Amended in Assembly May 7, 2014

Amended in Assembly February 11, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1432

Introduced by Assembly Member Gatto

(Principal coauthor: Assembly Member Bonilla)

(Coauthors: Assembly Members Dababneh and Dickinson)

January 6, 2014

An act to begin insert repeal Section 44690 of, and to end insert repeal and add Section 44691 of begin insert , end insert the Education Code, and to amend Section 11165.7 of the Penal Code, relating to child abuse reporting.

LEGISLATIVE COUNSEL’S DIGEST

AB 1432, as amended, Gatto. Mandated child abuse reporting: school employees: training.

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.

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, begin insert state special schools and diagnostic centers operated by the State Department of Education, end insert and charter schools, and their school personnel in California, regarding the detection and reporting of child abuse, to provide statewide guidelines on the begin delete reporting requirements for child abuse and the end delete 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.

The bill would begin delete further end delete require school districts, county offices of education, begin insert state special schools and diagnostic centers operated by the State Department of Education, end insert and charter schools to annually train begin delete school personnel end delete begin insert , as appropriate, employees and persons working on their behalf who are mandated reporters end insert on the mandated reporting begin delete of child abuse and neglect, end delete begin insert requirements, end insert 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, begin insert state special school and diagnostic center, end insert or charter school within the first 6 weeks of each school year begin insert or within 6 weeks of employment end insert . By imposing these additional duties on local educational agencies, 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, 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.

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

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

begin insert

begin insert SECTION end insert begin insert 1. end insert   

end insert

begin insert Section 44690 of the end insert begin insert Education Code end insert begin insert is repealed. end insert

begin delete

44690.  

“School personnel” means all persons who work directly
and on a regular basis with pupils, including teachers,
administrators, pupil service employees defined in subdivision (e)
of Section 33150, paraprofessionals and volunteers.

end delete

begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

Section 44691 of the Education Code is repealed.

begin delete SEC. 2. end delete
begin insert SEC. 3. end insert   

Section 44691 is added to the Education Code, to read:

44691.  

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

(1) Develop and disseminate information to all school districts,
county offices of education, begin insert state special schools and diagnostic
centers operated by the department, end insert and charter schools, and their
school personnel in California, regarding the detection and
reporting of child abuse.

(2) Provide statewide guidelines on the begin delete reporting requirements
for child abuse and the end delete responsibilities of mandated reporters in
accordance with the Child Abuse and Neglect Reporting Act
(Article 2.5 (commencing with Section 11164) of Chapter 2 of
Title 1 of Part 4 of the Penal Code). begin insert These guidelines shall include,
but not necessarily be limited to, both of the following: end insert

begin insert

(A) Identification of child abuse and neglect.

end insert begin insert

(B) Reporting requirements for child abuse and neglect.

end insert

(3) 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, including, but not limited to, an online training
module.

(b)  begin delete All school personnel of school end delete begin insert School end insert begin insert end insert districts, county
offices of education, begin insert state special schools and diagnostic centers
operated by the department, end insert and charter schools shall annually
begin delete receive end delete begin insert provide end insert training begin insert , as appropriate, to their employees and
persons working on their behalf who are mandated reporters as
defined in Section 11165.7 of the Penal Code, end insert pursuant to this
section and subdivision (d) of Section 11165.7 of the Penal Code
on the mandated reporting requirements. Mandated reporter training
shall be provided to school personnel hired during the course of
the school year. This training shall include information that failure
to report an incident of known or reasonably suspected child abuse
or neglect, as required by Section 11166 of the Penal Code, is
guilty of a misdemeanor punishable by up to six months
confinement in a county jail, or by a fine of one thousand dollars
($1,000), or by both that imprisonment and fine.

(c) All begin delete school personnel of school districts, county offices of
education, and charter schools end delete begin insert persons required to receive training
pursuant to subdivision (b) end insert shall submit proof of completing the
mandated reporter training required pursuant to subdivision (b) to
the applicable governing board or body of the school district,
county office of education, begin insert state special school and diagnostic
center, end insert or charter school within the first six weeks of each school
year or within six weeks of employment.

begin delete SEC. 3. end delete
begin insert SEC. 4. end insert   

Section 11165.7 of the Penal Code is amended to read:

11165.7.  

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

(1) A teacher.

(2) An instructional aide.

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

(4) A classified employee of a public school.

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

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

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

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

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

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

(11) A Head Start program teacher.

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

(13) A public assistance worker.

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

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

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

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

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

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

(20) A firefighter, except for volunteer firefighters.

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

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

(23) A psychological assistant registered pursuant to Section
2913 of the Business and Professions Code.

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

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

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

(27) A coroner.

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

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

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

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

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

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

(32) A clergy member, as specified in subdivision (d) of Section
11166. As used in this article, “clergy member” means a priest,
minister, rabbi, religious practitioner, or similar functionary of a
church, temple, or recognized denomination or organization.

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

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

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

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

(37) A person providing services to a minor child under Section
12300 or 12300.1 of the Welfare and Institutions Code.

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

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

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

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

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

(43) (A) A commercial computer technician as specified in
subdivision (e) of Section 11166. As used in this article,
“commercial computer technician” means a person who works for
a company that is in the business of repairing, installing, or
otherwise servicing a computer or computer component, including,
but not limited to, a computer part, device, memory storage or
recording mechanism, auxiliary storage recording or memory
capacity, or any other material relating to the operation and
maintenance of a computer or computer network system, for a fee.
An employer who provides an electronic communications service
or a remote computing service to the public shall be deemed to
comply with this article if that employer complies with Section
2258A of Title 18 of the United States Code.

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

(44) Any athletic coach, including, but not limited to, an
assistant coach or a graduate assistant involved in coaching, at
public or private postsecondary educational institutions.

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

(c)  begin delete Employers end delete begin insert Except as provided in subdivision (d), employers end insert begin insert end insert
are strongly encouraged to provide their employees who are
mandated reporters with training in the duties imposed by this
article. This training shall include training in child abuse and
neglect identification and training in child abuse and neglect
reporting. Whether or not employers provide their employees with
training in child abuse and neglect identification and reporting,
the employers shall provide their employees who are mandated
reporters with the statement required pursuant to subdivision (a)
of Section 11166.5.

(d)  begin delete School end delete begin insert Pursuant to Section 44691 of the Education Code,
school end insert begin insert end insert districts, county offices of education, begin insert state special schools
and diagnostic centers operated by the State Department of
Education, end insert and charter schools shall annually train their employees
begin insert and persons working on their behalf end insert specified in subdivision (a)
in the duties of mandated reporters under the child abuse reporting
laws. The training shall include, but not necessarily be limited to,
training in child abuse and neglect identification and child abuse
and neglect begin delete reporting pursuant to Section 44691 of the Education
Code. end delete begin insert reporting. end insert

begin delete

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

end delete begin delete

(f)

end delete

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

begin delete

(g)

end delete

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

begin delete SEC. 4. end delete
begin insert SEC. 5. end insert   

If the Commission on State Mandates determines that
this act contains 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.