involves gross misconduct, incompetency, or
inefficiency , or, in the case of social workers employed by a
county child welfare agency, endangers the health or well-being of
children . For purposes of Sections 8547.4, 8547.5, 8547.7,
8547.10, and 8547.11, "improper governmental activity" includes any
activity by the University of California or by an employee, including
an officer or faculty member, who otherwise meets the criteria of
this subdivision. For purposes of Sections 8547.4, 8547.5, and
8547.13, "improper governmental activity" includes any activity by
the Supreme Court, a court of appeal, a superior court, or the
Administrative Office of the Courts, or by an employee thereof, who
otherwise meets the criteria of this subdivision.
(d)
(e) "Person" means an individual, corporation, trust,
association, a state or local government, or an agency or
instrumentality of any of the foregoing.
(e)
(f) "Protected disclosure" means a good faith
communication, including a communication based on, or when carrying
out, job duties, that discloses or demonstrates an intention to
disclose information that may evidence (1) an improper governmental
activity, or (2) a condition that may significantly threaten the
health or safety of employees or the public if the disclosure or
intention to disclose was made for the purpose of remedying that
condition. Protected disclosure specifically includes a good faith
communication to the California State Auditor's Office alleging an
improper governmental activity and any evidence delivered to the
California State Auditor's Office in support of the allegation.
"Protected disclosure" also includes, but is not limited to, a
complaint made to the Commission on Judicial Performance.
(f)
(g) "State agency" is defined by Section 11000. "State
agency" includes the University of California for purposes of
Sections 8547.5 to 8547.7, inclusive, and the California State
University for purposes of Sections 8547.3 to 8547.7, inclusive.
Sections 8547.3 to 8547.7, inclusive, shall apply to the Supreme
Court, the courts of appeal, the superior courts, and the
Administrative Office of the Courts in the same manner as they apply
to a state agency.
SEC. 4. Section 8547.8 of the Government Code is amended to read:
8547.8. (a) A state employee or applicant for state employment
who files a written complaint with his or her supervisor, manager, or
the appointing power alleging actual or attempted acts of reprisal,
retaliation, threats, coercion, or similar improper acts prohibited
by Section 8547.3, may also file a copy of the written complaint with
the State Personnel Board, together with a sworn statement that the
contents of the written complaint are true, or are believed by the
affiant to be true, under penalty of perjury. The complaint filed
with the board, shall be filed within 12 months of the most recent
act of reprisal complained about.
(b) Any person who intentionally engages in acts of reprisal,
retaliation, threats, coercion, or similar acts against a state
employee or applicant for state employment or employee of a
county child welfare agency for having made a protected
disclosure, is subject to a fine not to exceed ten thousand dollars
($10,000) and imprisonment in the county jail for a period not to
exceed one year. Pursuant to Section 19683, any state civil service
employee who intentionally engages in that conduct shall be
disciplined by adverse action as provided by Section 19572.
(c) In addition to all other penalties provided by law, any person
who intentionally engages in acts of reprisal, retaliation, threats,
coercion, or similar acts against a state employee or applicant for
state employment or employee of a county child welfare agency
for having made a protected disclosure shall be liable in an
action for damages brought against him or her by the injured party.
Punitive damages may be awarded by the court where the acts of the
offending party are proven to be malicious. Where liability has been
established, the injured party shall also be entitled to reasonable
attorney's fees as provided by law. However, except for county
child welfare agency employees, any action for damages shall
not be available to the injured party unless the injured party has
first filed a complaint with the State Personnel Board pursuant to
subdivision (a), and the board has issued, or failed to issue,
findings pursuant to Section 19683.
(d) This section is not intended to prevent an appointing power,
manager, or supervisor from taking, directing others to take,
recommending, or approving any personnel action or from taking or
failing to take a personnel action with respect to any state employee
or applicant for state employment or any employee of a county
child welfare agency if the appointing power, manager, or
supervisor reasonably believes any action or inaction is justified on
the basis of evidence separate and apart from the fact that the
person has made a protected disclosure as defined in subdivision
(b) (f) of Section 8547.2.
(e) In any civil action or administrative proceeding, once it has
been demonstrated by a preponderance of evidence that an activity
protected by this article was a contributing factor in the alleged
retaliation against a former, current, or prospective employee, the
burden of proof shall be on the supervisor, manager, or appointing
power to demonstrate by clear and convincing evidence that the
alleged action would have occurred for legitimate, independent
reasons even if the employee had not engaged in protected disclosures
or refused an illegal order. If the supervisor, manager, or
appointing power fails to meet this burden of proof in an adverse
action against the employee in any administrative review, challenge,
or adjudication in which retaliation has been demonstrated to be a
contributing factor, the employee shall have a complete affirmative
defense in the adverse action.
(f) Nothing in this article shall be deemed to diminish the
rights, privileges, or remedies of any employee under any other
federal or state law or under any employment contract or collective
bargaining agreement.
SEC. 5. Section 241 of the Penal Code is amended to read:
241. (a) An assault is punishable by a fine not exceeding one
thousand dollars ($1,000), or by imprisonment in the county jail not
exceeding six months, or by both the fine and imprisonment.
(b) When an assault is committed against the person of a parking
control officer engaged in the performance of his or her duties, and
the person committing the offense knows or reasonably should know
that the victim is a parking control officer, the assault is
punishable by a fine not exceeding two thousand dollars ($2,000), or
by imprisonment in the county jail not exceeding six months, or by
both the fine and imprisonment.
(c) When an assault is committed against the person of a peace
officer, firefighter, emergency medical technician, mobile intensive
care paramedic, lifeguard, process server, traffic officer, code
enforcement officer, animal control officer, social worker
employed by a county in child welfare, or search and rescue
member engaged in the performance of his or her duties, or a
physician or nurse engaged in rendering emergency medical care
outside a hospital, clinic, or other health care facility, and the
person committing the offense knows or reasonably should know that
the victim is a peace officer, firefighter, emergency medical
technician, mobile intensive care paramedic, lifeguard, process
server, traffic officer, code enforcement officer, animal control
officer, social worker employed by a county in child welfare,
or search and rescue member engaged in the performance of his
or her duties, or a physician or nurse engaged in rendering emergency
medical care, the assault is punishable by a fine not exceeding two
thousand dollars ($2,000), or by imprisonment in a county jail not
exceeding one year, or by both the fine and imprisonment.
(d) As used in this section, the following definitions apply:
(1) Peace officer means any person defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2.
(2) "Emergency medical technician" means a person possessing a
valid course completion certificate from a program approved by the
State Department of Health Care Services for the medical training and
education of ambulance personnel, and who meets the standards of
Division 2.5 (commencing with Section 1797) of the Health and Safety
Code.
(3) "Mobile intensive care paramedic" refers to those persons who
meet the standards set forth in Division 2.5 (commencing with Section
1797) of the Health and Safety Code.
(4) "Nurse" means a person who meets the standards of Division 2.5
(commencing with Section 1797) of the Health and Safety Code.
(5) "Lifeguard" means a person who is:
(A) Employed as a lifeguard by the state, a county, or a city, and
is designated by local ordinance as a public officer who has a duty
and responsibility to enforce local ordinances and misdemeanors
through the issuance of citations.
(B) Wearing distinctive clothing which includes written
identification of the person's status as a lifeguard and which
clearly identifies the employing organization.
(6) "Process server" means any person who meets the standards or
is expressly exempt from the standards set forth in Section 22350 of
the Business and Professions Code.
(7) "Traffic officer" means any person employed by a county or
city to monitor and enforce state laws and local ordinances relating
to parking and the operation of vehicles.
(8) "Animal control officer" means any person employed by a county
or city for purposes of enforcing animal control laws or
regulations.
(9) (A) "Code enforcement officer" means any person who is not
described in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2 and who is employed by any governmental subdivision, public or
quasi-public corporation, public agency, public service corporation,
any town, city, county, or municipal corporation, whether
incorporated or chartered, that has enforcement authority for health,
safety, and welfare requirements, and whose duties include
enforcement of any statute, rules, regulations, or standards, and who
is authorized to issue citations, or file formal complaints.
(B) "Code enforcement officer" also includes any person who is
employed by the Department of Housing and Community Development who
has enforcement authority for health, safety, and welfare
requirements pursuant to the Employee Housing Act (Part 1 (commencing
with Section 17000) of Division 13 of the Health and Safety Code);
the State Housing Law (Part 1.5 (commencing with Section 17910) of
Division 13 of the Health and Safety Code); the Manufactured Housing
Act of 1980 (Part 2 (commencing with Section 18000) of Division 13 of
the Health and Safety Code); the Mobilehome Parks Act (Part 2.1
(commencing with Section 18200) of Division 13 of the Health and
Safety Code); and the Special Occupancy Parks Act (Part 2.3
(commencing with Section 18860) of Division 13 of the Health and
Safety Code).
(10) "Parking control officer" means any person employed by a
city, county, or city and county, to monitor and enforce state laws
and local ordinances relating to parking.
(11) "Search and rescue member" means any person who is part of an
organized search and rescue team managed by a governmental agency.
(12) "Social worker employed by a county in child welfare" means a
social worker employed by a county welfare department or child
welfare department or any other county agency that employs social
workers and is responsible for the placement and supervision of
children and youth in foster care.
SEC. 6. Section 241.4 of the Penal Code is amended to read:
241.4. An assault is punishable by fine not exceeding one
thousand dollars ($1,000), or by imprisonment in the county jail not
exceeding six months, or by both. When the assault is committed
against the person of a peace officer engaged in the performance of
his or her duties as a member of a police department of a school
district pursuant to Section 38000 of the Education Code, or a
social worker employed by a county in child welfare as defined in
paragraph (12) of subdivision (d) of Section 241, and the
person committing the offense knows or reasonably should know that
the victim is a peace officer engaged in the performance of his or
her duties or a social worker employed by a county in
child welfare , the offense shall be punished by
imprisonment in the county jail not exceeding one year or by
imprisonment pursuant to subdivision (h) of Section 1170.
SEC. 7. Section 243 of the Penal Code is amended to read:
243. (a) A battery is punishable by a fine not exceeding two
thousand dollars ($2,000), or by imprisonment in a county jail not
exceeding six months, or by both that fine and imprisonment.
(b) When a battery is committed against the person of a peace
officer, custodial officer, firefighter, emergency medical
technician, lifeguard, security officer, custody assistant, process
server, traffic officer, code enforcement officer, animal control
officer, social worker employed by a county in child welfare,
or search and rescue member engaged in the performance of his
or her duties, whether on or off duty, including when the peace
officer is in a police uniform and is concurrently performing the
duties required of him or her as a peace officer while also employed
in a private capacity as a part-time or casual private security guard
or patrolman, or a nonsworn employee of a probation department
engaged in the performance of his or her duties, whether on or off
duty, or a physician or nurse engaged in rendering emergency medical
care outside a hospital, clinic, or other health care facility, and
the person committing the offense knows or reasonably should know
that the victim is a peace officer, custodial officer, firefighter,
emergency medical technician, lifeguard, security officer, custody
assistant, process server, traffic officer, code enforcement officer,
animal control officer, social worker employed by a county in
child welfare, or search and rescue member engaged in the
performance of his or her duties, nonsworn employee of a probation
department, or a physician or nurse engaged in rendering emergency
medical care, the battery is punishable by a fine not exceeding two
thousand dollars ($2,000), or by imprisonment in a county jail not
exceeding one year, or by both that fine and imprisonment.
(c) (1) When a battery is committed against a custodial officer,
firefighter, emergency medical technician, lifeguard, process server,
traffic officer, or animal control officer ,
or social worker employed by a county in child welfare,
engaged in the performance of his or her duties, whether on or
off duty, or a nonsworn employee of a probation department engaged in
the performance of his or her duties, whether on or off duty, or a
physician or nurse engaged in rendering emergency medical care
outside a hospital, clinic, or other health care facility, and the
person committing the offense knows or reasonably should know that
the victim is a nonsworn employee of a probation department,
custodial officer, firefighter, emergency medical technician,
lifeguard, process server, traffic officer, or
animal control officer , or social worker employed by a county
in child welfare, engaged in the performance of his or her
duties, or a physician or nurse engaged in rendering emergency
medical care, and an injury is inflicted on that victim, the battery
is punishable by a fine of not more than two thousand dollars
($2,000), by imprisonment in a county jail not exceeding one year, or
by both that fine and imprisonment, or by imprisonment pursuant to
subdivision (h) of Section 1170 for 16 months, or two or three years.
(2) When the battery specified in paragraph (1) is committed
against a peace officer engaged in the performance of his or her
duties, whether on or off duty, including when the peace officer is
in a police uniform and is concurrently performing the duties
required of him or her as a peace officer while also employed in a
private capacity as a part-time or casual private security guard or
patrolman and the person committing the offense knows or reasonably
should know that the victim is a peace officer engaged in the
performance of his or her duties, the battery is punishable by a fine
of not more than ten thousand dollars ($10,000), or by imprisonment
in a county jail not exceeding one year or pursuant to subdivision
(h) of Section 1170 for 16 months, or two or three years, or by both
that fine and imprisonment.
(d) When a battery is committed against any person and serious
bodily injury is inflicted on the person, the battery is punishable
by imprisonment in a county jail not exceeding one year or
imprisonment pursuant to subdivision (h) of Section 1170 for two,
three, or four years.
(e) (1) When a battery is committed against a spouse, a person
with whom the defendant is cohabiting, a person who is the parent of
the defendant's child, former spouse, fiancé, or fiancée, or a person
with whom the defendant currently has, or has previously had, a
dating or engagement relationship, the battery is punishable by a
fine not exceeding two thousand dollars ($2,000), or by imprisonment
in a county jail for a period of not more than one year, or by both
that fine and imprisonment. If probation is granted, or the execution
or imposition of the sentence is suspended, it shall be a condition
thereof that the defendant participate in, for no less than one year,
and successfully complete, a batterer's treatment program, as
described in Section 1203.097, or if none is available, another
appropriate counseling program designated by the court. However, this
provision shall not be construed as requiring a city, a county, or a
city and county to provide a new program or higher level of service
as contemplated by Section 6 of Article XIII B of the California
Constitution.
(2) Upon conviction of a violation of this subdivision, if
probation is granted, the conditions of probation may include, in
lieu of a fine, one or both of the following requirements:
(A) That the defendant make payments to a battered women's
shelter, up to a maximum of five thousand dollars ($5,000).
(B) That the defendant reimburse the victim for reasonable costs
of counseling and other reasonable expenses that the court finds are
the direct result of the defendant's offense.
For any order to pay a fine, make payments to a battered women's
shelter, or pay restitution as a condition of probation under this
subdivision, the court shall make a determination of the defendant's
ability to pay. In no event shall any order to make payments to a
battered women's shelter be made if it would impair the ability of
the defendant to pay direct restitution to the victim or
court-ordered child support. If the injury to a married person is
caused in whole or in part by the criminal acts of his or her spouse
in violation of this section, the community property shall not be
used to discharge the liability of the offending spouse for
restitution to the injured spouse, required by Section 1203.04, as
operative on or before August 2, 1995, or Section 1202.4, or to a
shelter for costs with regard to the injured spouse and dependents,
required by this section, until all separate property of the
offending spouse is exhausted.
(3) Upon conviction of a violation of this subdivision, if
probation is granted or the execution or imposition of the sentence
is suspended and the person has been previously convicted of a
violation of this subdivision and sentenced under paragraph (1), the
person shall be imprisoned for not less than 48 hours in addition to
the conditions in paragraph (1). However, the court, upon a showing
of good cause, may elect not to impose the mandatory minimum
imprisonment as required by this subdivision and may, under these
circumstances, grant probation or order the suspension of the
execution or imposition of the sentence.
(4) The Legislature finds and declares that these specified crimes
merit special consideration when imposing a sentence so as to
display society's condemnation for these crimes of violence upon
victims with whom a close relationship has been formed.
(5) If a peace officer makes an arrest for a violation of
paragraph (1) of subdivision (e) of this section, the peace officer
is not required to inform the victim of his or her right to make a
citizen's arrest pursuant to subdivision (b) of Section 836.
(f) As used in this section:
(1) "Peace officer" means any person defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2.
(2) "Emergency medical technician" means a person who is either an
EMT-I, EMT-II, or EMT-P (paramedic), and possesses a valid
certificate or license in accordance with the standards of Division
2.5 (commencing with Section 1797) of the Health and Safety Code.
(3) "Nurse" means a person who meets the standards of Division 2.5
(commencing with Section 1797) of the Health and Safety Code.
(4) "Serious bodily injury" means a serious impairment of physical
condition, including, but not limited to, the following: loss of
consciousness; concussion; bone fracture; protracted loss or
impairment of function of any bodily member or organ; a wound
requiring extensive suturing; and serious disfigurement.
(5) "Injury" means any physical injury which requires professional
medical treatment.
(6) "Custodial officer" means any person who has the
responsibilities and duties described in Section 831 and who is
employed by a law enforcement agency of any city or county or who
performs those duties as a volunteer.
(7) "Lifeguard" means a person defined in paragraph (5) of
subdivision (d) of Section 241.
(8) "Traffic officer" means any person employed by a city, county,
or city and county to monitor and enforce state laws and local
ordinances relating to parking and the operation of vehicles.
(9)
"Animal control officer" means any person employed by a city, county,
or city and county for purposes of enforcing animal control laws or
regulations.
(10) "Dating relationship" means frequent, intimate associations
primarily characterized by the expectation of affectional or sexual
involvement independent of financial considerations.
(11) (A) "Code enforcement officer" means any person who is not
described in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2 and who is employed by any governmental subdivision, public or
quasi-public corporation, public agency, public service corporation,
any town, city, county, or municipal corporation, whether
incorporated or chartered, who has enforcement authority for health,
safety, and welfare requirements, and whose duties include
enforcement of any statute, rules, regulations, or standards, and who
is authorized to issue citations, or file formal complaints.
(B) "Code enforcement officer" also includes any person who is
employed by the Department of Housing and Community Development who
has enforcement authority for health, safety, and welfare
requirements pursuant to the Employee Housing Act (Part 1 (commencing
with Section 17000) of Division 13 of the Health and Safety Code);
the State Housing Law (Part 1.5 (commencing with Section 17910) of
Division 13 of the Health and Safety Code); the Manufactured Housing
Act of 1980 (Part 2 (commencing with Section 18000) of Division 13 of
the Health and Safety Code); the Mobilehome Parks Act (Part 2.1
(commencing with Section 18200) of Division 13 of the Health and
Safety Code); and the Special Occupancy Parks Act (Part 2.3
(commencing with Section 18860) of Division 13 of the Health and
Safety Code).
(12) "Custody assistant" means any person who has the
responsibilities and duties described in Section 831.7 and who is
employed by a law enforcement agency of any city, county, or city and
county.
(13) "Search and rescue member" means any person who is part of an
organized search and rescue team managed by a government agency.
(14) "Security officer" means any person who has the
responsibilities and duties described in Section 831.4 and who is
employed by a law enforcement agency of any city, county, or city and
county.
(15) "Social worker employed by a county in child welfare" means a
social worker employed by a county welfare department or child
welfare department or any other county agency that employs social
workers and is responsible for the placement and supervision of
children and youth in foster care.
(g) It is the intent of the Legislature by amendments to this
section at the 1981-82 and 1983-84 Regular Sessions to abrogate the
holdings in cases such as People v. Corey, 21 Cal. 3d 738, and
Cervantez v. J.C. Penney Co., 24 Cal. 3d 579, and to reinstate prior
judicial interpretations of this section as they relate to criminal
sanctions for battery on peace officers who are employed, on a
part-time or casual basis, while wearing a police uniform as private
security guards or patrolmen and to allow the exercise of peace
officer powers concurrently with that employment.
SEC. 8. Section 10601.2 of the Welfare and Institutions Code is
amended to read:
10601.2. (a) The State Department of Social Services shall
establish, by April 1, 2003, the California Child and Family Service
Review System, in order to review all county child welfare systems.
These reviews shall cover child protective services, foster care,
adoption, family preservation, family support, and independent
living.
(b) Child and family service reviews shall maximize compliance
with the federal regulations for the receipt of money from Subtitle E
(commencing with Section 470) of Title IV of the federal Social
Security Act (42 U.S.C. Sec. 670 and following) and ensure compliance
with state plan requirements set forth in Subtitle B (commencing
with Section 421) of Title IV of the federal Social Security Act (42
U.S.C. Sec. 621 and following).
(c) (1) (A) The California Health and Human
Services Agency shall convene a workgroup comprised of
representatives of the Judicial Council, the State Department of
Social Services, the State Department of Health Care Services, the
State Department of Education, the State Department of Justice, any
other state departments or agencies the California Health and Human
Services Agency deems necessary, the County Welfare Directors
Association, the California State Association of Counties, the Chief
Probation Officers of California, the California Youth Connection,
and representatives of California tribes, interested child advocacy
organizations, researchers, and foster parent organizations. The
workgroup shall establish a workplan by which child and family
service reviews shall be conducted pursuant to this section,
including a process for qualitative peer reviews of case information.
(2)
(B) At a minimum, in establishing the workplan, the
workgroup shall consider any existing federal program improvement
plans entered into by the state pursuant to federal regulations, the
outcome indicators to be measured, compliance thresholds for each
indicator, timelines for implementation, county review cycles,
uniform processes, procedures and review instruments to be used, a
corrective action process, and any funding or staffing increases
needed to implement the requirements of this section. The agency
shall broadly consider collaboration with all entities to allow the
adequate exchange of information and coordination of efforts to
improve outcomes for foster youth and families.
(2) In developing county self-assessments and county improvement
plans pursuant to this section, or any subsequent county
self-assessments pursuant to this section, each county shall consult
with stakeholders, including, but not limited to, county child
welfare agencies and probation agency staff at all levels, current
and former foster children, children's attorneys, and foster care
providers. The county shall consult with at least one county child
welfare worker named by the bargaining unit representing children's
social workers.
(d) (1) The California Child and Family Service Review System
outcome indicators shall be consistent with the federal child and
family service review measures and standards for child and family
outcomes and system factors authorized by Subtitle B (commencing with
Section 421) and Subtitle E (commencing with Section 470) of Title
IV of the federal Social Security Act and the regulations adopted
pursuant to those provisions (Parts 1355 to 1357, inclusive, of Title
45 of the Code of Federal Regulations).
(2) During the first review cycle pursuant to this section, each
county shall be reviewed according to the outcome indicators
established for the California Child and Family Service Review
System.
(3) For subsequent reviews, the workgroup shall consider whether
to establish additional outcome indicators that support the federal
outcomes and any program improvement plan, and promote good health,
mental health, behavioral, educational, and other relevant outcomes
for children and families in California's child welfare services
system.
(4) The workgroup shall convene as necessary to update the outcome
indicators described in paragraph (1).
(5) The county improvement plans developed pursuant to this
section that are approved by the county board of supervisors shall
include a separately titled provision that lists and provides the
rationale for proposed operational improvements identified during the
stakeholder process described in paragraph (2) of subdivision (c)
that may be implemented at a cost savings to the county or within
existing county resources.
(e) The State Department of Social Services shall identify and
promote the replication of best practices in child welfare service
delivery to achieve the measurable outcomes established pursuant to
subdivision (d).
(f) The Notwithstanding Section 10231.5 of
the Government Code, the State Department of Social Services
shall provide information to the Assembly and Senate Budget
Committees Committee on Budget and the Senate
Committee on Budget and Fiscal Review and appropriate
legislative policy committees annually, beginning with the 2002-03
fiscal year, on all of the following:
(1) The department's progress in planning for the federal child
and family service review to be conducted by the United States
Department of Health and Human Services and, upon completion of the
federal review, the findings of that review, the state's response to
the findings, and the details of any program improvement plan entered
into by the state.
(2) The department's progress in implementing the California child
and family service reviews, including, but not limited to, the
timelines for implementation, the process to be used, and any funding
or staffing increases needed at the state or local level to
implement the requirements of this section.
(3) The findings and recommendations for child welfare system
improvements identified in county self-assessments and county system
improvement plans, including information on common statutory,
regulatory, or fiscal barriers identified as inhibiting system
improvements, any recommendations to overcome those barriers, and, as
applicable, information regarding the allocation and use of the
moneys provided to counties pursuant to subdivision (i).
(g) Effective April 1, 2003, the existing county compliance review
system shall be suspended to provide to the State Department of
Social Services sufficient lead time to provide training and
technical assistance to counties for the preparation necessary to
transition to the new child and family service review system.
(h) Beginning January 1, 2004, the department shall commence
individual child and family service reviews of California counties.
County child welfare systems that do not meet the established
compliance thresholds for the outcome measures that are reviewed
shall receive technical assistance from teams made up of state and
peer-county administrators to assist with implementing best practices
to improve their performance and make progress toward meeting
established levels of compliance.
(i) (1) To the extent that funds are appropriated in the annual
Budget Act to enable counties to implement approaches to improving
their performance on the outcome indicators under this section, the
department, in consultation with counties, shall establish a process
for allocating the funds to counties.
(2) The allocation process shall take into account, at a minimum,
the extent to which the proposed funding would be used for activities
that are reasonably expected to help the county make progress toward
the outcome indicators established pursuant to this section, and the
extent to which county funding for the Child Abuse, Prevention and
Treatment program is aligned with the outcome indicators.
(3) To the extent possible, a county shall use funds in a manner
that enables the county to access additional federal, state, and
local funds from other available sources. However, a county's ability
to receive additional matching funds from these sources shall not be
a determining factor in the allocation process established pursuant
to this subdivision.
(4) The department shall provide information to the appropriate
committees of the Legislature on the process established pursuant to
this subdivision for allocating funds to counties.
(j) (1) Counties shall continue to be responsible for and
accountable to the department for child welfare program performance
measures, including all of the following:
(A) The outcome and systemic factor measures contained in the
federal Department of Health and Human Services Child and Family
Services Review Procedures Manual, Appendix B, Index of Outcomes and
Systemic Factors, and Associated Items and Data Indicators, issued
pursuant to Sections 1355.34(b) and 1355.34(c) of Title 45 of the
Code of Federal Regulations.
(B) Information and other requirements necessary for the
California Child and Family Service Review System, as required
pursuant to this section.
(C) Monthly caseworker visits with a child in care.
(D) Timeliness to begin an investigation of allegations of child
abuse or neglect.
(E) Notwithstanding the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code),
other performance measures resulting from new federal mandates or
court decrees as specified in an all-county letter issued by the
department.
(2) The department shall monitor, on an ongoing basis, county
performance on the measures specified in paragraph (1).
(3) At least once every five years, the department shall conduct a
comprehensive review of county performance on the measures specified
in paragraph (1).
(4) (A) The department shall periodically update the process
guides utilized by counties to prepare the self assessments and
system improvement plans to promote implementation and evaluation of
promising practices and use of data.
(B) The process guides also shall include, but not be limited to,
both of the following:
(i) County evaluation of demographics for the children and
families served and effectiveness of the system improvement
activities for these populations.
(ii) A description of the process by which the department and
counties shall develop mutually agreed upon performance targets for
improvement.
(5) The department, in consultation with counties, shall develop a
process for resolving any disputes regarding the establishment of
appropriate targets pursuant to the process provided in paragraph
(4).
(6) A county shall submit an update to the department, no less
than annually, on its progress in achieving improvements from the
county's baseline for the applicable measure. The department may
require a county that has not met its performance targets to submit
and implement a corrective action plan, as determined by the
director.
(k) Beginning in the 2011-12 fiscal year, and for each fiscal year
thereafter, funding and expenditures for programs and activities
required under this section shall be in accordance with the
requirements provided in Sections 30025 and 30026.5 of the Government
Code.
SEC. 9. Section 10850.4 of the Welfare and Institutions Code is
amended to read:
10850.4. (a) Within five business days of learning that a child
fatality has occurred in the county and that there is a reasonable
suspicion that the fatality was caused by abuse or neglect, the
custodian of records for the county child welfare agency, upon
request, shall release the following information:
(1) The age and gender of the child.
(2) The date of death.
(3) Whether the child was in foster care or in the home of his or
her parent or guardian at the time of death.
(4) Whether an investigation is being conducted by a law
enforcement agency or the county child welfare agency.
(b) All cases in which abuse or neglect leads to a child's death
shall be subject to the disclosures required in subdivision (c).
Abuse or neglect is determined to have led to a child's death if one
or more of the following conditions are met:
(1) A county child protective services agency determines that the
abuse or neglect was substantiated.
(2) A law enforcement investigation concludes that abuse or
neglect occurred.
(3) A coroner or medical examiner concludes that the child who
died had suffered abuse or neglect.
(c) Upon completion of the child abuse or neglect investigation
into the child's death, as described in subdivision (b), the
following documents from the juvenile case file shall be released by
the custodian of records upon request, subject to the redactions set
forth in subdivision (e):
(1) All of the information in subdivision (a).
(2) For cases in which the child's death occurred while living
with a parent or guardian, all previous referrals of abuse or neglect
of the deceased child while living with that parent or guardian
shall be disclosed along with the following documents:
(A) The emergency response referral information form and the
emergency response notice of referral disposition form completed by
the county child welfare agency relating to the abuse or neglect that
caused the death of the child.
(B) Any cross reports completed by the county child welfare agency
to law enforcement relating to the deceased child.
(C) All risk and safety assessments completed by the county child
welfare services agency relating to the deceased child.
(D) All health care records of the deceased child, excluding
mental health records, related to the child's death and previous
injuries reflective of a pattern of abuse or neglect.
(E) Copies of police reports about the person against whom the
child abuse or neglect was substantiated.
(3) For cases in which the child's death occurred while the child
was in foster care, the following documents in addition to those
specified in paragraphs (1) and (2) generated while the child was
living in the foster care placement that was the placement at the
time of the child's death:
(A) Records pertaining to the foster parents' initial licensing
and renewals and type of license or licenses held, if in the case
file.
(B) All reported licensing violations, including notices of
action, if in the case file.
(C) Records of the training completed by the foster parents, if in
the case file.
(d) The documents listed in subdivision (c) shall be released to
the public by the custodian of records within 10 business days of the
request or the disposition of the investigation, whichever is later.
(e) (1) Prior to releasing any document pursuant to subdivision
(c), the custodian of records shall redact the following information:
(A) The names, addresses, telephone numbers, ethnicity, religion,
or any other identifying information of any person or institution,
other than the county or the State Department of Social Services,
that is mentioned in the documents listed in paragraphs (2) and (3)
of subdivision (c).
(B) Any information that would, after consultation with the
district attorney, jeopardize a criminal investigation or proceeding.
(C) Any information that is privileged, confidential, or not
subject to disclosure pursuant to any other state or federal law.
(2) (A) The State Department of Social Services shall promulgate a
regulation listing the laws described in subparagraph (C) of
paragraph (1) and setting forth standards governing redactions.
(B) Notwithstanding the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code),
until emergency regulations are filed with the Secretary of State,
the State Department of Social Services may implement the changes
made to Section 827 and this section at the 2007-08 Regular Session
of the Legislature through all-county letters or similar instructions
from the director. The department shall adopt as emergency
regulations, as necessary to implement those changes, no later than
January 1, 2009.
(C) The adoption of regulations pursuant to this paragraph shall
be deemed to be an emergency necessary for the immediate preservation
of the public peace, health, safety, or general welfare. The
emergency regulations authorized by this section shall be exempt from
review by the Office of Administrative Law. The emergency
regulations authorized by this section shall be submitted for filing
with the Secretary of State and shall remain in effect for no more
than 180 days, by which time the final regulations shall be adopted.
(f) Upon receiving a request for the documents listed in
subdivision (c), the custodian of records shall notify and provide a
copy of the request upon counsel for any child who is directly or
indirectly connected to the juvenile case file. If counsel for a
child, including the deceased child or any sibling of the deceased
child, objects to the release of any part of the documents listed in
paragraphs (2) and (3) of subdivision (c), they may petition the
juvenile court for relief to prevent the release of any document or
part of a document requested pursuant to paragraph (2) of subdivision
(a) of Section 827.
(g) Documents from the juvenile case file, other than those listed
in paragraphs (2) and (3) of subdivision (c), shall only be
disclosed upon an order by the juvenile court pursuant to Section
827.
(h) Once documents pursuant to this section have been released by
the custodian of records, the State Department of Social Services
or , the county welfare department or
agency , and any county child welfare social worker, may
comment on the case within the scope of the release.
(i) Information released by a custodian of records consistent with
the requirements of this section does not require prior notice to
any other individual.
(j) Each county welfare department or agency shall notify the
State Department of Social Services of every child fatality that
occurred within its jurisdiction that was the result of child abuse
or neglect. Based on these notices and any other relevant information
in the State Department of Social Services' possession, the
department shall annually issue a report identifying the child
fatalities and any systemic issues or patterns revealed by the
notices and other relevant information. The State Department of
Social Services, after consultation with interested stakeholders,
shall provide instructions by an all-county letter regarding the
procedure for notification.
(k) For purposes of this section, the following definitions apply:
(1) "Child abuse or neglect" has the same meaning as defined in
Section 11165.6 of the Penal Code.
(2) "Custodian of records," for the purposes of this section and
paragraph (2) of subdivision (a) of Section 827, means the county
welfare department or agency.
(3) "Juvenile case files" or "case files" include any juvenile
court files, as defined in Rule 5.552 of the California Rules of
Court, and any county child welfare department or agency or State
Department of Social Services records regardless of whether they are
maintained electronically or in paper form.
(4) "Substantiated" has the same meaning as defined in Section
11165.12 of the Penal Code.
(l) A person disclosing juvenile case file information as required
by this section shall not be subject to suit in civil or criminal
proceedings for complying with the requirements of this section.
(m) This section shall apply only to deaths that occur on or after
January 1, 2008.
(n) Nothing in this section shall require a custodian of records
to retain documents beyond any date otherwise required by law.
(o) Nothing in this section shall be construed as requiring a
custodian of records to obtain documents not in the case file.
SEC. 10. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.