AB 336, as introduced, Waldron. Child welfare services: investigations.
Existing law requires the state, through the Department of Social Services and county welfare departments, to establish and support a public system of statewide child welfare services to be available in each county of the state. All counties are required to establish and maintain specialized organizational entities within the county welfare department that have the sole responsibility for the operation of the child welfare services program. The Legislature has declared its intent, in providing for this statewide system of child welfare services, that all children are entitled to be safe and free from abuse and neglect.
This bill would expressly authorize a parent or legal guardian to make a video or audio recording of his or her interview or interactions with a county child protective services social worker who is investigating allegations of parental abuse or neglect. This bill would require such a county child protective services social worker to inform a parent or legal guardian, in writing, that the parent or legal guardian may make a video or audio recording of his or her interview or interactions with a county child protective services social worker. This bill would also require that a copy of the written notification be signed by the parent or legal guardian and returned to the county child protective services social worker to acknowledge receipt of the written notification.
This bill would require a higher level of service by requiring a county child protective services social worker to provide notice to parents or legal guardians, and would thereby create 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:
Section 16501.9 is added to the Welfare and
2Institutions Code, to read:
(a) (1) A parent or legal guardian may make a video
4or audio recording of his or her interview or interactions with a
5county child protective services social worker who is investigating
6allegations of parental abuse or neglect.
7(2) The Legislature finds and declares that nothing in existing
8law prevents a parent or legal guardian from making a video or
9audio recording of his or her interview or interactions with a county
10child protective services social worker.
11(b) A county child protective services social worker’s
12participation in an investigation of parental abuse or neglect shall
13be deemed consent to video or audio recording pursuant to
14subdivision
(a).
15(c) A county child protective services social worker, assigned
16to a role performing duties that include assuming the custody of
17children or conducting interviews of a child or his or her parent in
18order to investigate allegations of parental abuse or neglect, shall
19provide notification to a parent or a legal guardian undergoing
20investigation of parental abuse or neglect, in writing, that the parent
21or legal guardian may make a video or audio recording of his or
P3 1her interview or interactions with a county child protective services
2social worker.
3(d) A copy of the written notification shall be signed by the
4parent or legal guardian and returned to the county child protective
5services social worker to acknowledge receipt of the written
6notification.
If the Commission on State Mandates determines that
8this act contains costs mandated by the state, reimbursement to
9local agencies and school districts for those costs shall be made
10pursuant to Part 7 (commencing with Section 17500) of Division
114 of Title 2 of the Government Code.
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