Amended in Senate May 11, 2016

Amended in Assembly January 14, 2016

Amended in Assembly January 4, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 1001

Introduced by Assembly Member Maienschein

(Coauthors: Assembly Members begin delete Chávez and Gallagher end delete begin insert Baker, Calderon, Chá end insert begin insert vez, Cooley, Gallagher, Grove, Hadley, and Olsen end insert )

begin delete

(Coauthor: Senator Anderson)

end delete begin insert

(Coauthors: Senators Anderson, Bates, Cannella, and Runner)

end insert

February 26, 2015

An act to amend Section 1558 of, and to add Section 1556.5 to, the Health and Safety Code, begin insert to amend Sections 11165.7 and 11166 end insert begin insert of the Penal Code, end insert and to amend Section 10605.5 of the Welfare and Institutions Code, relating to child abuse.

LEGISLATIVE COUNSEL’S DIGEST

AB 1001, as amended, Maienschein. Child abuse: reporting: foster family agencies.

(1) The Child Abuse and Neglect Reporting Act requires a mandated reporter, as begin delete defined, end delete begin insert defined and including an administrator or employee of a public or private organization whose duties require direct contact and supervision of children, end insert 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. Under existing law, the failure to make this report is a crime. Existing law also prohibits a supervisor or administrator from impeding or inhibiting the reporting duties, provides that a person making the report shall not be subject to any sanctions for making the report, and prohibits internal procedures to facilitate reporting from requiring any employee required to make reports to disclose his or her identity to the employer.

Existing law, the California Community Care Facilities Act (the act), governs the licensing and regulation of community care facilities, as defined, including foster family agencies for children. Existing law vests responsibility for administering and enforcing laws and regulations governing those facilities in the State Department of Social Services. Existing law authorizes the department to prohibit a person from being a member of the board of directors, an executive director, or an officer of a licensee, or a licensee from employing, or continuing the employment of, or allowing in a licensed facility or certified family home, or allowing contact with clients of a licensed facility or certified family home by, any employee, prospective employee, or person who is not a client who has committed various acts or has been denied an exemption to work or to be present in a facility or certified family home, as specified.

This bill would begin insert expand the definition of mandated report to include a board member of a public or private organization whose duties require direct contact and supervision of children, including a foster family agency. By imposing the reporting requirements on a new class of persons, for whom failure to report specified conduct is a crime, this bill would impose a state-mandated local program. The bill would also end insert require that if the department, as a condition of licensure, requires the chief executive officer or other authorized member of the board of directors and the administrator of a foster family agency to attend an orientation begin delete give end delete begin insert given end insert by the licensing agency that outlines the applicable rules and regulations for operation of a foster family agency, then that orientation shall include a description of policies, procedures, or practices, that violate the provisions described above governing mandated reporters. The bill would also require the department to take reasonable action, including, among other things, prohibiting a person from being a member of the board of directors, upon a finding of a violation of the provisions described above governing mandated reporters.

(2) Existing law requires the department, in consultation with counties and labor organizations, to establish a process to receive voluntary disclosures from social workers, if a social worker has reasonable cause to believe that a policy, procedure, or practice, related to the provision of child welfare services by a county child welfare agency, meets any of specified conditions, including that the policy, procedure, or practice endangers the health or well-being of children or is contrary to an existing statute or regulation. Existing law requires the department to make available to counties and labor organizations a description of the process established, and, no later than January 1, 2018, to report to the Legislature the total number of relevant disclosures received from social workers and a summary description of both the issues raised in the disclosures received and the actions taken by the department in response to the disclosures, and to post the information on the department’s Internet Web site.

This bill would, effective January 1, 2018, require the department to carry out the duties imposed pursuant to these provisions with respect to voluntary disclosures from social workers employed at a foster family agency, as defined, including, but not limited to, disclosures from social workers who have reasonable cause to believe that a policy, procedure, or practice violates the provisions governing mandated reporters described in paragraph (1). The bill would require the department to make a report regarding this information, similar to the report required pursuant to existing law, no later than July 1, 2019, and to post the information on its Internet Web site.

begin insert

(3) 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.

end insert begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete no end delete begin insert yes end insert .

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

SECTION 1.  

Section 1556.5 is added to the Health and Safety
Code, to read:

1556.5.  

(a) If the department, as a condition of licensure,
requires the chief executive officer or other authorized member of
the board of directors and the administrator of a foster family
agency to attend an orientation given by the licensing agency that
outlines the applicable rules and regulations for operation of a
foster family agency, that orientation shall include, but not be
limited to, a description of policies, procedures, or practices that
violate paragraph (1) or (2) of subdivision (i) of Section 11166 of
the Penal Code.

(b) If the department requires, as part of an application for
licensure for a foster family agency, a written plan of operation,
that plan of operation shall include a written plan establishing
policies, procedures, or practices to ensure that the foster family
agency does not violate paragraph (1) or (2) of subdivision (i) of
Section 11166 of the Penal Code.

(c) For purposes of this section, a foster family agency is defined
in paragraph (4) of subdivision (a) of Section 1502.

SEC. 2.  

Section 1558 of the Health and Safety Code is amended
to read:

1558.  

(a) The department may prohibit any person from being
a member of the board of directors, an executive director, or an
officer of a licensee, or a licensee from employing, or continuing
the employment of, or allowing in a licensed facility or certified
family home, or allowing contact with clients of a licensed facility
or certified family home by, any employee, prospective employee,
or person who is not a client who has:

(1) Violated, or aided or permitted the violation by any other
person of, any provisions of this chapter or of any rules or
regulations promulgated under this chapter.

(2) Engaged in conduct that is inimical to the health, morals,
welfare, or safety of either the people of this state or an individual
in or receiving services from the facility or certified family home.

(3) Been denied an exemption to work or to be present in a
facility or certified family home, when that person has been
convicted of a crime as defined in Section 1522.

(4) Engaged in any other conduct that would constitute a basis
for disciplining a licensee or certified family home.

(5) Engaged in acts of financial malfeasance concerning the
operation of a facility or certified family home, including, but not
limited to, improper use or embezzlement of client moneys and
property or fraudulent appropriation for personal gain of facility
moneys and property, or willful or negligent failure to provide
services.

(b) The excluded person, the facility or certified family home,
and the licensee shall be given written notice of the basis of the
department’s action and of the excluded person’s right to an appeal.
The notice shall be served either by personal service or by
registered mail. Within 15 days after the department serves the
notice, the excluded person may file with the department a written
appeal of the exclusion order. If the excluded person fails to file
a written appeal within the prescribed time, the department’s action
shall be final.

(c) (1) The department may require the immediate removal of
a member of the board of directors, an executive director, or an
officer of a licensee or exclusion of an employee, prospective
employee, or person who is not a client from a facility or certified
family home pending a final decision of the matter, when, in the
opinion of the director, the action is necessary to protect residents
or clients from physical or mental abuse, abandonment, or any
other substantial threat to their health or safety.

(2) If the department requires the immediate removal of a
member of the board of directors, an executive director, or an
officer of a licensee or exclusion of an employee, prospective
employee, or person who is not a client from a facility or certified
family home, the department shall serve an order of immediate
exclusion upon the excluded person that shall notify the excluded
person of the basis of the department’s action and of the excluded
person’s right to a hearing.

(3) Within 15 days after the department serves an order of
immediate exclusion, the excluded person may file a written appeal
of the exclusion with the department. The department’s action
shall be final if the excluded person does not appeal the exclusion
within the prescribed time. The department shall do the following
upon receipt of a written appeal:

(A) Within 30 days of receipt of the appeal, serve an accusation
upon the excluded person.

(B) Within 60 days of receipt of a notice of defense pursuant
to Section 11506 of the Government Code by the excluded person
to conduct a hearing on the accusation.

(4) An order of immediate exclusion of the excluded person
from the facility or certified family home shall remain in effect
until the hearing is completed and the director has made a final
determination on the merits. However, the order of immediate
exclusion shall be deemed vacated if the director fails to make a
final determination on the merits within 60 days after the original
hearing has been completed.

(d) An excluded person who files a written appeal with the
department pursuant to this section shall, as part of the written
request, provide his or her current mailing address. The excluded
person shall subsequently notify the department in writing of any
change in mailing address, until the hearing process has been
completed or terminated.

(e) Hearings held pursuant to this section shall be conducted in
accordance with Chapter 5 (commencing with Section 11500) of
Division 3 of Title 2 of the Government Code. The standard of
proof shall be the preponderance of the evidence and the burden
of proof shall be on the department.

(f) The department may institute or continue a disciplinary
proceeding against a member of the board of directors, an executive
director, or an officer of a licensee or an employee, prospective
employee, or person who is not a client upon any ground provided
by this section. The department may enter an order prohibiting
any person from being a member of the board of directors, an
executive director, or an officer of a licensee or prohibiting the
excluded person’s employment or presence in the facility or
certified family home, or otherwise take disciplinary action against
the excluded person, notwithstanding any resignation, withdrawal
of employment application, or change of duties by the excluded
person, or any discharge, failure to hire, or reassignment of the
excluded person by the licensee or that the excluded person no
longer has contact with clients at the facility or certified family
home.

(g) A licensee’s or certified family home’s failure to comply
with the department’s exclusion order after being notified of the
order shall be grounds for disciplining the licensee pursuant to
Section 1550.

(h) (1) (A) In cases where the excluded person appealed the
exclusion order, the person shall be prohibited from working in
any facility or being licensed to operate any facility licensed by
the department or from being a certified foster parent for the
remainder of the excluded person’s life, unless otherwise ordered
by the department.

(B) The excluded individual may petition for reinstatement one
year after the effective date of the decision and order of the
department upholding the exclusion order pursuant to Section
11522 of the Government Code. The department shall provide the
excluded person with a copy of Section 11522 of the Government
Code with the decision and order.

(2) (A) In cases where the department informed the excluded
person of his or her right to appeal the exclusion order and the
excluded person did not appeal the exclusion order, the person
shall be prohibited from working in any facility or being licensed
to operate any facility licensed by the department or a certified
foster parent for the remainder of the excluded person’s life, unless
otherwise ordered by the department.

(B) The excluded individual may petition for reinstatement after
one year has elapsed from the date of the notification of the
exclusion order pursuant to Section 11522 of the Government
Code. The department shall provide the excluded person with a
copy of Section 11522 of the Government Code with the exclusion
order.

(i) Notwithstanding paragraph (2) of subdivision (a) or
subdivision (c) of Section 1550, the department shall take
reasonable action, including, but not limited to, prohibiting a person
from being a member of the board of directors, an executive
director, or an officer of a licensee of a licensed facility or certified
family home, or denying an application for, or suspending or
revoking, a license, special permit, certificate of approval, or
administrator certificate, issued under this chapter, or denying a
transfer of a license pursuant to paragraph (2) of subdivision (c)
of Section 1524, upon a finding of a violation of subdivision (i)
of Section 11166 of the Penal Code.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 11165.7 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

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 begin delete administrator end delete begin insert administrator, board member, end insert or employee
of a public or private organization whose duties require direct
contact and supervision of begin delete children. end delete begin insert children, including a foster
family agency. end insert

(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) Except as provided in subdivision (d), employers 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) Pursuant to Section 44691 of the Education Code, school
districts, county offices of education, state special schools and
diagnostic centers operated by the State Department of Education,
and charter schools shall annually train their employees and persons
working on their behalf 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
reporting.

(e) (1) On and after January 1, 2018, pursuant to Section
1596.8662 of the Health and Safety Code, a child care licensee
applicant shall take training in the duties of mandated reporters
under the child abuse reporting laws as a condition of licensure,
and a child care administrator or an employee of a licensed child
day care facility shall take training in the duties of mandated
reporters during the first 90 days when he or she is employed by
the facility.

(2) A person specified in paragraph (1) who becomes a licensee,
administrator, or employee of a licensed child day care facility
shall take renewal mandated reporter training every two years
following the date on which he or she completed the initial
mandated reporter training. The training shall include, but not
necessarily be limited to, training in child abuse and neglect
identification and child abuse and neglect reporting.

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

(g) 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 insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 11166 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

11166.  

(a) Except as provided in subdivision (d), and in
Section 11166.05, a mandated reporter shall make a report to an
agency specified in Section 11165.9 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 by telephone to the agency immediately or as soon
as is practicably possible, and shall prepare and send, fax, or
electronically transmit a written followup report 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.

(1) For purposes of this article, “reasonable suspicion” means
that it is objectively reasonable for a person to entertain a suspicion,
based upon facts that could cause a reasonable person in a like
position, drawing, when appropriate, on his or her training and
experience, to suspect child abuse or neglect. “Reasonable
suspicion” does not require certainty that child abuse or neglect
has occurred nor does it require a specific medical indication of
child abuse or neglect; any “reasonable suspicion” is sufficient.
For purposes of this article, the pregnancy of a minor does not, in
and of itself, constitute a basis for a reasonable suspicion of sexual
abuse.

(2) The agency shall be notified and a report shall be prepared
and sent, faxed, or electronically transmitted even if the child has
expired, regardless of whether or not the possible abuse was a
factor contributing to the death, and even if suspected child abuse
was discovered during an autopsy.

(3) A report made by a mandated reporter pursuant to this
section shall be known as a mandated report.

(b) If, after reasonable efforts, a mandated reporter is unable to
submit an initial report by telephone, he or she shall immediately
or as soon as is practicably possible, by fax or electronic
transmission, make a one-time automated written report on the
form prescribed by the Department of Justice, and shall also be
available to respond to a telephone followup call by the agency
with which he or she filed the report. A mandated reporter who
files a one-time automated written report because he or she was
unable to submit an initial report by telephone is not required to
submit a written followup report.

(1) The one-time automated written report form prescribed by
the Department of Justice shall be clearly identifiable so that it is
not mistaken for a standard written followup report. In addition,
the automated one-time report shall contain a section that allows
the mandated reporter to state the reason the initial telephone call
was not able to be completed. The reason for the submission of
the one-time automated written report in lieu of the procedure
prescribed in subdivision (a) shall be captured in the Child Welfare
Services/Case Management System (CWS/CMS). The department
shall work with stakeholders to modify reporting forms and the
CWS/CMS as is necessary to accommodate the changes enacted
by these provisions.

(2) This subdivision shall not become operative until the
CWS/CMS is updated to capture the information prescribed in this
subdivision.

(3) This subdivision shall become inoperative three years after
this subdivision becomes operative or on January 1, 2009,
whichever occurs first.

(4) On the inoperative date of these provisions, a report shall
be submitted to the counties and the Legislature by the State
Department of Social Services that reflects the data collected from
automated one-time reports indicating the reasons stated as to why
the automated one-time report was filed in lieu of the initial
telephone report.

(5) Nothing in this section shall supersede the requirement that
a mandated reporter first attempt to make a report via telephone,
or that agencies specified in Section 11165.9 accept reports from
mandated reporters and other persons as required.

(c) A 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 an agency specified in Section 11165.9 discovers the
offense.

(d) (1) A clergy member who acquires knowledge or a
reasonable suspicion of child abuse or neglect during a penitential
communication is not subject to subdivision (a). For the purposes
of this subdivision, “penitential communication” means a
communication, intended to be in confidence, including, but not
limited to, a sacramental confession, made to a clergy member
who, in the course of the discipline or practice of his or her church,
denomination, or organization, is authorized or accustomed to hear
those communications, and under the discipline, tenets, customs,
or practices of his or her church, denomination, or organization,
has a duty to keep those communications secret.

(2) Nothing in this subdivision shall be construed to modify or
limit a clergy member’s duty to report known or suspected child
abuse or neglect when the clergy member is acting in some other
capacity that would otherwise make the clergy member a mandated
reporter.

(3) (A) On or before January 1, 2004, a clergy member or any
custodian of records for the clergy member may report to an agency
specified in Section 11165.9 that the clergy member or any
custodian of records for the clergy member, prior to January 1,
1997, in his or her professional capacity or within the scope of his
or her employment, other than during a penitential communication,
acquired knowledge or had a reasonable suspicion that a child had
been the victim of sexual abuse and that the clergy member or any
custodian of records for the clergy member did not previously
report the abuse to an agency specified in Section 11165.9. The
provisions of Section 11172 shall apply to all reports made pursuant
to this paragraph.

(B) This paragraph shall apply even if the victim of the known
or suspected abuse has reached the age of majority by the time the
required report is made.

(C) The local law enforcement agency shall have jurisdiction
to investigate any report of child abuse made pursuant to this
paragraph even if the report is made after the victim has reached
the age of majority.

(e) (1) A commercial film, photographic print, or image
processor who has knowledge of or observes, within the scope of
his or her professional capacity or employment, any film,
photograph, videotape, negative, slide, or 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 depicting a child under
16 years of age engaged in an act of sexual conduct, shall,
immediately or as soon as practicably possible, telephonically
report the instance of suspected abuse to the law enforcement
agency located in the county in which the images are seen. Within
36 hours of receiving the information concerning the incident, the
reporter shall prepare and send, fax, or electronically transmit a
written followup report of the incident with a copy of the image
or material attached.

(2) A commercial computer technician who has knowledge of
or observes, within the scope of his or her professional capacity
or employment, any representation of information, data, or an
image, including, but not limited to, any computer hardware,
computer software, computer file, computer floppy disk, data
storage medium, CD-ROM, computer-generated equipment, or
computer-generated image that is retrievable in perceivable form
and that is intentionally saved, transmitted, or organized on an
electronic medium, depicting a child under 16 years of age engaged
in an act of sexual conduct, shall immediately, or as soon as
practicably possible, telephonically report the instance of suspected
abuse to the law enforcement agency located in the county in which
the images or materials are seen. As soon as practicably possible
after receiving the information concerning the incident, the reporter
shall prepare and send, fax, or electronically transmit a written
followup report of the incident with a brief description of the
images or materials.

(3) For purposes of this article, “commercial computer
technician” includes an employee designated by an employer to
receive reports pursuant to an established reporting process
authorized by subparagraph (B) of paragraph (43) of subdivision
(a) of Section 11165.7.

(4) As used in this subdivision, “electronic medium” includes,
but is not limited to, a recording, CD-ROM, magnetic disk memory,
magnetic tape memory, CD, DVD, thumbdrive, or any other
computer hardware or media.

(5) As used in this subdivision, “sexual conduct” means any of
the following:

(A) Sexual intercourse, including genital-genital, oral-genital,
anal-genital, or oral-anal, whether between persons of the same or
opposite sex or between humans and animals.

(B) Penetration of the vagina or rectum by any object.

(C) Masturbation for the purpose of sexual stimulation of the
viewer.

(D) Sadomasochistic abuse for the purpose of sexual stimulation
of the viewer.

(E) Exhibition of the genitals, pubic, or rectal areas of a person
for the purpose of sexual stimulation of the viewer.

(f) Any mandated reporter who knows or reasonably suspects
that the home or institution in which a child resides is unsuitable
for the child because of abuse or neglect of the child shall bring
the condition to the attention of the agency to which, and at the
same time as, he or she makes a report of the abuse or neglect
pursuant to subdivision (a).

(g) Any other person who has knowledge of or observes a child
whom he or she knows or reasonably suspects has been a victim
of child abuse or neglect may report the known or suspected
instance of child abuse or neglect to an agency specified in Section
11165.9. For purposes of this section, “any other person” includes
a mandated reporter who acts in his or her private capacity and
not in his or her professional capacity or within the scope of his
or her employment.

(h) 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.

(i) (1) The reporting duties under this section are individual,
and no supervisor or administrator may impede or inhibit the
reporting duties, and no person making a report shall be subject
to any sanction for making the report. However, internal procedures
to facilitate reporting and apprise supervisors and administrators
of reports may be established provided that they are not inconsistent
with this article. begin insert An internal policy shall not direct an employee
to allow his or her supervisor to file or process a mandated report
under any circumstances. end insert

(2) The internal procedures shall not require any employee
required to make reports pursuant to this article to disclose his or
her identity to the employer.

(3) Reporting the information regarding a case of possible child
abuse or neglect to an employer, supervisor, school principal,
school counselor, coworker, or other person shall not be a substitute
for making a mandated report to an agency specified in Section
11165.9.

(j) (1) A county probation or welfare department shall
immediately, or as soon as practicably possible, report by
telephone, fax, or electronic transmission to the law enforcement
agency having jurisdiction over the case, to the agency given the
responsibility for investigation of cases under Section 300 of the
Welfare and Institutions Code, and to the district attorney’s office
every known or suspected instance of child abuse or neglect, as
defined in Section 11165.6, except acts or omissions coming within
subdivision (b) of Section 11165.2, or reports made pursuant to
Section 11165.13 based on risk to a child that relates solely to the
inability of the parent to provide the child with regular care due
to the parent’s substance abuse, which shall be reported only to
the county welfare or probation department. A county probation
or welfare department also shall send, fax, or electronically transmit
a written report thereof within 36 hours of receiving the information
concerning the incident to any agency to which it makes a
telephone report under this subdivision.

(2) A county probation or welfare department shall immediately,
and in no case in more than 24 hours, report to the law enforcement
agency having jurisdiction over the case after receiving information
that a child or youth who is receiving child welfare services has
been identified as the victim of commercial sexual exploitation,
as defined in subdivision (d) of Section 11165.1.

(3) When a child or youth who is receiving child welfare
services and who is reasonably believed to be the victim of, or is
at risk of being the victim of, commercial sexual exploitation, as
defined in Section 11165.1, is missing or has been abducted, the
county probation or welfare department shall immediately, or in
no case later than 24 hours from receipt of the information, report
the incident to the appropriate law enforcement authority for entry
into the National Crime Information Center database of the Federal
Bureau of Investigation and to the National Center for Missing
and Exploited Children.

(k) A law enforcement agency shall immediately, or as soon as
practicably possible, report by telephone, fax, or electronic
transmission to the agency given responsibility for investigation
of cases under Section 300 of the Welfare and Institutions Code
and to the district attorney’s office every known or suspected
instance of child abuse or neglect reported to it, except acts or
omissions coming within subdivision (b) of Section 11165.2, which
shall be reported only to the county welfare or probation
department. A law enforcement agency shall report to the county
welfare or probation department every known or suspected instance
of child abuse or neglect reported to it which is alleged to have
occurred as a result of the action of a person responsible for the
child’s welfare, or as the result of the failure of a person responsible
for the child’s welfare to adequately protect the minor from abuse
when the person responsible for the child’s welfare knew or
reasonably should have known that the minor was in danger of
abuse. A law enforcement agency also shall send, fax, or
electronically transmit a written report thereof within 36 hours of
receiving the information concerning the incident to any agency
to which it makes a telephone report under this subdivision.

begin delete SEC. 3. end delete

begin insert SEC. 5. end insert   

Section 10605.5 of the Welfare and Institutions Code
is amended to read:

10605.5.  

(a) (1) The department, in consultation with counties
and labor organizations, shall establish, no later than January 1,
2016, a process to receive voluntary disclosures from social
workers, if a social worker has reasonable cause to believe that a
policy, procedure, or practice, related to the provision of child
welfare services by a county child welfare agency, meets any of
the following conditions:

(A) Endangers the health or well-being of a child or children.

(B) Is contrary to existing statute or regulation.

(C) Is contrary to public policy.

(2) Notwithstanding any other law, the department shall not
disclose to any person or entity the identity of a social worker
making a disclosure described in paragraph (1), unless (A) the
social worker has consented to the disclosure or (B) there is an
immediate risk to the health and safety of a child.

(b) The department shall make available a description of the
process established pursuant to subdivision (a) to counties and
labor organizations.

(c) For purposes of this section, “county child welfare agency”
includes a county welfare department, child welfare department,
and any other county agency that employs social workers and is
responsible for the placement and supervision of children and
youth in foster care, including department social workers contracted
by counties to perform direct adoption services.

(d) (1) No later than January 1, 2018, the department shall
report to the Legislature only the following information:

(A) The total number of relevant disclosures received from
social workers, including the month and year the disclosure was
received.

(B) A summary description of both of the following:

(i) The issues raised in the disclosures received from a social
worker.

(ii) The actions taken by the department in response to the
disclosures.

(2) No later than January 1, 2018, the department shall post on
its Internet Web site the information described in paragraph (1).

(3) The report required pursuant to paragraph (1) shall be
submitted in compliance with Section 9795 of the Government
Code.

(e) (1) Effective January 1, 2018, all of the duties imposed on
the department pursuant to subdivisions (a) and (b) shall apply
with respect to the receipt of voluntary disclosures from social
workers employed at a foster family agency, as defined in Section
1502 of the Health and Safety Code, including, but not limited to,
disclosures from social workers who have reasonable cause to
believe that a policy, procedure, or practice violates paragraph (1)
or (2) of subdivision (i) of Section 11166 of the Penal Code.

(2) No later than July 1, 2019, the department shall report to
the Legislature only the following information:

(A) The total number of relevant disclosures received from
social workers employed at foster family agencies, including the
month and year the disclosure was received.

(B) A summary description of both of the following:

(i) The issues raised in the disclosures received from a social
worker.

(ii) The actions taken by the department in response to the
disclosures.

(3) No later than July 1, 2019, the department shall post on its
Internet Web site the information described in paragraph (1).

(4) The report required pursuant to paragraph (2) shall be
submitted in compliance with Section 9795 of the Government
Code.

begin insert

begin insert SEC. 6. end insert   

end insert begin insert

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.

end insert