California Legislature—2013–14 Regular Session

Assembly BillNo. 2379


Introduced by Assembly Member Weber

February 21, 2014


An act to amend Sections 827, 15610.55, and 18951 of the Welfare and Institutions Code, relating to public social services.

LEGISLATIVE COUNSEL’S DIGEST

AB 2379, as introduced, Weber. Abuse of dependent adults: multidisciplinary teams.

(1) Existing law generally provides for the confidentiality of information regarding a minor in proceedings in the juvenile court and related court proceedings, and limits access to juvenile case files. Existing law allows only certain individuals to inspect a case file, including, among others, members of children’s multidisciplinary teams, persons, or agencies providing treatment or supervision of the minor.

This bill would additionally authorize access to those otherwise confidential records to members of children’s multidisciplinary teams, persons, or agencies providing treatment or supervision of the adult who was a dependent of the juvenile court.

(2) Under existing law, counties are authorized to establish multidisciplinary personnel teams composed of persons trained in the prevention, identification, management, or treatment of abuse of elderly or dependent adults, that may include, but need not, limited to, specified persons, including social workers with experience or training in prevention of abuse of elderly or dependent adults.

This bill would add child welfare services personnel to the list of specified types of persons who may be included in those multidisciplinary personnel teams.

(3) Under existing law, counties are authorized to establish multidisciplinary personnel teams of persons who are trained in the prevention, identification, management, or treatment of child abuse or neglect cases, who may include, but need not be limited to, specified persons including social workers with experience or training in child abuse prevention, identification, management, or treatment.

This bill would add adult protective services personnel to the list of specified types of persons who may be included in those multidisciplinary personnel teams.

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

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

P2    1

SECTION 1.  

Section 827 of the Welfare and Institutions Code
2 is amended to read:

3

827.  

(a) (1) Except as provided in Section 828, a case file
4may be inspected only by the following:

5(A) Court personnel.

6(B) The district attorney, a city attorney, or city prosecutor
7authorized to prosecute criminal or juvenile cases under state law.

8(C) The minor who is the subject of the proceeding.

9(D) The minor’s parents or guardian.

10(E) The attorneys for the parties, judges, referees, other hearing
11officers, probation officers, and law enforcement officers who are
12actively participating in criminal or juvenile proceedings involving
13the minor.

14(F) The county counsel, city attorney, or any other attorney
15representing the petitioning agency in a dependency action.

16(G) The superintendent or designee of the school district where
17the minor is enrolled or attending school.

18(H) Members of the child protective agencies as defined in
19Section 11165.9 of the Penal Code.

20(I) The State Department of Social Services, to carry out its
21duties pursuant to Division 9 (commencing with Section 10000),
22and Part 5 (commencing with Section 7900) of Division 12, of the
23Family Code to oversee and monitor county child welfare agencies,
24children in foster care or receiving foster care assistance, and
25out-of-state placements, Section 10850.4, and paragraph (2).

P3    1(J) Authorized legal staff or special investigators who are peace
2officers who are employed by, or who are authorized
3representatives of, the State Department of Social Services, as
4necessary to the performance of their duties to inspect, license,
5and investigate community care facilities, and to ensure that the
6standards of care and services provided in those facilities are
7adequate and appropriate and to ascertain compliance with the
8rules and regulations to which the facilities are subject. The
9confidential information shall remain confidential except for
10purposes of inspection, licensing, or investigation pursuant to
11Chapter 3 (commencing with Section 1500) and Chapter 3.4
12(commencing with Section 1596.70) of Division 2 of the Health
13and Safety Code, or a criminal, civil, or administrative proceeding
14in relation thereto. The confidential information may be used by
15the State Department of Social Services in a criminal, civil, or
16administrative proceeding. The confidential information shall be
17available only to the judge or hearing officer and to the parties to
18the case. Names that are confidential shall be listed in attachments
19separate to the general pleadings. The confidential information
20shall be sealed after the conclusion of the criminal, civil, or
21administrative hearings, and may not subsequently be released
22except in accordance with this subdivision. If the confidential
23information does not result in a criminal, civil, or administrative
24proceeding, it shall be sealed after the State Department of Social
25Services decides that no further action will be taken in the matter
26of suspected licensing violations. Except as otherwise provided in
27this subdivision, confidential information in the possession of the
28State Department of Social Services may not contain the name of
29the minor.

30(K) Members of children’s multidisciplinary teams, persons, or
31agencies providing treatment or supervision of the minorbegin insert or an
32adult who was a dependent of the juvenile courtend insert
.

33(L) A judge, commissioner, or other hearing officer assigned
34to a family law case with issues concerning custody or visitation,
35or both, involving the minor, and the following persons, if actively
36participating in the family law case: a family court mediator
37assigned to a case involving the minor pursuant to Article 1
38(commencing with Section 3160) of Chapter 11 of Part 2 of
39Division 8 of the Family Code, a court-appointed evaluator or a
40person conducting a court-connected child custody evaluation,
P4    1investigation, or assessment pursuant to Section 3111 or 3118 of
2the Family Code, and counsel appointed for the minor in the family
3law case pursuant to Section 3150 of the Family Code. Prior to
4allowing counsel appointed for the minor in the family law case
5to inspect the file, the court clerk may require counsel to provide
6a certified copy of the court order appointing him or her as the
7minor’s counsel.

8(M) A court-appointed investigator who is actively participating
9in a guardianship case involving a minor pursuant to Part 2
10(commencing with Section 1500) of Division 4 of the Probate
11Code and acting within the scope of his or her duties in that case.

12(N) A local child support agency for the purpose of establishing
13paternity and establishing and enforcing child support orders.

14(O) Juvenile justice commissions as established under Section
15225. The confidentiality provisions of Section 10850 shall apply
16to a juvenile justice commission and its members.

17(P) Any other person who may be designated by court order of
18the judge of the juvenile court upon filing a petition.

19(2) (A) Notwithstanding any other law and subject to
20subparagraph (A) of paragraph (3), juvenile case files, except those
21relating to matters within the jurisdiction of the court pursuant to
22Section 601 or 602, that pertain to a deceased child who was within
23the jurisdiction of the juvenile court pursuant to Section 300, shall
24be released to the public pursuant to an order by the juvenile court
25after a petition has been filed and interested parties have been
26afforded an opportunity to file an objection. Any information
27relating to another child or which could identify another child,
28except for information about the deceased, shall be redacted from
29the juvenile case file prior to release, unless a specific order is
30made by the juvenile court to the contrary. Except as provided in
31this paragraph, the presiding judge of the juvenile court may issue
32an order prohibiting or limiting access to the juvenile case file, or
33any portion thereof, of a deceased child only upon a showing by
34a preponderance of evidence that release of the juvenile case file
35or any portion thereof is detrimental to the safety, protection, or
36physical or emotional well-being of another child who is directly
37or indirectly connected to the juvenile case that is the subject of
38the petition.

P5    1(B) This paragraph represents a presumption in favor of the
2release of documents when a child is deceased unless the statutory
3reasons for confidentiality are shown to exist.

4(C) If a child whose records are sought has died, and documents
5are sought pursuant to this paragraph, no weighing or balancing
6of the interests of those other than a child is permitted.

7(D) A petition filed under this paragraph shall be served on
8interested parties by the petitioner, if the petitioner is in possession
9of their identity and address, and on the custodian of records. Upon
10receiving a petition, the custodian of records shall serve a copy of
11the request upon all interested parties that have not been served
12by the petitioner or on the interested parties served by the petitioner
13if the custodian of records possesses information, such as a more
14recent address, indicating that the service by the petitioner may
15have been ineffective.

16(E) The custodian of records shall serve the petition within 10
17calendar days of receipt. If any interested party, including the
18custodian of records, objects to the petition, the party shall file and
19serve the objection on the petitioning party no later than 15
20calendar days of service of the petition.

21(F) The petitioning party shall have 10 calendar days to file any
22reply. The juvenile court shall set the matter for hearing no more
23than 60 calendar days from the date the petition is served on the
24custodian of records. The court shall render its decision within 30
25days of the hearing. The matter shall be decided solely upon the
26basis of the petition and supporting exhibits and declarations, if
27any, the objection and any supporting exhibits or declarations, if
28any, and the reply and any supporting declarations or exhibits
29thereto, and argument at hearing. The court may solely upon its
30own motion order the appearance of witnesses. If no objection is
31filed to the petition, the court shall review the petition and issue
32its decision within 10 calendar days of the final day for filing the
33objection. Any order of the court shall be immediately reviewable
34by petition to the appellate court for the issuance of an
35extraordinary writ.

36(3) Access to juvenile case files pertaining to matters within the
37jurisdiction of the juvenile court pursuant to Section 300 shall be
38limited as follows:

39(A) If a juvenile case file, or any portion thereof, is privileged
40or confidential pursuant to any other state law or federal law or
P6    1regulation, the requirements of that state law or federal law or
2regulation prohibiting or limiting release of the juvenile case file
3or any portions thereof shall prevail. Unless a person is listed in
4subparagraphs (A) to (O), inclusive, of paragraph (1) and is entitled
5to access under the other state law or federal law or regulation
6without a court order, all those seeking access, pursuant to other
7authorization, to portions of, or information relating to the contents
8of, juvenile case files protected under another state law or federal
9law or regulation, shall petition the juvenile court. The juvenile
10court may only release the portion of, or information relating to
11the contents of, juvenile case files protected by another state law
12or federal law or regulation if disclosure is not detrimental to the
13safety, protection, or physical or emotional well-being of a child
14who is directly or indirectly connected to the juvenile case that is
15the subject of the petition. This paragraph shall not be construed
16to limit the ability of the juvenile court to carry out its duties in
17conducting juvenile court proceedings.

18(B) Prior to the release of the juvenile case file or any portion
19thereof, the court shall afford due process, including a notice of
20and an opportunity to file an objection to the release of the record
21or report to all interested parties.

22(4) A juvenile case file, any portion thereof, and information
23relating to the content of the juvenile case file, may not be
24disseminated by the receiving agencies to any persons or agencies,
25other than those persons or agencies authorized to receive
26 documents pursuant to this section. Further, a juvenile case file,
27any portion thereof, and information relating to the content of the
28juvenile case file, may not be made as an attachment to any other
29documents without the prior approval of the presiding judge of the
30juvenile court, unless it is used in connection with and in the course
31of a criminal investigation or a proceeding brought to declare a
32person a dependent child or ward of the juvenile court.

33(5) Individuals listed in subparagraphs (A), (B), (C), (D), (E),
34(F), (H), and (I) of paragraph (1) may also receive copies of the
35case file. In these circumstances, the requirements of paragraph
36(4) shall continue to apply to the information received.

37(b) (1) While the Legislature reaffirms its belief that juvenile
38court records, in general, should be confidential, it is the intent of
39the Legislature in enacting this subdivision to provide for a limited
40exception to juvenile court record confidentiality to promote more
P7    1effective communication among juvenile courts, family courts,
2law enforcement agencies, and schools to ensure the rehabilitation
3of juvenile criminal offenders as well as to lessen the potential for
4drug use, violence, other forms of delinquency, and child abuse.

5(2) Notwithstanding subdivision (a), written notice that a minor
6enrolled in a public school, kindergarten to grade 12, inclusive,
7has been found by a court of competent jurisdiction to have
8committed any felony or any misdemeanor involving curfew,
9gambling, alcohol, drugs, tobacco products, carrying of weapons,
10a sex offense listed in Section 290 of the Penal Code, assault or
11battery, larceny, vandalism, or graffiti shall be provided by the
12court, within seven days, to the superintendent of the school district
13of attendance. Written notice shall include only the offense found
14to have been committed by the minor and the disposition of the
15minor’s case. This notice shall be expeditiously transmitted by the
16district superintendent to the principal at the school of attendance.
17The principal shall expeditiously disseminate the information to
18those counselors directly supervising or reporting on the behavior
19or progress of the minor. In addition, the principal shall disseminate
20the information to any teacher or administrator directly supervising
21or reporting on the behavior or progress of the minor whom the
22principal believes needs the information to work with the pupil in
23an appropriate fashion, to avoid being needlessly vulnerable or to
24protect other persons from needless vulnerability.

25Any information received by a teacher, counselor, or
26administrator under this subdivision shall be received in confidence
27for the limited purpose of rehabilitating the minor and protecting
28students and staff, and shall not be further disseminated by the
29teacher, counselor, or administrator, except insofar as
30communication with the juvenile, his or her parents or guardians,
31law enforcement personnel, and the juvenile’s probation officer
32is necessary to effectuate the juvenile’s rehabilitation or to protect
33students and staff.

34An intentional violation of the confidentiality provisions of this
35paragraph is a misdemeanor punishable by a fine not to exceed
36five hundred dollars ($500).

37(3) If a minor is removed from public school as a result of the
38court’s finding described in subdivision (b), the superintendent
39shall maintain the information in a confidential file and shall defer
40transmittal of the information received from the court until the
P8    1minor is returned to public school. If the minor is returned to a
2school district other than the one from which the minor came, the
3parole or probation officer having jurisdiction over the minor shall
4so notify the superintendent of the last district of attendance, who
5shall transmit the notice received from the court to the
6superintendent of the new district of attendance.

7(c) Each probation report filed with the court concerning a minor
8whose record is subject to dissemination pursuant to subdivision
9(b) shall include on the face sheet the school at which the minor
10is currently enrolled. The county superintendent shall provide the
11court with a listing of all of the schools within each school district,
12within the county, along with the name and mailing address of
13each district superintendent.

14(d) Each notice sent by the court pursuant to subdivision (b)
15shall be stamped with the instruction: “Unlawful Dissemination
16Of This Information Is A Misdemeanor.” Any information received
17from the court shall be kept in a separate confidential file at the
18school of attendance and shall be transferred to the minor’s
19subsequent schools of attendance and maintained until the minor
20graduates from high school, is released from juvenile court
21jurisdiction, or reaches the age of 18 years, whichever occurs first.
22After that time the confidential record shall be destroyed. At any
23time after the date by which a record required to be destroyed by
24this section should have been destroyed, the minor or his or her
25parent or guardian shall have the right to make a written request
26to the principal of the school that the minor’s school records be
27reviewed to ensure that the record has been destroyed. Upon
28completion of any requested review and no later than 30 days after
29the request for the review was received, the principal or his or her
30designee shall respond in writing to the written request and either
31shall confirm that the record has been destroyed or, if the record
32has not been destroyed, shall explain why destruction has not yet
33occurred.

34Except as provided in paragraph (2) of subdivision (b), no
35liability shall attach to any person who transmits or fails to transmit
36any notice or information required under subdivision (b).

37(e) For purposes of this section, a “juvenile case file” means a
38petition filed in any juvenile court proceeding, reports of the
39probation officer, and all other documents filed in that case or
40made available to the probation officer in making his or her report,
P9    1or to the judge, referee, or other hearing officer, and thereafter
2retained by the probation officer, judge, referee, or other hearing
3officer.

4

SEC. 2.  

Section 15610.55 of the Welfare and Institutions Code
5 is amended to read:

6

15610.55.  

(a) “Multidisciplinary personnel team” means any
7team of two or more persons who are trained in the prevention,
8identification, management, or treatment of abuse of elderly or
9dependent adults and who are qualified to provide a broad range
10of services related to abuse of elderly or dependent adults.

11(b) A multidisciplinary personnel team may include, but need
12not be limited to, any of the following:

13(1) Psychiatrists, psychologists, or other trained counseling
14personnel.

15(2) Police officers or other law enforcement agents.

16(3) Medical personnel with sufficient training to provide health
17services.

18(4) Social workers with experience or training in prevention of
19abuse of elderly or dependent adults.

20(5) Public guardians.

21(6) The local long-term care ombudsman.

begin insert

22(7) Child welfare services personnel.

end insert
23

SEC. 3.  

Section 18951 of the Welfare and Institutions Code is
24amended to read:

25

18951.  

As used in this chapter:

26(a) “Child” means an individual under 18 years of age.

27(b) “Child services” means services for or on behalf of children,
28and includes the following:

29(1) Protective services.

30(2) Caretaker services.

31(3) Day care services, including dropoff care.

32(4) Homemaker services or family aides.

33(5) Counseling services.

34(c) “Adult services” means services for or on behalf of a parent
35of a child, which shall include, but not be limited to, the following:

36(1) Access to voluntary placement, long or short term.

37(2) Counseling services before and after a crisis.

38(3) Homemaker services or family aides.

39(d) “Multidisciplinary personnel” means any team of three or
40more persons who are trained in the prevention, identification,
P10   1management, or treatment of child abuse or neglect cases and who
2are qualified to provide a broad range of services related to child
3abuse or neglect. The team may include, but need not be limited
4to, any of the following:

5(1) Psychiatrists, psychologists, marriage and family therapists,
6or other trained counseling personnel.

7(2) Police officers or other law enforcement agents.

8(3) Medical personnel with sufficient training to provide health
9services.

10(4) Social workers with experience or training in child abuse
11prevention, identification, management, or treatment.

12(5) A public or private school teacher, administrative officer,
13supervisor of child welfare and attendance, or certificated pupil
14personnel employee.

15(6) A CalWORKs case manager whose primary responsibility
16is to provide cross program case planning and coordination of
17CalWORKs and child welfare services for those mutual cases or
18families that may be eligible for CalWORKs services and that,
19with the informed written consent of the family, receive cross
20program case planning and coordination.

begin insert

21(7) Adult protective services personnel.

end insert

22(e) “Child abuse” as used in this chapter means a situation in
23which a child suffers from any one or more of the following:

24(1) Serious physical injury inflicted upon the child by other than
25accidental means.

26(2) Harm by reason of intentional neglect or malnutrition or
27sexual abuse.

28(3) Going without necessary and basic physical care.

29(4) Willful mental injury, negligent treatment, or maltreatment
30of a child under the age of 18 years by a person who is responsible
31for the child’s welfare under circumstances that indicate that the
32child’s health or welfare is harmed or threatened thereby, as
33determined in accordance with regulations prescribed by the
34Director of Social Services.

35(5) Any condition that results in the violation of the rights or
36physical, mental, or moral welfare of a child or jeopardizes the
37child’s present or future health, opportunity for normal
38development, or capacity for independence.

P11   1(f) “Parent” means any person who exercises care, custody, and
2control of the child as established by law.



O

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