BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1623
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          Date of Hearing:  April 22, 2014

                           ASSEMBLY COMMITTEE ON JUDICIARY
                                Bob Wieckowski, Chair
                    AB 1623 (Atkins) - As Amended:  April 21, 2014

                                  PROPOSED CONSENT

           SUBJECT  :  FAMILY JUSTICE CENTERS

           KEY ISSUE  :  SHOULD STATE LAW DEFINE FAMILY JUSTICE CENTERS AND  
          SPECIFY REQUIREMENTS FOR THEIR OPERATION? 

                                      SYNOPSIS

          The Family Justice Center (FJC) model, first developed in  
          California in 2002 in San Diego, establishes a coordinated,  
          single-point-of-access center offering comprehensive services  
          for victims of domestic violence, thereby both reducing the  
          number of locations a victim must visit in order to receive  
          critical services and improving access to those services.  In  
          2011 the Legislature passed SB 557 (Kehoe), Chap. 262, which  
          directed the establishment of four FJCs to assist victims of  
          domestic violence, sexual assault, stalking, cyberstalking,  
          cyberbullying, human trafficking, and elder or dependent adult  
          abuse.  An evaluation of the FJCs, mandated by that bill, found  
          that the centers "successfully served a significant number of  
          survivors and addressed multiple service needs, supporting the  
          need for co-located multi-agency service models."  This bill,  
          sponsored by the National Family Justice Center Alliance, seeks  
          to further improve the operation of FJCs across the state by  
          defining FJCs in state law and defining key aspects of their  
          operations.  It is supported by, among others, the California  
          Coalition Against Sexual Assault and numerous law enforcement  
          groups.  This bill unanimously passed the Assembly Public Safety  
          Committee last month.  It has no known opposition.

           SUMMARY  :  Authorizes the creation of Family Justice Centers  
          (FJCs) to assist victims of domestic violence, sexual assault,  
          elder and dependent adult abuse and human trafficking.   
          Specifically,  this bill  : 

          1)Authorizes a city, county, city and county, or community-based  
            nonprofit organization to establish a FJC to assist victims of  
            domestic violence, sexual assault, elder and dependent adult  








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            abuse, and human trafficking to ensure victims of abuse are  
            able to access all needed services in one location.

          2)Defines "family justice centers" as multiagency,  
            multidisciplinary service centers where public and private  
            agencies assign staff members to provide services to victims  
            of domestic violence, sexual assault, elder and dependent  
            adult abuse, or human trafficking from one location in order  
            to reduce the number of times victims must tell their story,  
            reduce the number of places victims must go to for help, and  
            increase access to services and support for victims and their  
            children.

          3)Provides that staff members at a FJC may be comprised of, but  
            are not limited to, the following: law enforcement personnel;  
            medical personnel; victim-witness program personnel; domestic  
            violence shelter staff; community-based rape crisis, domestic  
            violence, and human trafficking advocates; social service  
            agency staff members; child welfare agency social workers;  
            county health department staff; city or county welfare and  
            public assistance workers; nonprofit agency counseling  
            professionals; civil legal service providers; supervised  
            volunteers from partner agencies; and other professionals  
            providing services.

          4)Provides that nothing in this bill is intended to abrogate  
            existing laws regarding privacy or information sharing.   
            Requires FJC staff to comply with the laws governing their  
            respective professions.

          5)Prevents a FJC from denying services to victims based on  
            criminal history.  Prohibits criminal history searches to be  
            conducted of a victim at a FJC as a condition of receiving  
            services without the victim's written consent, unless the  
            criminal history search is pursuant to a criminal  
            investigation.  Provides that crime victims are not required  
            to participate in the criminal justice system or cooperate  
            with law enforcement in order to receive services at a FJC.

          6)Requires each FJC to consult with specified agencies in  
            partnership with survivors of violence and abuse and their  
            advocates in the operations of the FJC and to establish  
            procedures for the ongoing input and evaluation of the center  
            by survivors of violence and abuse and community-based crime  
            victim service providers and advocates.








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          7)Requires each FJC to develop policies and procedures, in  
            collaboration with local community-based crime victim service  
            providers and local survivors of violence and abuse, to ensure  
            coordinated services are provided to victims and to enhance  
            the safety of victims and professionals at the center who  
            participate in affiliated survivor-centered support or  
            advocacy groups.  Requires each FJC to maintain a formal  
            client feedback, complaint, and input process to address  
            client concerns.

          8)Requires each FJC to maintain a client consent policy and to  
            be in compliance with all state and federal laws protecting  
            confidentiality, as provided.  Requires each FJC to have a  
            designated privacy officer to develop and oversee privacy  
            policies and procedures, as provided.  Provides that at no  
            time shall a victim be required to sign a client consent form  
            to share information in order to access services.  

          9)Requires each FJC to obtain informed, written, reasonably time  
            limited consent before sharing information obtained from the  
            victim with any FJC staff member or partner, except:

             a)   A FJC is not required to obtain consent from the victim  
               before sharing information obtained from the victim with  
               any staff member or agency partner if the person is a  
               mandated reporter, a peace officer, or a member of the  
               prosecution team and is required to report or disclose  
               specific information or incidents.  These people must  
               inform the victim that they may share information obtained  
               from the victim without his or her consent.
             b)   Each FJC is required to inform the victim that  
               information shared with staff members or partner agencies  
               at a FJC may be shared with law enforcement professionals  
               without his or her consent where there is a mandatory duty  
               to report, or the client is a danger to themselves or  
               others.  Each FJC must obtain written acknowledgement that  
               the victim has been informed of this policy.

          10)Provides that a victim's authorization for sharing  
            information within a FJC shall not be construed as a universal  
            waiver of any existing evidentiary privilege that makes  
            confidential any communications or documents between the  
            victim and any service provider.  Prohibits the disclosure to  
            any third party, unless that third-party disclosure is  








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            authorized by the victim, or required by other law or court  
            order.

          11)Provides that an individual staff member, volunteer, or  
            agency that has victim information governed by the provisions  
            of this bill shall not be required to disclose that  
            information unless the victim has authorized the disclosure or  
            it is otherwise required by law or by court order.

          12)Provides that disclosure of information authorized by the  
            victim, made for the purposes of clinical assessment, risk  
            assessment, safety planning, or service delivery, is not a  
            waiver of specified privilege or confidentiality provisions,  
            the lawyer-client privilege, the physician-patient privilege,  
            the psychotherapist-patient privilege, the sexual assault  
            counselor-victim privilege, or the domestic violence  
            counselor-victim privilege.

          13)Requires each FJC to maintain a formal training program with  
            mandatory training for all staff members, volunteers, and  
            agency professionals of at least eight hours per year on  
            subjects including, but not limited to, privileges and  
            confidentiality, information sharing, risk assessment, safety  
            planning, victim advocacy, and high-risk case response.

           EXISTING LAW  :

            1)   Declares, under the California Constitution, that the  
            right to privacy is an inalienable right.  (California  
            Constitution, Article I, Section 1.)

            2)   Requires, under the federal Health Insurance Portability  
            and Accountability Act of 1996, that medical information be  
            kept confidential unless authorized by the patient.  Allows  
            for disclosure to law enforcement personnel for specified  
            purposes.  (Pub. Law 104-191; 45 CFR 160, 164.)

            3)   Allowed, until January 1, 2014, the cities of San Diego  
            and Anaheim, and the counties of Alameda and Sonoma to  
            establish multi-agency, multi-disciplinary FJCs, as defined,  
            to assist victims of domestic violence, officer-involved  
            domestic violence, sexual assault, elder or dependent adult  
            abuse, stalking, cyberstalking, cyberbullying, or human  
            trafficking, as defined and depending on the availability of  
            services, to ensure victims of abuse are able to access all  








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            needed services in one location in order to enhance victim  
            safety, increase offender accountability and improve services  
            to victims.  Requires the National Family Justice Center  
            Alliance, with private funds, to contract with an independent  
            organization to conduct an evaluation and prepare a report on  
            the four pilot FJCs.  (Penal Code Section 13750 et seq.)

            4)   Provides for the establishment of community-based  
            domestic violence victim shelters and services.  (Welfare &  
            Institutions Code Section 18290 et seq.)

            5)   Provides that a victim has a privilege to refuse to  
            disclose, and to prevent another from disclosing, a  
            confidential communication between the victim and a sexual  
            assault counselor, a domestic violence counselor, or a human  
            trafficking caseworker.  (Evidence Code Section 1035 et seq.)

            6)   Provides that child protective services agencies, law  
            enforcement, prosecution, child abuse and domestic violence  
            experts, and community-based organizations serving abused  
            children and victims of domestic violence shall develop, in  
            collaboration with one another, protocols as to how law  
            enforcement and child welfare agencies will cooperate in their  
            response to incidents of domestic violence in homes in which a  
            child resides.  (Penal Code Section 13732.)

            7)   Authorizes a program for interagency domestic violence  
            death review teams.  Allows each organization to share with  
            other members of the team information in its possession  
            concerning the victim.  States that any information shared by  
            an organization with other members of a team is confidential,  
            but permits the disclosure to members of the team of any  
            information deemed confidential, privileged or prohibited from  
            disclosure by any other statute, as specified.  (Penal Code  
            Section 11163.3.)

            8)   Allows the Attorney General to work with various agencies  
            and groups to develop a protocol for the development and  
            implementation of interagency domestic violence death review  
            teams for use by counties, which shall include relevant  
            procedures for both urban and rural counties.  (Penal Code  
            Section 11163.5.)

            9)   Authorizes the Department of Justice, with the  
            cooperation of specified organizations and agencies, to  








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            coordinate and integrate state and local efforts to address  
            fatal child abuse and neglect, and to create a body of  
            information to prevent child abuse.  (Penal Code Section  
            11174.34.)

           FISCAL EFFECT  :  As currently in print this bill is keyed  
          non-fiscal.

           COMMENTS  :  The FJC model was originally developed in San Diego,  
          which opened a center in 2002.  The idea behind the FJC model is  
          to create a coordinated, single-point-of-access center offering  
          comprehensive services for victims of domestic violence, thereby  
          reducing the number of locations a victim must visit in order to  
          receive critical services.  The United States Department of  
          Justice, through its Office on Violence Against Women (OVW), has  
          identified the FJC model as a best practice in the field of  
          domestic violence.  According to the OVW, FJC outcomes include a  
          reduction in the rate of homicide; increased victim safety;  
          improved offender prosecution; reduced fear and anxiety for  
          victims and their children; increased efficiency among service  
          providers through the provision of collaborative services; and  
          increased community support for the provision of services to  
          victims and their children.  (Casey Gwinn and Gael Strack, Hope  
          for Hurting Families:  Creating Family Justice Centers Across  
          America (Volcano Press 2006).)  According to the author, there  
          are currently 17 FJCs in California and another six under  
          development. 

          In 2011, the Legislature enacted a pilot project to establish  
          FJCs in San Diego, Anaheim, and Alameda and Sonoma counties.   
          (SB 557 (Kehoe), Chap. 262, Stats. 2011.)  The two-year pilot  
          project was in place through January 1, 2014 and required an  
          evaluation of the four centers to be reported to the  
          Legislature.  This bill, sponsored by the National Family  
          Justice Center Alliance, sets forth basic operating rules for  
          FJCs in California.  In support of the bill, the author writes:

               Family justice centers are one-stop resource centers that  
               have quickly become a best practice model in California  
               and are now serving over 14,000 victims each year.  This  
               model works by bringing together specialized resources in  
               one location to provide better and more convenient  
               services to victims and their children.  Medical help,  
               advocacy, counseling, law enforcement and other services  
               are available in one location at Family Justice Centers. 








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               This approach reduces the number of places a victim must  
               travel to in order to get help and it also prevents them  
               from having to tell their story over and over again.  For  
               a person who is already facing a traumatic experience,  
               this integrated approach can mean the difference between  
               seeking help and just giving up and accepting the abuse.

               Assembly Bill 1623 will implement the recommendations of  
               the study authorized by SB 557 of 2011, ensure that  
               victim privacy is protected, and that a bright line is  
               maintained between services for the victim and the  
               criminal justice system.  

           Evaluation of the SB 557 Pilots  :  As required by SB 557, the  
          four pilot projects, which were in place through January 1,  
          2014, had to be evaluated.  The evaluation was to include, among  
          other things, subjective and objective measurements of the  
          impacts of co-located multiagency services on victims and their  
          children, barriers to receiving needed services, and any  
          recommended best practices and model protocols.

          The evaluation found that the pilots "successfully served a  
          significant number of survivors and addressed multiple service  
          needs, supporting the need for co-located multi-agency service  
          models."  (EMT Associates, Inc., Final Evaluation Results: Phase  
          II California Family Justice Initiative: Statewide Evaluation 2  
          (July 2013) (FJC Report).)  The FJC Report revealed that  
          domestic violence victims "benefited from a comprehensive  
          service approach that considered the context of a safe and  
          supportive environment, an all-in-one service approach that  
          included the therapeutic and legal needs of survivors, and  
          individualized services that emphasized emotional support and  
          survivors getting the help that they needed.  These benefits  
          combined to form a 'whole system approach' that is greater than  
          the sum of its parts.  The importance of a supportive approach  
          that integrates both legal and therapeutic needs of survivors in  
          a multi-level approach that considers context, process, and  
          individualized services has been identified in the research and  
          was central in these findings."  (Id. at 3.)   

          The evaluation was required to identify barriers and challenges  
          to obtaining assistance and services from FJCs.  The FJC Report  
          found that the biggest barrier to obtaining services from a FJC  
          was the lack of awareness of the FJC itself.  In addition, the  








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          evaluation found that victims had concerns and misinformation  
          about immigration and child welfare issues before coming to the  
          FJC, although not after:  "Survivors concerns included fear of  
          deportation, fear of having children removed, and a lack of  
          awareness of legal services to address immigration and  
          citizenship"  (Id. at 4.)

          The FJC Report made a number of recommendations for FJC  
          operations, mostly regarding improved data collection and  
          reporting, to enable more robust evaluations of FJCs and to  
          further improve service delivery at FJCs.

           Bill Addresses Confidentiality and Privacy Concerns  :  California  
          law provides that confidential communications between victims  
          and sexual assault counselors, domestic violence counselors, and  
          human trafficking caseworkers are privileged communications that  
          may be disclosed upon consent by the victim, or under  
          circumstances where a court orders disclosure of information as  
          relevant evidence for a related criminal proceeding if the court  
          determines that the probative value outweighs the effect on the  
          victim, the counseling relationship and the counseling services.  
           (Evidence Code Section 1035 et seq.)

          Under the federal Health Insurance Portability and  
          Accountability Act of 1996 (HIPAA), medical records and other  
          personal health information are confidential, subject to  
          specified exceptions and procedures.  (Pub. Law 104-191; 45 CFR  
          Pts. 160, 164.)  Under HIPAA, covered entities may disclose  
          protected health information to law enforcement officials for  
          specified law enforcement purposes, such as court orders, to  
          identify suspects or witnesses, to find missing persons,  
          information about a crime victim, notice of death and related  
          matters.

          Family Justice Centers, where law enforcement, domestic violence  
          counselors and even medical personnel are co-located together,  
          raise both privacy and confidentiality issues.  Victims of  
          domestic violence and other victims of crime serviced by FJCs  
          will often provide personal health information or undergo  
          counseling or medical examinations which would fall under  
          medical privacy laws and privilege laws.  To address those  
          concerns, the bill contains a number of provisions designed to  
          both safeguard information and ensure that victims using the FJC  
          understand how their information may be shared between FJC  
          member staff and other FJC professionals.  








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          Each FJC must maintain a client consent policy that is in  
          compliance with all state and federal laws protecting the  
          victim's confidentiality, including, but not limited to,  
          confidentiality of medical, legal, and victim counselor records.  
           A victim must not be required to sign a client consent form to  
          share information in order to access services from the FJC.   
          Under the bill, each FJC must have a designated privacy officer  
          to develop and oversee privacy policies and procedures  
          consistent with state and federal privacy laws and the Fair  
          Information Practice Principles.  The Fair Information Practice  
          Principles are privacy principles established by the U.S.  
          Department of Homeland Security for protecting personal  
          information.    

          The bill also specifically requires each FJC to obtain informed,  
          written, reasonably time limited, consent from a victim before  
          sharing information obtained from that victim with any FJC staff  
          member or partner.  However, a FJC is not required to obtain  
          consent from the victim before sharing information from the  
          victim with a staff member or partner if the person is a  
          mandated reporter, a peace officer, or a member of the  
          prosecution team and is required to report or disclose specific  
          information or incidents.  These individuals, however, must  
          inform the victim that they may share information from the  
          victim without his or her consent.  Additionally, each FJC must  
          inform the victim that information shared with staff members or  
          partner agencies at a FJC may be shared with law enforcement  
          professionals without the victim's consent where there is a  
          mandatory duty to report, or the victim is a danger to  
          themselves or others.  Each FJC must obtain written  
          acknowledgement that the victim has been informed of this  
          policy.

          The bill prohibits the disclosure, to any third party, of any  
          oral or written communication or any document authorized by the  
          victim to be shared for the purposes of enhancing safety and  
          providing more effective and efficient services to the victim,  
          unless that third-party disclosure is authorized by the victim,  
          or required by other state or federal law or by court order.   
          Additionally, disclosure of information authorized by the victim  
          in a FJC, made for the purposes of clinical assessment, risk  
          assessment, safety planning, or service delivery, is not a  
          waiver of specified privileges, including lawyer-client  
          privilege, physician-patient privilege, or domestic violence  








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          counselor-victim privilege.

          Additionally, this bill prohibits searching a victim's criminal  
          history without the written consent of the victim, unless the  
          search is pursuant to an active criminal investigation.  The  
          bill clarifies that crime victims are not required to  
                                                                                      participate in the criminal justice system or cooperate with law  
          enforcement in order to receive counseling, medical care, or  
          other services from the FJC.

          Finally, each FJC is required to maintain a formal mandatory  
          training program for all staff members, volunteers, and agency  
          professionals on, among other things, privilege, confidentiality  
          and information sharing.  

           This Bill Seeks to Encourage Collaboration Between Stakeholders  :  
           The objective of an FJC is to bring all victim services  
          together under one roof to provide enhanced assistance to  
          victims.  In order for those various public and private groups  
          to work together optimally, collaboration and coordination is  
          key.  This bill seeks to enhance that collaboration in two ways.  
           First, each FJC must consult with community-based victims'  
          organizations, as well as the victims themselves and their  
          advocates, in the operations process of the FJCs.  Second, the  
          FJCs must establish procedures for ongoing input, feedback and  
          evaluation of the FJCs by victims, advocates and service  
          providers, along with a complaint process.  These required lines  
          of communication should help improve not only the collaboration  
          among the various stakeholders, but also the services delivered  
          to victims.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support  

          National Family Justice Center Alliance (sponsor)
          Alameda County District Attorney's Office
          Alameda County Family Justice Center
          American Federation of State, County and Municipal Employees,  
          AFL-CIO
          California Coalition Against Sexual Assault
          California Law Enforcement Association of Records Supervisors
          Chief Probation Officers of California
          California Probation, Parole and Correctional Association
          County of San Diego








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          Los Angeles Probation Officers Union, AFSCME, Local 685
          National Association of Social Workers - California Chapter
          Riverside Sheriffs' Association
          Sacramento County District Attorney's Office
          San Diego County District Attorney's Office
          San Diego Family Justice Center VOICES Committee
          San Diego Police Department
          Stanislaus Family Justice Center Foundation

           Opposition

           None on file

           Analysis Prepared by  :  Leora Gershenzon / JUD. / (916) 319-2334