Amended in Assembly April 10, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 921

Introduced by Assembly Member Jones-Sawyer

February 22, 2013

An act to begin delete amend Sections 8547.1, 8547.2, and 8547.8 of the Government end delete begin insert add Chapter 4.7 (commencing with Section 1080) to Part 3 of Division 2 of the Labor end insert 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 amended, 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.

begin delete

This bill, in addition, would provide that the act applies to an employee of a county child welfare agency.

end delete begin insert

This bill would require, by January 1, 2015, the board of directors of a county to adopt an ordinance that would prohibit the taking of specified actions toward a social worker who is employed by a county child welfare agency, including retaliation against the employee for disclosing or reporting information to the public, an appointed or elected official, or an employee or other official of a governmental, including law enforcement, agency, where the social worker has reasonable cause to believe that the information discloses a policy or practice that endangers the health or well-being of a child, is a violation of a state or federal statute, regulation, or policy; or is a violation of a county ordinance or policy. The bill would provide that a county is liable for a specified civil penalty for violations of the prohibitions of the ordinance adopted pursuant to this bill.

end insert begin insert

The bill would also subject to civil liability and a misdemeanor penalty a person who intentionally engages in acts of reprisal, retaliation, threats, coercion, or similar acts against an employee of a county child welfare agency who discloses or reports information as described in the above provisions.

end insert

By begin delete expanding the scope of crime under the act, end delete begin insert creating new crimes, end insert 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 begin insert . end insert

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.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Chapter 4.7 (commencing with Section 4080) is added
to Part 3 of Division 2 of the end insert begin insert Labor Code end insert begin insert , to read: end insert

begin insert

 

Chapter   begin insert 4.7. end insert County Child Welfare Social Workers

 

begin insert 4080. end insert   

(a) By January 1, 2015, the board of supervisors of a
county shall adopt an ordinance that prohibits the following actions
toward a social worker who is employed by a county child welfare
agency:

(1) Making, adopting, or enforcing any rule, regulation, or
policy to prevent the employee from disclosing or reporting
information to the public, an appointed or elected official, or an
employee or other official of a governmental, including law
enforcement, agency, where the social worker has reasonable
cause to believe that the information discloses a policy or practice
that endangers the health or well-being of a child, is a violation
of a state or federal statute, regulation, or policy; or is a violation
of a county ordinance or policy.

(2) Retaliating against the employee for disclosing or reporting
information to the public, an appointed or elected official, or an
employee or other official of a governmental, including law
enforcement, agency, where the social worker has reasonable
cause to believe that the information discloses a policy or practice
that endangers the health or well-being of a child, is a violation
of a state or federal statute, regulation, or policy; or is a violation
of a county ordinance or policy.

(3) Retaliating against the employee for refusing to participate
in an activity that would result in endangering the health or
well-being of a child, is a violation of a state or federal statute,
regulation, or policy; or is a violation of a county ordinance or
policy.

(b) In addition to other penalties or damages, a county that
adopts an ordinance described in subdivision (a) shall be liable
for a civil penalty not exceeding ten thousand dollars ($10,000)
for each violation of this ordinance, and the employee’s reasonable
attorney’s fees and costs.

(c) In a civil action or administrative proceeding brought
pursuant to the ordinance, once it has been demonstrated by a
preponderance of the evidence that an activity proscribed by this
section was a contributing factor in the alleged prohibited action
against the employee, the employer shall have the burden of proof
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 activities protected by
this section.

(d) Nothing in this section shall be construed to authorize a
social worker employed by a county child welfare agency to
disclose the identity of a child or the case file.

(e) For purposes of this section and Section 4081, “county child
welfare agency” includes a county welfare department, child
welfare department, and any other county agency that employs
social workers and is responsible for the placement and supervision
of children and youth in foster care.

begin insert 4081. end insert   

(a) Any person who intentionally engages in acts of
reprisal, retaliation, threats, coercion, or similar acts against an
employee of a county child welfare agency in violation of an
ordinance adopted pursuant to Section 4080 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.

(b) In addition to any other penalty provided by law, a person
who intentionally engages in acts of reprisal, retaliation, threats,
coercion, or similar acts against an employee of a county child
welfare agency for a violation of an ordinance adopted pursuant
to Section 4080 shall be liable in a civil 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 party alleged to violate
Section 4080 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.

(c) This section shall not be construed 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
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 disclosure protected pursuant to
an ordinance adopted pursuant to Section 4080.

(d) Nothing in this chapter or ordinance adopted pursuant to
this chapter shall be construed 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.

end insert

begin delete

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.

(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.

(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.

(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.

(e) “Person” means an individual, corporation, trust, association,
a state or local government, or an agency or instrumentality of any
of the foregoing.

(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.

(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
(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.

end delete

begin delete SEC. 5. end delete
begin insert SEC. 3. end insert   

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.

begin delete SEC. 6. end delete
begin insert SEC. 4. end insert   

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.

begin delete SEC. 7. end delete
begin insert SEC. 5. end insert   

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, 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, 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.

begin delete SEC. 8. end delete
begin insert SEC. 6. end insert   

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.

(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) Notwithstanding Section 10231.5 of the Government Code,
the State Department of Social Services shall provide information
to the Assembly 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.

begin delete SEC. 9. end delete
begin insert SEC. 7. end insert   

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, 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.

begin delete SEC. 10. end delete
begin insert SEC. 8. end insert   

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.