BILL ANALYSIS Ó
AB 921
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ASSEMBLY THIRD READING
AB 921 (Jones-Sawyer)
As Amended May 2, 2013
Majority vote
PUBLIC SAFETY 5-2 APPROPRIATIONS 12-5
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|Ayes:|Ammiano, Jones-Sawyer, |Ayes:|Gatto, Bocanegra, |
| |Mitchell, Quirk, Skinner | |Bradford, |
| | | |Ian Calderon, Campos, |
| | | |Eggman, Gomez, Hall, |
| | | |Rendon, Pan, Quirk, Weber |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Melendez, Waldron |Nays:|Harkey, Bigelow, |
| | | |Donnelly, Linder, Wagner |
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SUMMARY : Increases the misdemeanor punishment for simple
assault and simple battery of a county child welfare social
worker from up to six 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 six 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.
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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
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.
EXISTING LAW :
1)Defines an "assault" as an unlawful attempt, coupled with a
present ability, to commit a violent injury on the person of
another.
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.
3)Proscribes that when an assault is committed against the
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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 fine not exceeding $2,000, by imprisonment in the county
jail not exceeding six months, or by both fine and
imprisonment.
4)Defines "battery" as any willful and unlawful use of force or
violence upon the person of another.
FISCAL EFFECT : According to the Assembly Appropriations
Committee:
1)Costs to include feedback from social workers in county Child
and Family Services Reviews (CFSR) should be minor and
absorbable within existing county resources.
2)Minor nonreimbursable local law enforcement costs, offset to a
degree by increased fine revenue.
COMMENTS : 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 Child Welfare
Social systemic reform discussions and in county planning
documents."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744 FN:
0000633
AB 921
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