BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 921
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          Date of Hearing:   April 23, 2013
          Counsel:        Gabriel Caswell


                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY
                                 Tom Ammiano, Chair

                 AB 921 (Jones-Sawyer) - As Amended:  April 10, 2013
                      As Proposed to be Amended in Committee  
           

          SUMMARY  :  Increases the misdemeanor punishment for simple  
          assault and simple battery of a county child welfare social  
          worker from up to 6 months in county jail to up to one year in  
          the county jail.  Specifically,  this bill  :  

          1)Increases the misdemeanor punishment for simple assault and  
            simple battery against a county child welfare social worker  
            from 6 months in the county jail and up to a $1,000 fine to 12  
            months in the county jail and up to a $2,000 fine.  

          2)Specifies that "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.

          3)Makes findings and declarations by the Legislature as follows:  
             

             a)   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.

             b)   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.

             c)   County child welfare social workers who implement state  
               and federal policy related to the delivery of services and  








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               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. 

          4)Requires counties, when doing self-assessments and improvement  
            plans in child welfare, to consult with stakeholders,  
            including county child welfare agencies and probation agency  
            staff at all levels, current and former foster children,  
            children's attorneys, and foster care providers.

          5)Requires counties, when doing self-assessments and improvement  
            plans in child welfare, to consult with at least one county  
            child welfare worker named by the bargaining unit representing  
            children's social workers.

          6)Requires that each county's child welfare improvement plan,  
            approved by the county board of supervisors, include a  
            separately titled provision that lists and provides the  
            rationale for proposed operational improvements identified  
            during the stakeholder process that can be implemented at a  
            cost savings to the county or within existing county  
            resources.

          7)Requires that by January 1, 2015 that county boards of  
            supervisors shall adopt an ordinance that prohibits a number  
            of specified actions:  

             a)   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.

             b)   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  








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               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.

             c)   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.

           EXISTING LAW  :  

          1)Defines "assault" as an unlawful attempt, coupled with a  
            present ability, to commit a violent injury on the person of  
            another.  (Penal Code Section 240.)

          2)Provides that assault is punishable by a fine not exceeding  
            $1,000, by imprisonment in the county jail not exceeding six  
            months, or by both the fine and imprisonment.  [Penal Code  
            Section 241(a).]

          3)Proscribes that when an assault is committed against the  
            person of a custodial officer, firefighter, emergency medical  
            technician (EMT), physician or nurse providing emergency care,  
            lifeguard, process server, traffic officer, code enforcement,  
            or animal 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 custodial officer,  
            firefighter, EMT, physician or nurse providing emergency care,  
            lifeguard, process server, traffic officer, code enforcement  
            officer, or animal control officer, the assault is punishable  
            by a find not exceeding $2,000, by imprisonment in the county  
            jail not exceeding six months, or by both fine and  
            imprisonment.  [Penal Code Section 241(c).]

          4)Defines "battery" as any willful and unlawful use of force or  
            violence upon the person of another.  (Penal Code Section  
            242.)

          5)Makes battery punishable by a fine not exceeding $2,000, by  
            imprisonment in a county jail not exceeding six months, or by  
            both that fine and imprisonment.  [Penal Code Section 243(a).]

          6)Provides that when a battery is committed against the person  
            of a custodial office, firefighter, EMT, physician or nurse  








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            providing emergency care, lifeguard, process server, traffic  
            officer, or animal 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 custodial  
            officer, firefighter, EMT, physician or nurse providing  
            emergency care, lifeguard, process server, traffic officer, or  
            animal control officer the battery is punishable by up to one  
            year in the county jail, by a fine of up to $2,000, or by both  
            a fine and imprisonment.  If the victim suffers an injury  
            requiring medical care, the crime is an alternate felony  
            misdemeanor, punishable by up to one year in the county jail,  
            by a fine of up to $2,000, by both a fine and imprisonment, or  
            by 16 months, 2 or 3 years in state prison.  [Penal Code  
            Sections 243(b) and (c).]

          7)Provides that a battery 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 in the state prison for two, three,  
            or four years.  [Penal Code Section 243(d).]

          8)States battery upon a peace officer engaged in the performance  
            of his or her duties is punishable by imprisonment in a county  
            jail not to exceed one year or in the state prison for 16  
            months, 2 or 3 years, by a fine not to exceed $10,000, or by  
            both a fine and imprisonment.  [Penal Code Section 243(c)  
            (2).]

          9)Provides that battery committed upon a custodial officer where  
            it should reasonably be known that such victim is a custodial  
            officer in the performance of his or her duties is punishable  
            by imprisonment in the state prison for 16 months, 2 or 3  
            years.  (Penal Code Section 243.1.)

          10)Establishes a system of child welfare services for abused and  
            neglected children which is overseen by the State Department  
            of Social Services (DSS) and administered by individual  
            counties.  Requires the DSS to establish the California Child  
            and Family Service Review System to review all county child  
            welfare services, including child protective services, foster  
            care, adoption, family preservation, family support, and  
            independent living.  (Welfare and Institutions Code 10601.2)

          11)Requires the DSS to review each county's child welfare  
            services according to outcome indicators and to identify and  








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            promote the replication of best practices in child welfare  
            service delivery.  (WIC 10601.2)

          12)Requires the DSS to provide information annually to the  
            budget committees of both houses of the Legislature including  
            findings and recommendations for child welfare system  
            improvements identified in county self-assessments and county  
            system improvement plans. (WIC 10601.2)



           FISCAL EFFECT  :   Unknown

           COMMENTS  :   

           1)Author's Statement  :  According to the author, "AB 921 imposes  
            what is in essence an empowering suggestion box for social  
            workers engaged in child welfare. This bill will also ensure  
            that social workers who speak out against policies and  
            practices that endanger children cannot be retaliated against  
            for doing so. This bill will establish a process where social  
            worker- generated improvements and recommendations are  
            included in CWS systemic reform discussions and in county  
            planning documents."

           2)Background  :  As provided by the author, with recent, sweeping  
            budget cuts to child welfare and foster care and re-alignment,  
            it is more important than ever for county social workers,  
            boards of supervisors, and child welfare directors to identify  
            and implement operational improvements that will reduce  
            paperwork, enhance social worker productivity and job  
            satisfaction, and help ensure that abused and neglected  
            children are well looked after.
             
             Unprecedented budget cuts and external audits from two  
            counties that found that bureaucracy impedes effective social  
            work, imperiling the lives of children, it is apparent that  
            social workers have not had a platform where they feel free to  
            advocate for common-sense policies and procedures.   
             
           3)Misdemeanor Sentences for Simple Assault and Battery  :  Under  
            existing law, a person who commits an assault or battery  
            against a peace officer, specified public officers or  
            individuals holding special positions of employment is subject  
            to an increased punishment. This bill would add simple assault  








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            of a county child welfare social worker to the list of  
            government employees covered by increased punishments.   
            Specifically, this bill would increase the punishment for  
            simple misdemeanor assault from up to 6 months in county jail  
            and up to a $1,000 fine to up to 12 months in county jail and  
            up to a $2,000 fine.   

            4)California Child and Family Services Review  :  AB 636  
            (Steinberg), Chapter 678, Statutes of 2001, established the  
            California-Child and Family Services Review System (C-CFSR),  
            which was implemented in January 2004.  Development of the  
            C-CFSR marked a shift from the previous oversight system  
            focusing on regulatory compliance to a system focusing on  
            measuring outcomes for children in the child welfare services  
            system, including recurrence of maltreatment and child safety,  
            number of foster home placements, length of time to  
            reunification with birth parents and permanency.  In addition  
            to the federally-required outcome measures, the C-CFSR  
            includes state-specific outcome measures for overall child and  
            family well-being.  DSS reviews all counties on a five-year  
            cycle under the C-CFSR to determine county performance in  
            meeting system requirements and improving outcomes for  
            children. The reviews consist of a county self-assessment,  
            which is influenced by local stakeholder input and identifies  
            the county's strengths, areas needing improvement and barriers  
            to improvement within the local system; a Peer Quality Case  
            Review, which supplements the self-assessment with input from  
            peer counties and outside experts; and a System Improvement  
            Plan (SIP), which identifies annual targets for improvement in  
            outcomes for children within the local child welfare services  
            system.  The state encourages counties to use existing  
            planning processes and community groups to increase public  
            participation, and most counties work with a group of core  
            representatives in the development of self-assessments.  
            Additionally, DSS approves each county SIP, and monitors  
            compliance using quarterly performance reports.

            Requiring input from line social workers to be included in the  
            existing child and family services review process has the  
            potential to alter and improve the counties' ability to  
            adequately address their core child safety and well-being  
            goals.

           5)Argument in Support  :  According to  SEIU of California  , "The  
            Service Employees International Union, who represents nearly  








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            10,000 thousands Child Welfare Social Workers statewide, is  
            pleased to support and co-sponsor AB 921, an important and  
            common sense bill that will identify and implement county  
            operational efficiencies and reforms benefitting abused and  
            neglected foster children throughout the State. AB 921 will  
            also allow our county social workers to discuss reform and  
            systemic problems without fear of retaliation.  
             
             "Our Child Welfare Social Workers are on the front lines of  
            providing essential services to youth who often times are  
            faced with unimaginable circumstances. Unfortunately, recent  
            budget cuts to child welfare and foster care have forced staff  
            layoffs and reduced the amount of time that workers can spend  
            with the youth that so desperately need them. Because of  
            massive layoffs and deep budget cuts we believe it is more  
            important than ever for our county social workers, boards of  
            supervisors, counsel for foster children, and child welfare  
            directors to identify and implement simple, day-in, day-out  
            operational improvements that will reduce paperwork, enhance  
            social worker productivity and job satisfaction, and help  
            ensure that abused and neglected children are well looked  
            after. 

            "There have been recent instances where operational  
            inefficiencies have been identified, but only after tragedy  
            struck in two very large counties- Sacramento and Los Angeles.  
            Sacramento County, for example, hired an outside agency after  
            several child deaths occurred tasked with identifying problems  
            with in the CWS system. One of the many inefficiency  
            identified through that report was the 1,300 page handbook  
            that details the guidelines expected of our workers. In Los  
            Angles one of SEIU'S largest locals, 721 decided to  
            independently evaluate current county operational failures,  
            again only after tragedy struck. Our workers felt as if their  
            voices were not being heard and therefore decided to  
            independently research barriers that prevent workers from  
            effectively performing essential duties that protect children  
            from abuse and neglect. Our local drafted a set list of  
            recommendations that included better training, access to cell  
            phones, lap tops, better communication between different  
            departments, and various other simple suggestions to improve  
            the outcomes for the youth and families we serve.  Our local  
            in Los Angles is now working very closely in partnership with  
            DCFS on addressing many of the suggestions outlined in the  
            SEIU 721 report including addressing the 4,000 page handbook  








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            that details the guidelines county social workers are asked to  
            follow. We believe the AB 921 will create this partnership  
            with workers and counties statewide if adopted.    

            "AB 921 will:  Require counties to take into account social  
            worker operational reform suggestions that can be implemented  
            within existing resources.  Extend whistleblower protections  
            to social workers who sound the alarm about policies and  
            practices that imperil children.  Extend to social workers  
            protections against violence that impedes their work aiding  
            children.

            "Our workers are on the ones one the front lines, providing  
            essential services to protect youth from horrible  
            circumstances. We believe that AB 921 is necessary to ensure  
            that social workers are heard and feel comfortable and  
            protected to share their stories. This bill will ensure that  
            our workers have a voice and a seat at the table when  
            operational reforms are made, discussed and/ or recommended.  
            SEIU understands that the current process set forth by AB 636  
            requires social workers to provide information and  
            recommendations around systemic reforms and we certainly don't  
            want to be duplicative in our efforts, however for unexplained  
            reasons many of our CWS social workers believe that their  
            recommendations are often not considered or provided in the  
            reports required by the AB 636 process. We believe that if the  
            stakeholder discussions set forth in AB 636 were effective our  
            local union would not have needed to independently research  
            and draft recommendations for operational improvements. SEIU  
            believes that this bill will help rectify that problem and  
            ensure that front line workers are able to voice their  
            concerns and opinions on what improvements are necessary to  
            help provide better outcomes for the youth and families we  
            serve." 

           6)Related Legislation:   AB 707 (Ting), increases the penalties  
            for a battery committed upon the person of an individual  
            authorized to issue citations for fare evasion or passenger  
            conduct violations for a public transportation provider.  AB  
            707 has passed this committee and is awaiting a hearing in the  
            Assembly Appropriations Committee.  

           7)Prior Legislation  :  

             a)   SB 390 (La Malfa), Chapter 249, Statutes of 2011, makes  








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               battery committed against the person of a search and rescue  
               team member a misdemeanor punishable by a fine not  
               exceeding $2000, by imprisonment in a county jail not  
               exceeding one year, or by both a fine and imprisonment.

             b)   SB 406 (Lieu), Chapter 250, Statutes of 2011, makes  
               battery committed against the person of a security officer  
               or custody assistant a misdemeanor punishable by fine not  
               exceeding $2000, by imprisonment in a county jail not  
               exceeding one year, or by both a fine and imprisonment.

             c)   AB 561 (Carter), Chapter 116, Statutes of 2009, revised  
               the definition of "highway worker" to include a contractor  
               or employee of a contractor while under contract with the  
               California Department of Transportation; an employee of a  
               city, or county, or city and county who performs  
               maintenance, repair, or construction of highways; or local  
               streets and road infrastructure for the purpose of enhanced  
               penalties for assault or battery upon a "highway worker."

             d)   AB 1686 (Leno), Chapter 243, Statutes of 2007, provided  
               that an assault or battery upon a parking control is  
               punishable by up to one year in the county jail; a fine of  
               up to $2,000; or both, and battery with injury upon a  
               parking control officer is punishable by a fine not  
               exceeding $2,000; by imprisonment in a county jail not  
               exceeding one year; by both that fine and imprisonment; or  
               by imprisonment in the state prison for 16 months, 2 or 3  
               years.
           
          REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          Children's Advocacy Institute 
          Service Employees International Union (SEIU of California) 

           Opposition 
           
          None
           

          Analysis Prepared by  :    Gabriel Caswell / PUB. S. / (916)  
          319-3744 









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