BILL ANALYSIS Ó
AB 921
Page 1
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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