BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1432
                                                                  Page  1

          Date of Hearing:   April 29, 2014
          Chief Counsel:      Gregory Pagan
           

                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY
                                 Tom Ammiano, Chair

                   AB 1432 (Gatto) - As Amended:  February 11, 2014
                       As Proposed to be Amended in Committee


           SUMMARY  :   Requires annual training in the identification of,  
          and reporting of, known or suspected child abuse and neglect by  
          all school district, county office of education (COE), state  
          special schools, and diagnostic centers operated by the  
          California Department of Education (CDE), and charter school  
          personnel within the first six weeks of each school year, or  
          within six weeks of employment. Specifically,  this bill  :  

          1)Deletes the requirement for the State Office of Child Abuse  
            Prevention to develop and disseminate information to all  
            school districts and district school personnel in California  
            regarding the detection of child abuse; deletes the  
            authorization for the information to be disseminated by the  
            use of literature, as deemed suitable by CDE, and deletes the  
            requirement for the CDE 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, and deletes the definition  
            of "school personnel".

          2)Requires CDE, in consultation with the Office of Child Abuse  
            Prevention in the Department of Social Services, to do all of  
            the following:

             a)   Develop and disseminate information to all school  
               districts, COEs, state special schools and diagnostic  
               centers operated by CDE, and charter schools, and their  
               school personnel in California, regarding the detection and  
               reporting of child abuse;

             b)   Provide statewide guidelines on the identification and  
               reporting requirements for child abuse and neglect, and the  
               responsibilities of mandated reporters in accordance with  








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               the Child Abuse and Neglect Reporting Act (CANRA); and,

             c)   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.

          3)Requires school districts, COEs, state special schools and  
            diagnostic centers operated by CDE, and charter schools to  
            annually provide training, as appropriate, to their employees  
            and persons working on their behalf, who are mandated  
            reporters, on the mandated reporting requirements; requires  
            mandated reporter training to be provided to school personnel  
            hired during the course of the school year; and, requires the  
            training to include information on child abuse and neglect  
            identification and child abuse and neglect reporting and that  
            failure to report an incident of known or reasonably suspected  
            child abuse or neglect, 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.


          4)States that all persons required to receive training, as  
            specified, shall submit proof of completing the mandated  
            reporter training required to the applicable governing board  
            or body of the school district, COE, state special school and  
            diagnostic center, or charter school within the first six  
            weeks of each school year or within six weeks of employment.

          5)Requires school districts, COEs, state special schools, and  
            diagnostic centers operated by the CDE, and charter schools to  
            annually train their employees and persons working on their  
            behalf in the duties of mandated reporters under the CANRA.  
            The training shall include, but not necessarily be limited to,  
            training in child abuse and neglect identification and child  
            abuse and neglect reporting.

           EXISTING LAW  :

          1)Defines "mandated reporter" under CANRA as any of the  
            following: a teacher; an instructional aide; a teacher's aide  
            or teacher's assistant employed by any public or private  
            school; a classified employee of any public school; an  








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            administrative officer or supervisor of child welfare and  
            attendance, or a certificated pupil personnel employee of any  
            public or private school; an administrator of a public or  
            private day camp; an administrator or employee of a public or  
            private youth center, youth recreation program, or youth  
            organization; an administrator or employee of a public or  
            private organization whose duties require direct contact and  
            supervision of children; any 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; a licensee, an administrator, or an employee of a  
            licensed community care or child day care facility; a Head  
            Start program teacher; a licensing worker or licensing  
            evaluator employed by a licensing agency as defined; a public  
            assistance worker; an employee of a child care institution,  
            including, but not limited to, foster parents, group home  
            personnel, and personnel of residential care facilities; a  
            social worker, probation officer, or parole officer; an  
            employee of a school district police or security department;  
            any person who is an administrator or presenter of, or a  
            counselor in, a child abuse prevention program in any public  
            or private school; a district attorney investigator,  
            inspector, or local child support agency caseworker unless the  
            investigator, inspector, or caseworker is working with an  
            attorney appointed to represent a minor; a peace officer, as  
            defined, who is not otherwise described in this section; a  
            firefighter, except for volunteer firefighters; 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 as a health care  
            professional as specified; any emergency medical technician I  
            or II, paramedic, or other person certified to provide  
            emergency medical services; a registered psychological  
            assistant; a marriage and family therapist trainee, as  
            defined; a registered unlicensed marriage and family therapist  
            intern; a state or county public health employee who treats a  
            minor for venereal disease or any other condition; a coroner;  
            a medical examiner, or any other person who performs  
            autopsies; a commercial film and photographic print processor,  
            as defined; a child visitation monitor, as defined; an animal  
            control officer or humane society officer, as defined; a  
            clergy member, as defined; any custodian of records of a  
            clergy member, as specified; any employee of any police  








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            department, county sheriff's department, county probation  
            department, or county welfare department; an employee or  
            volunteer of a Court Appointed Special Advocate program, as  
            defined; any custodial officer, as defined; any person  
            providing services to a minor child, as specified; an alcohol  
            and drug counselor, as defined; a clinical counselor trainee,  
            as defined; and a registered clinical counselor intern.  (Pen.  
            Code, § 11165.7 subd. (a).)

          2)Provides that when two or more persons, who are required to  
            report, jointly have knowledge of a known or suspected  
            instance of child abuse or neglect, and when there is  
            agreement among them, the telephone report may be made by a  
            member of the team selected by mutual agreement and a single  
            report may be made and signed by the selected member of the  
            reporting team. Any member who has knowledge that the member  
            designated to report has failed to do so shall thereafter make  
            the report.  (Pen. Code, § 11166, subd. (h).)  

          3)Provides that volunteers of public or private organizations,  
            except a volunteer of a Court Appointed Special Advocate  
            program, 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 a specified agency.  (Pen. Code, §  
            11165.7, subd. (b).)

          4)Strongly encourages employers to provide their employees who  
            are mandated reporters with training in the duties imposed by  
            CANRA.  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 a statement  
            that informs the employee that he or she is a mandated  
            reporter and informs the employee of his or her reporting  
            obligations and of his or her confidentiality rights.  (Pen.   
            Code, § 11165.7, subd. (c).)

          5)Encourages public and private organizations to provide their  
            volunteers whose duties require direct contact with and  
            supervision of children with training in the identification  








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            and reporting of child abuse and neglect.  (Pen. Code, §  
            11165.7, subd. (f).)

          6)Requires a mandated reporter to make a report to a specified  
            agency whenever the mandated reporter, in his or her  
            professional capacity or within the scope of his or her  
            employment, has knowledge of or observes a child whom the  
            mandated reporter knows or reasonably suspects has been the  
            victim of child abuse or neglect.  The mandated reporter shall  
            make an initial report to the agency immediately or as soon as  
            is practicably possible by telephone and the mandated reporter  
            shall prepare and send, fax, or electronically transmit a  
            written follow-up report thereof within 36 hours of receiving  
            the information concerning the incident.  The mandated  
            reporter may include with the report any nonprivileged  
            documentary evidence the mandated reporter possesses relating  
            to the incident.  (Pen. Code, § 11166, subd. (a).)

          7)Any mandated reporter who fails to report an incident of known  
            or reasonably suspected child abuse or neglect as required by  
            this section 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.  If a mandated reporter intentionally conceals his or  
            her failure to report an incident known by the mandated  
            reporter to be abuse or severe neglect under this section, the  
            failure to report is a continuing offense until a specified  
            agency discovers the offense. (Pen. Code, § 11166, subd. (c).)



          8)Defines "child" under CANRA to mean person under the age of 18  
            years.  (Pen. Code, § 11165.)

          9)Defines "child abuse or neglect" under CANRA to include  
            physical injury or death inflicted by other than accidental  
            means upon a child by another person, sexual abuse as defined,  
            neglect as defined, the willful harming or injuring of a child  
            or the endangering of the person or health of a child as  
            defined, and unlawful corporal punishment or injury as  
            defined.  "Child abuse or neglect" does not include a mutual  
            affray between minors.  "Child abuse or neglect" does not  
            include an injury caused by reasonable and necessary force  
            used by a peace officer acting within the course and scope of  
            his or her employment as a peace officer.  (Pen. Code, §  








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            11165.6.)

          10)Requires any person who reasonably believes that he or she  
            has observed the commission of any of the following offenses  
            where the victim is a child under the age of 14 years shall  
            notify a peace officer:

             a)   Murder;

             b)   Rape; and,

             c)   Any lewd or lascivious act upon or with the body, or any  
               part or member thereof, of a child with the intent of  
               arousing, appealing to, or gratifying the lust, passions,  
               or sexual desires of that person or the child by use of  
               force, violence, duress, menace, or fear of immediate and  
               unlawful bodily injury on the victim or another person.   
               (Pen. Code, § 152.3, subd. (a).)

          11)States that the failure to notify as required pursuant to the  
            provisions above is a misdemeanor and is punishable by a fine  
            of not more than $1,500, by imprisonment in a county jail for  
            not more than six months, or by both that fine and  
            imprisonment.  (Pen. Code, § 152.3, subd. (c).)

          12)Excludes from the reporting requirements above the following:

             a)   A person who is related to either the victim or the  
               offender, including a husband, wife, parent, child,  
               brother, sister, grandparent, grandchild, or other person  
               related by consanguinity or affinity;

             b)   A person who fails to report based on a reasonable  
               mistake of fact; and,

             c)   A person who fails to report based on a reasonable fear  
               for his or her own safety or for the safety of his or her  
               family.  (Pen. Code, § 152.3, subd. (e).)

           FISCAL EFFECT  :  Unknown




           COMMENTS  : 








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           1)Author's Statement  :  According to the author, "In recent  
            years, there has been an alarming increase in incidents of  
            unreported child abuse where one or more additional school  
            employees were aware of the incident- illustrating gaping  
            holes in these mandated reporters' knowledge of CANRA's. In  
            the Redwood City School District, a teacher was arrested in  
            the abuse of two five-year-old special needs students. In the  
            wake of this horrible incident, five staff members were fired  
            for failing to report the abuse despite their knowledge of it.  


            "In the Brentwood Union School District, eleven employees knew  
            but failed to tell authorities about an incident in which a  
            special education teacher, who had already been convicted of  
            child abuse, kicked an autistic student. The incident resulted  
            in a $950,000 settlement to the student's family. Although  
            district documents in the Brentwood case illustrate that  
            school officials conducted an internal investigation into the  
            incident, parents ultimately reported the incident to police.

            "Despite CANRA's clear reporting requirements, school  
            districts are merely 'encouraged' rather than required to  
            provide employees who qualify as mandated reporters with  
            training on either abuse identification or abuse reporting.  
            The absence of training is a failure of our system that leaves  
            millions of students at risk every single day."

           2)Prior Legislation:
           
             a)   AB 1435 (Dickinson, Chapter 520, Statutes of 2012, added  
               athletic coaches, athletic administrators, and athletic  
               directors employed by any public or private school that  
               provides any combination of instruction for Kindergarten,  
               or Grades 1 to 12, inclusive, to the list of individuals  
               who are mandated reporters under CANRA.

             b)   AB 1713 (Campos), Chapter 517, Statutes of 2012, made  
               "image processors" mandated reporters under  CANRA and  
               expanded the list of media subject to CANRA provisions.

             c)   AB 1817 (Atkins), Chapter 521, Statutes of 2012, made  
               "commercial computer technicians" mandated reporters of  
               suspected child abuse and neglect for the purpose CANRA.









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             d)   SB 1264 (Vargas), Chapter 518, Statutes of 2012, added  
               any athletic coach, including, but not limited to, an  
               assistant coach or a graduate assistant involved in  
               coaching, at public or private postsecondary institutions,  
               to the list of individuals who are mandated reporters under  
               CANRA. 

             e)   AB 2380 (Lowenthal), Chapter 123, Statutes of 2010,  
               clarified that a "reasonable suspicion" that a child has  
               been a victim of child abuse or neglect does not require  
               certainty that a child has been abused, and may be based on  
               credible information from other individuals.

             f)   AB 673 (Hayashi), Chapter 393, Statutes of 2007, added  
               death by other than accidental means to the definition of  
               "child abuse and neglect," and clarified that a mandated  
               reporter not acting in his or her private capacity or in  
               the course and scope of his or her employment may report  
               instances of known or suspected child abuse.

             g)   AB 525 (Chu), Chapter 701, Statutes of 2006, expanded  
               the definition of "child abuse and neglect" to include  
               instances in which a child suffers or is at substantial  
               risk of suffering serious emotional damage.

             h)   AB 1241 (Rod Pacheco), Chapter 916, Statutes of 2000,  
               expanded the list of mandated reporters and training  
               requirements under CANRA, and required that specified  
               additional information be included in a report of suspected  
               abuse or neglect.

             i)   SB 646 (Watson), Chapter 1444, Statutes of 1987,  
               established CANRA, which requires specified persons who  
               have knowledge of or observe a child in their professional  
               capacity or within the scope of their employment, whom the  
               person knows or reasonably suspects has been the victim of  
               child abuse to report the known or suspected instance of  
               child abuse to a child protective agency, as defined.  

           REGISTERED SUPPORT / OPPOSITION :   

           Support 
           
          California State PTA
          California State Superintendent of Public Instruction








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          California Teachers Association
          Child Abuse Prevention Center
          Keenan and Associates
          Los Angeles Unified School District
          CALICO
          California School Employees Association, AFL-CIO
          California Federation of Teachers
          California Police Chiefs Association
          Schools Association for Excess Risk JPA
          Statewide Association of Community Colleges
          Regional Liability Excess Fund
          California Catholic Conference of Bishops
          EdVoice
          CSAC Excess Insurance Authority
          National Association of Social Workers
          United Teachers Los Angeles

           Opposition 
           
          None
           
          Analysis Prepared by  :    Gregory Pagan / PUB. S. / (916)  
          319-3744