Amended in Assembly February 11, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 1432


Introduced by Assembly Member Gatto

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(Principal coauthor: Assembly Member Bonilla)

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(Coauthors: Assembly Members Dababneh and Dickinson)

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January 6, 2014


begin deleteAn act to add Section 44692 to the Education Code, relating to school employees. end deletebegin insertAn act to repeal and add Section 44691 of the Education Code, and to amend Section 11165.7 of the Penal Code, relating to child abuse reporting.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1432, as amended, Gatto. begin deleteSchool employees: child abuse: reporting. end deletebegin insertMandated child abuse reporting: school employees: training.end insert

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The Child Abuse and Neglect Reporting Act requires a mandated reporter, which includes teachers and other school employees, to report whenever he or she, in his or her professional capacity or within the scope of his or her employment, has knowledge of or observed a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. Existing law requires the State Department of Education to develop staff development seminars and any other appropriate means of instructing school personnel in the detection of child abuse and neglect and the proper action that school personnel should take in suspected cases of child abuse and neglect. Existing law requires school districts that do not train their employees in the duties of mandated reporters under the child abuse reporting laws to report to the State Department of Education the reasons why this training is not provided.

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This bill would require the State Department of Education, in consultation with the Office of Child Abuse Prevention in the State Department of Social Services, to develop and disseminate information to all school districts, county offices of education, and charter schools, and their school personnel in California, regarding the detection and reporting of child abuse, to provide statewide guidelines on the reporting requirements for child abuse and the responsibilities of mandated reporters, and to develop appropriate means of instructing school personnel in the detection of child abuse and neglect and the proper action that school personnel should take in suspected cases of child abuse and neglect.

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The bill would further require school districts, county offices of education, and charter schools to annually train school personnel on the mandated reporting of child abuse and neglect, as specified, and would require these employees to submit proof of completing this training to the applicable governing board or body of the school district, county office of education, or charter school within the first 6 weeks of each school year. By imposing these additional duties on local educational agencies, this bill would impose a state-mandated local program.

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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.

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This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

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Existing law requires the Office of Child Abuse Prevention to develop and disseminate information to all school districts and district school personnel regarding the detection of child abuse. Existing law, the Child Abuse and Neglect Reporting Act, requires mandated reporters, which includes teachers, to make a report if the person has knowledge of or observes a child whom the person knows or reasonably suspects has been the victim of child abuse or neglect.

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This bill would require the Department of Education, in conjunction with the Department of Justice and the Office of Child Abuse Prevention in the State Department of Social Services, to adopt a policy on the reporting requirements for child abuse and the responsibilities of mandated reporters in accordance with the Child Abuse and Neglect Reporting Act. The bill would require school personnel to annually review these mandated reporting requirements using an online format, as specified. The bill would require school personnel to submit proof of completing the review to the applicable governing board or body of this school district, county office of education, or charters school within the first 6 weeks of each school year. By expanding the duties of school districts, county offices of education, and charter schools, the bill would impose a state-mandated local program.

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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.

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This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

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begin insertSECTION 1.end insert  

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begin insertSection 44691 of the end insertbegin insertEducation Codeend insertbegin insert is repealed.end insert

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2

44691.  

The State Office of Child Abuse Prevention shall
3develop and disseminate information to all school districts and
4district school personnel in California regarding the detection of
5child abuse. The information may be disseminated by the use of
6literature, as deemed suitable by the Department of Education.
7Staff development seminars and any other appropriate means of
8instructing school personnel in the detection of child abuse and
9neglect and the proper action that school personnel should take in
10suspected cases of child abuse and neglect, shall be developed by
11the Department of Education.

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12begin insert

begin insertSEC. 2.end insert  

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begin insertSection 44691 is added to the end insertbegin insertEducation Codeend insertbegin insert, to read:end insert

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13

begin insert44691.end insert  

(a) The department, in consultation with the Office of
14Child Abuse Prevention in the State Department of Social Services,
15shall do all of the following:

16(1) Develop and disseminate information to all school districts,
17county offices of education, and charter schools, and their school
18personnel in California, regarding the detection and reporting of
19child abuse.

P4    1(2) Provide statewide guidelines on the reporting requirements
2for child abuse and the responsibilities of mandated reporters in
3accordance with the Child Abuse and Neglect Reporting Act
4(Article 2.5 (commencing with Section 11164) of Chapter 2 of Title
51 of Part 4 of the Penal Code).

6(3) Develop appropriate means of instructing school personnel
7in the detection of child abuse and neglect and the proper action
8that school personnel should take in suspected cases of child abuse
9and neglect, including, but not limited to, an online training
10module.

11(b) All school personnel of school districts, county offices of
12education, and charter schools shall annually receive training
13pursuant to this section and subdivision (d) of Section 11165.7 of
14the Penal Code on the mandated reporting requirements. Mandated
15reporter training shall be provided to school personnel hired
16during the course of the school year. This training shall include
17information that failure to report an incident of known or
18reasonably suspected child abuse or neglect, as required by Section
1911166 of the Penal Code, is guilty of a misdemeanor punishable
20by up to six months confinement in a county jail, or by a fine of
21one thousand dollars ($1,000), or by both that imprisonment and
22fine.

23(c) All school personnel of school districts, county offices of
24education, and charter schools shall submit proof of completing
25the mandated reporter training required pursuant to subdivision
26(b) to the applicable governing board or body of the school district,
27county office of education, or charter school within the first six
28weeks of each school year or within six weeks of employment.

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29begin insert

begin insertSEC. 3.end insert  

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begin insertSection 11165.7 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

30

11165.7.  

(a) As used in this article, “mandated reporter” is
31defined as any of the following:

32(1) A teacher.

33(2) An instructional aide.

34(3) A teacher’s aide or teacher’s assistant employed by a public
35or private school.

36(4) A classified employee of a public school.

37(5) An administrative officer or supervisor of child welfare and
38attendance, or a certificated pupil personnel employee of a public
39or private school.

40(6) An administrator of a public or private day camp.

P5    1(7) An administrator or employee of a public or private youth
2center, youth recreation program, or youth organization.

3(8) An administrator or employee of a public or private
4organization whose duties require direct contact and supervision
5of children.

6(9) An employee of a county office of education or the State
7Department of Education whose duties bring the employee into
8contact with children on a regular basis.

9(10) A licensee, an administrator, or an employee of a licensed
10community care or child day care facility.

11(11) A Head Start program teacher.

12(12) A licensing worker or licensing evaluator employed by a
13licensing agency, as defined in Section 11165.11.

14(13) A public assistance worker.

15(14) An employee of a child care institution, including, but not
16limited to, foster parents, group home personnel, and personnel of
17residential care facilities.

18(15) A social worker, probation officer, or parole officer.

19(16) An employee of a school district police or security
20department.

21(17) A person who is an administrator or presenter of, or a
22counselor in, a child abuse prevention program in a public or
23private school.

24(18) A district attorney investigator, inspector, or local child
25support agency caseworker, unless the investigator, inspector, or
26caseworker is working with an attorney appointed pursuant to
27Section 317 of the Welfare and Institutions Code to represent a
28minor.

29(19) A peace officer, as defined in Chapter 4.5 (commencing
30with Section 830) of Title 3 of Part 2, who is not otherwise
31described in this section.

32(20) A firefighter, except for volunteer firefighters.

33(21) A physician and surgeon, psychiatrist, psychologist, dentist,
34resident, intern, podiatrist, chiropractor, licensed nurse, dental
35hygienist, optometrist, marriage and family therapist, clinical social
36worker, professional clinical counselor, or any other person who
37is currently licensed under Division 2 (commencing with Section
38500) of the Business and Professions Code.

P6    1(22) An emergency medical technician I or II, paramedic, or
2other person certified pursuant to Division 2.5 (commencing with
3Section 1797) of the Health and Safety Code.

4(23) A psychological assistant registered pursuant to Section
52913 of the Business and Professions Code.

6(24) A marriage and family therapist trainee, as defined in
7subdivision (c) of Section 4980.03 of the Business and Professions
8Code.

9(25) An unlicensed marriage and family therapist intern
10registered under Section 4980.44 of the Business and Professions
11Code.

12(26) A state or county public health employee who treats a minor
13for venereal disease or any other condition.

14(27) A coroner.

15(28) A medical examiner or other person who performs
16autopsies.

17(29) A commercial film and photographic print or image
18processor as specified in subdivision (e) of Section 11166. As used
19in this article, “commercial film and photographic print or image
20processor” means a person who develops exposed photographic
21film into negatives, slides, or prints, or who makes prints from
22negatives or slides, or who prepares, publishes, produces, develops,
23duplicates, or prints any representation of information, data, or an
24image, including, but not limited to, any film, filmstrip, photograph,
25negative, slide, photocopy, videotape, video laser disc, computer
26hardware, computer software, computer floppy disk, data storage
27medium, CD-ROM, computer-generated equipment, or
28computer-generated image, for compensation. The term includes
29any employee of that person; it does not include a person who
30develops film or makes prints or images for a public agency.

31(30) A child visitation monitor. As used in this article, “child
32visitation monitor” means a person who, for financial
33compensation, acts as a monitor of a visit between a child and
34another person when the monitoring of that visit has been ordered
35by a court of law.

36(31) An animal control officer or humane society officer. For
37the purposes of this article, the following terms have the following
38meanings:

P7    1(A) “Animal control officer” means a person employed by a
2city, county, or city and county for the purpose of enforcing animal
3control laws or regulations.

4(B) “Humane society officer” means a person appointed or
5employed by a public or private entity as a humane officer who is
6qualified pursuant to Section 14502 or 14503 of the Corporations
7Code.

8(32) A clergy member, as specified in subdivision (d) of Section
911166. As used in this article, “clergy member” means a priest,
10minister, rabbi, religious practitioner, or similar functionary of a
11church, temple, or recognized denomination or organization.

12(33) Any custodian of records of a clergy member, as specified
13in this section and subdivision (d) of Section 11166.

14(34) An employee of any police department, county sheriff’s
15department, county probation department, or county welfare
16department.

17(35) An employee or volunteer of a Court Appointed Special
18Advocate program, as defined in Rule 5.655 of the California Rules
19of Court.

20(36) A custodial officer, as defined in Section 831.5.

21(37) A person providing services to a minor child under Section
2212300 or 12300.1 of the Welfare and Institutions Code.

23(38) An alcohol and drug counselor. As used in this article, an
24“alcohol and drug counselor” is a person providing counseling,
25therapy, or other clinical services for a state licensed or certified
26drug, alcohol, or drug and alcohol treatment program. However,
27alcohol or drug abuse, or both alcohol and drug abuse, is not, in
28and of itself, a sufficient basis for reporting child abuse or neglect.

29(39) A clinical counselor trainee, as defined in subdivision (g)
30of Section 4999.12 of the Business and Professions Code.

31(40) A clinical counselor intern registered under Section 4999.42
32of the Business and Professions Code.

33(41) An employee or administrator of a public or private
34postsecondarybegin insert educationalend insert institution, whose duties bring the
35administrator or employee into contact with children on a regular
36basis, or who supervises those whose duties bring the administrator
37or employee into contact with children on a regular basis, as to
38child abuse or neglect occurring on that institution’s premises or
39at an official activity of, or program conducted by, the institution.
40Nothing in this paragraph shall be construed as altering the
P8    1lawyer-client privilege as set forth in Article 3 (commencing with
2Section 950) of Chapter 4 of Division 8 of the Evidence Code.

3(42) An athletic coach, athletic administrator, or athletic director
4employed by any public or private school that provides any
5combination of instruction for kindergarten, or grades 1 to 12,
6inclusive.

7(43) (A) A commercial computer technician as specified in
8subdivision (e) of Section 11166. As used in this article,
9“commercial computer technician” means a person who works for
10a company that is in the business of repairing, installing, or
11otherwise servicing a computer or computer component, including,
12but not limited to, a computer part, device, memory storage or
13recording mechanism, auxiliary storage recording or memory
14capacity, or any other material relating to the operation and
15maintenance of a computer or computer network system, for a fee.
16An employer who provides an electronic communications service
17or a remote computing service to the public shall be deemed to
18comply with this article if that employer complies with Section
192258A of Title 18 of the United States Code.

20(B) An employer of a commercial computer technician may
21implement internal procedures for facilitating reporting consistent
22with this article. These procedures may direct employees who are
23mandated reporters under this paragraph to report materials
24described in subdivision (e) of Section 11166 to an employee who
25is designated by the employer to receive the reports. An employee
26who is designated to receive reports under this subparagraph shall
27be a commercial computer technician for purposes of this article.
28A commercial computer technician who makes a report to the
29designated employee pursuant to this subparagraph shall be deemed
30to have complied with the requirements of this article and shall be
31subject to the protections afforded to mandated reporters, including,
32but not limited to, those protections afforded by Section 11172.

33(44) Any athletic coach, including, but not limited to, an
34assistant coach or a graduate assistant involved in coaching, at
35public or private postsecondarybegin insert educationalend insert institutions.

36(b) Except as provided in paragraph (35) of subdivision (a),
37volunteers of public or private organizations whose duties require
38direct contact with and supervision of children are not mandated
39reporters but are encouraged to obtain training in the identification
40and reporting of child abuse and neglect and are further encouraged
P9    1to report known or suspected instances of child abuse or neglect
2to an agency specified in Section 11165.9.

3(c) Employers are strongly encouraged to provide their
4employees who are mandated reporters with training in the duties
5imposed by this article. This training shall include training in child
6abuse and neglect identification and training in child abuse and
7neglect reporting. Whether or not employers provide their
8employees with training in child abuse and neglect identification
9and reporting, the employers shall provide their employees who
10are mandated reporters with the statement required pursuant to
11subdivision (a) of Section 11166.5.

12(d) Schoolbegin delete districts that do notend deletebegin insert districts, county offices of
13education, and charter schools shall annuallyend insert
train their employees
14specified in subdivision (a) in the duties of mandated reporters
15under the child abuse reporting lawsbegin delete shall report to the State
16Department of Education the reasons why this training is not
17providedend delete
.begin insert The training shall include, but not necessarily be limited
18to, training in child abuse and neglect identification and child
19abuse and neglect reporting pursuant to Section 44691 of the
20Education Code.end insert

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21(e) School districts, county offices of education, and charter
22schools that do not train their employees specified in subdivision
23(a) in the duties of mandated reporters under the child abuse
24reporting laws shall report to the State Department of Education
25the reasons why this training is not provided.

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26(e)

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27begin insert(f)end insert Unless otherwise specifically provided, the absence of
28training shall not excuse a mandated reporter from the duties
29imposed by this article.

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30(f)

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31begin insert(g)end insert Public and private organizations are encouraged to provide
32their volunteers whose duties require direct contact with and
33supervision of children with training in the identification and
34reporting of child abuse and neglect.

35begin insert

begin insertSEC. 4.end insert  

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If the Commission on State Mandates determines that
36this act contains costs mandated by the state, reimbursement to
37local agencies and school districts for those costs shall be made
38pursuant to Part 7 (commencing with Section 17500) of Division
394 of Title 2 of the Government Code.

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SECTION 1.  

Section 44692 is added to the Education Code, to
2read:

3

44692.  

(a) The Department of Education shall, in consultation
4with the Department of Justice and the Office of Child Abuse
5Prevention in the State Department of Social Services, adopt a
6policy on the reporting requirements for child abuse and the
7responsibilities of mandated reporters in accordance with the Child
8Abuse and Neglect Reporting Act (Article 2.5 (commencing with
9Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code).

10(b) All school personnel shall annually review the mandated
11reporting requirements described in subdivision (a) by using an
12online format established by the Department of Education.

13(c) All school personnel shall submit proof of completing the
14review required pursuant to subdivision (b) to the applicable
15governing board or body of the school district, county office of
16education, or charter school within the first six weeks of each
17school year.

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18

SEC. 2.  

If the Commission on State Mandates determines that
19this act contains costs mandated by the state, reimbursement to
20local agencies and school districts for those costs shall be made
21pursuant to Part 7 (commencing with Section 17500) of Division
224 of Title 2 of the Government Code.

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