Amended in Senate August 18, 2016

Amended in Senate August 2, 2016

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 BillNo. 1001


Introduced by Assembly Member Maienschein

(Coauthors: Assembly Members Baker, Calderon, Chávez, Cooley, Gallagher, Grove, Hadley, and Olsen)

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

February 26, 2015


An act to amend Section 1558 of, and to add Sections 1522.09 and 1556.5 to, the Health and Safety Code, and to amend Sections 11165.7 and 11166 of the Penal 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 defined and including an administrator or employee of a public or private organization whose duties require direct contact and supervision of children, 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 expand the definition of mandated reporter 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 require the department to develop a notice regarding the reporting of complaints and would require the posting of that notice in all foster family agencies, as specified. The bill would also 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 given 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.

begin insert

(2) This bill would incorporate additional changes to Section 11165.7 of the Penal Code proposed by AB 1997 that would become operative if this bill and AB 1997 are chaptered and this bill is chaptered last.

end insert
begin delete

(2)

end delete

begin insert(3)end insert 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 no reimbursement is required by this act for a specified reason.

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

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

P3    1

SECTION 1.  

Section 1522.09 is added to the Health and Safety
2Code
, to read:

3

1522.09.  

(a) The department shall, no later than July 1, 2017,
4develop a notice that does all of the following:

5(1) Contains the telephone number to make a complaint
6regarding a community care facility or child care facility.

7(2) Includes information about the prohibition of impeding
8mandated reports.

9(3) Includes information about the option to make a confidential
10complaint.

11(b) The notice developed pursuant to subdivision (a) shall be
12posted conspicuously in a prominent area in all foster family
13agencies.

14

SEC. 2.  

Section 1556.5 is added to the Health and Safety Code,
15to read:

16

1556.5.  

(a) If the department, as a condition of licensure,
17requires the chief executive officer or other authorized member of
18the board of directors and the administrator of a foster family
19agency to attend an orientation given by the licensing agency that
20outlines the applicable rules and regulations for operation of a
21foster family agency, that orientation shall include, but not be
22limited to, a description of policies, procedures, or practices that
23violate paragraph (1) or (2) of subdivision (i) of Section 11166 of
24the Penal Code.

P4    1(b) If the department requires, as part of an application for
2licensure for a foster family agency, a written plan of operation,
3that plan of operation shall include a written plan establishing
4policies, procedures, or practices to ensure that the foster family
5agency does not violate paragraph (1) or (2) of subdivision (i) of
6Section 11166 of the Penal Code.

7(c) For purposes of this section, a foster family agency is defined
8in paragraph (4) of subdivision (a) of Section 1502.

9

SEC. 3.  

Section 1558 of the Health and Safety Code is amended
10to read:

11

1558.  

(a) The department may prohibit any person from being
12a member of the board of directors, an executive director, or an
13officer of a licensee, or a licensee from employing, or continuing
14the employment of, or allowing in a licensed facility or certified
15family home, or allowing contact with clients of a licensed facility
16or certified family home by, any employee, prospective employee,
17or person who is not a client who has:

18(1) Violated, or aided or permitted the violation by any other
19person of, any provisions of this chapter or of any rules or
20regulations promulgated under this chapter.

21(2) Engaged in conduct that is inimical to the health, morals,
22welfare, or safety of either the people of this state or an individual
23in or receiving services from the facility or certified family home.

24(3) Been denied an exemption to work or to be present in a
25facility or certified family home, when that person has been
26convicted of a crime as defined in Section 1522.

27(4) Engaged in any other conduct that would constitute a basis
28for disciplining a licensee or certified family home.

29(5) Engaged in acts of financial malfeasance concerning the
30operation of a facility or certified family home, including, but not
31limited to, improper use or embezzlement of client moneys and
32property or fraudulent appropriation for personal gain of facility
33moneys and property, or willful or negligent failure to provide
34services.

35(b) The excluded person, the facility or certified family home,
36and the licensee shall be given written notice of the basis of the
37department’s action and of the excluded person’s right to an appeal.
38The notice shall be served either by personal service or by
39registered mail. Within 15 days after the department serves the
40notice, the excluded person may file with the department a written
P5    1appeal of the exclusion order. If the excluded person fails to file
2a written appeal within the prescribed time, the department’s action
3shall be final.

4(c) (1) The department may require the immediate removal of
5a member of the board of directors, an executive director, or an
6officer of a licensee or exclusion of an employee, prospective
7employee, or person who is not a client from a facility or certified
8family home pending a final decision of the matter, when, in the
9opinion of the director, the action is necessary to protect residents
10or clients from physical or mental abuse, abandonment, or any
11other substantial threat to their health or safety.

12(2) If the department requires the immediate removal of a
13member of the board of directors, an executive director, or an
14officer of a licensee or exclusion of an employee, prospective
15employee, or person who is not a client from a facility or certified
16family home, the department shall serve an order of immediate
17exclusion upon the excluded person that shall notify the excluded
18person of the basis of the department’s action and of the excluded
19person’s right to a hearing.

20(3) Within 15 days after the department serves an order of
21immediate exclusion, the excluded person may file a written appeal
22of the exclusion with the department. The department’s action
23shall be final if the excluded person does not appeal the exclusion
24within the prescribed time. The department shall do the following
25upon receipt of a written appeal:

26(A) Within 30 days of receipt of the appeal, serve an accusation
27upon the excluded person.

28(B) Within 60 days of receipt of a notice of defense pursuant
29to Section 11506 of the Government Code by the excluded person
30to conduct a hearing on the accusation.

31(4) An order of immediate exclusion of the excluded person
32from the facility or certified family home shall remain in effect
33until the hearing is completed and the director has made a final
34determination on the merits. However, the order of immediate
35exclusion shall be deemed vacated if the director fails to make a
36final determination on the merits within 60 days after the original
37hearing has been completed.

38(d) An excluded person who files a written appeal with the
39department pursuant to this section shall, as part of the written
40request, provide his or her current mailing address. The excluded
P6    1person shall subsequently notify the department in writing of any
2change in mailing address, until the hearing process has been
3completed or terminated.

4(e) Hearings held pursuant to this section shall be conducted in
5accordance with Chapter 5 (commencing with Section 11500) of
6Division 3 of Title 2 of the Government Code. The standard of
7proof shall be the preponderance of the evidence and the burden
8of proof shall be on the department.

9(f) The department may institute or continue a disciplinary
10proceeding against a member of the board of directors, an executive
11director, or an officer of a licensee or an employee, prospective
12employee, or person who is not a client upon any ground provided
13by this section. The department may enter an order prohibiting
14any person from being a member of the board of directors, an
15executive director, or an officer of a licensee or prohibiting the
16excluded person’s employment or presence in the facility or
17certified family home, or otherwise take disciplinary action against
18the excluded person, notwithstanding any resignation, withdrawal
19of employment application, or change of duties by the excluded
20person, or any discharge, failure to hire, or reassignment of the
21excluded person by the licensee or that the excluded person no
22longer has contact with clients at the facility or certified family
23home.

24(g) A licensee’s or certified family home’s failure to comply
25with the department’s exclusion order after being notified of the
26order shall be grounds for disciplining the licensee pursuant to
27Section 1550.

28(h) (1) (A) In cases where the excluded person appealed the
29exclusion order, the person shall be prohibited from working in
30any facility or being licensed to operate any facility licensed by
31the department or from being a certified foster parent for the
32remainder of the excluded person’s life, unless otherwise ordered
33by the department.

34(B) The excluded individual may petition for reinstatement one
35year after the effective date of the decision and order of the
36department upholding the exclusion order pursuant to Section
3711522 of the Government Code. The department shall provide the
38excluded person with a copy of Section 11522 of the Government
39Code with the decision and order.

P7    1(2) (A) In cases where the department informed the excluded
2person of his or her right to appeal the exclusion order and the
3excluded person did not appeal the exclusion order, the person
4shall be prohibited from working in any facility or being licensed
5 to operate any facility licensed by the department or a certified
6foster parent for the remainder of the excluded person’s life, unless
7otherwise ordered by the department.

8(B) The excluded individual may petition for reinstatement after
9one year has elapsed from the date of the notification of the
10exclusion order pursuant to Section 11522 of the Government
11Code. The department shall provide the excluded person with a
12copy of Section 11522 of the Government Code with the exclusion
13order.

14(i) Notwithstanding paragraph (2) of subdivision (a) or
15subdivision (c) of Section 1550, the department shall take
16reasonable action, including, but not limited to, prohibiting a person
17from being a member of the board of directors, an executive
18director, or an officer of a licensee of a licensed facility or certified
19family home, or denying an application for, or suspending or
20revoking, a license, special permit, certificate of approval, or
21administrator certificate, issued under this chapter, or denying a
22transfer of a license pursuant to paragraph (2) of subdivision (c)
23of Section 1524, upon a finding of a violation of subdivision (i)
24of Section 11166 of the Penal Code.

25

SEC. 4.  

Section 11165.7 of the Penal Code is amended to read:

26

11165.7.  

(a) As used in this article, “mandated reporter” is
27defined as any of the following:

28(1) A teacher.

29(2) An instructional aide.

30(3) A teacher’s aide or teacher’s assistant employed by a public
31or private school.

32(4) A classified employee of a public school.

33(5) An administrative officer or supervisor of child welfare and
34attendance, or a certificated pupil personnel employee of a public
35or private school.

36(6) An administrator of a public or private day camp.

37(7) An administrator or employee of a public or private youth
38center, youth recreation program, or youth organization.

P8    1(8) An administrator, board member, or employee of a public
2or private organization whose duties require direct contact and
3supervision of children, including a foster family agency.

4(9) An employee of a county office of education or the State
5Department of Education whose duties bring the employee into
6contact with children on a regular basis.

7(10) A licensee, an administrator, or an employee of a licensed
8community care or child day care facility.

9(11) A Head Start program teacher.

10(12) A licensing worker or licensing evaluator employed by a
11licensing agency, as defined in Section 11165.11.

12(13) A public assistance worker.

13(14) An employee of a child care institution, including, but not
14limited to, foster parents, group home personnel, and personnel of
15residential care facilities.

16(15) A social worker, probation officer, or parole officer.

17(16) An employee of a school district police or security
18department.

19(17) A person who is an administrator or presenter of, or a
20counselor in, a child abuse prevention program in a public or
21private school.

22(18) A district attorney investigator, inspector, or local child
23support agency caseworker, unless the investigator, inspector, or
24caseworker is working with an attorney appointed pursuant to
25Section 317 of the Welfare and Institutions Code to represent a
26minor.

27(19) A peace officer, as defined in Chapter 4.5 (commencing
28with Section 830) of Title 3 of Part 2, who is not otherwise
29described in this section.

30(20) A firefighter, except for volunteer firefighters.

31(21) A physician and surgeon, psychiatrist, psychologist, dentist,
32resident, intern, podiatrist, chiropractor, licensed nurse, dental
33hygienist, optometrist, marriage and family therapist, clinical social
34worker, professional clinical counselor, or any other person who
35is currently licensed under Division 2 (commencing with Section
36500) of the Business and Professions Code.

37(22) An emergency medical technician I or II, paramedic, or
38other person certified pursuant to Division 2.5 (commencing with
39Section 1797) of the Health and Safety Code.

P9    1(23) A psychological assistant registered pursuant to Section
22913 of the Business and Professions Code.

3(24) A marriage and family therapist trainee, as defined in
4subdivision (c) of Section 4980.03 of the Business and Professions
5Code.

6(25) An unlicensed marriage and family therapist intern
7registered under Section 4980.44 of the Business and Professions
8Code.

9(26) A state or county public health employee who treats a minor
10for venereal disease or any other condition.

11(27) A coroner.

12(28) A medical examiner or other person who performs
13autopsies.

14(29) A commercial film and photographic print or image
15processor as specified in subdivision (e) of Section 11166. As used
16in this article, “commercial film and photographic print or image
17processor” means a person who develops exposed photographic
18film into negatives, slides, or prints, or who makes prints from
19negatives or slides, or who prepares, publishes, produces, develops,
20duplicates, or prints any representation of information, data, or an
21image, including, but not limited to, any film, filmstrip, photograph,
22negative, slide, photocopy, videotape, video laser disc, computer
23hardware, computer software, computer floppy disk, data storage
24medium, CD-ROM, computer-generated equipment, or
25computer-generated image, for compensation. The term includes
26any employee of that person; it does not include a person who
27develops film or makes prints or images for a public agency.

28(30) A child visitation monitor. As used in this article, “child
29visitation monitor” means a person who, for financial
30compensation, acts as a monitor of a visit between a child and
31another person when the monitoring of that visit has been ordered
32by a court of law.

33(31) An animal control officer or humane society officer. For
34the purposes of this article, the following terms have the following
35meanings:

36(A) “Animal control officer” means a person employed by a
37city, county, or city and county for the purpose of enforcing animal
38control laws or regulations.

39(B) “Humane society officer” means a person appointed or
40employed by a public or private entity as a humane officer who is
P10   1qualified pursuant to Section 14502 or 14503 of the Corporations
2 Code.

3(32) A clergy member, as specified in subdivision (d) of Section
411166. As used in this article, “clergy member” means a priest,
5minister, rabbi, religious practitioner, or similar functionary of a
6church, temple, or recognized denomination or organization.

7(33) Any custodian of records of a clergy member, as specified
8in this section and subdivision (d) of Section 11166.

9(34) An employee of any police department, county sheriff’s
10department, county probation department, or county welfare
11department.

12(35) An employee or volunteer of a Court Appointed Special
13Advocate program, as defined in Rule 5.655 of the California Rules
14of Court.

15(36) A custodial officer, as defined in Section 831.5.

16(37) A person providing services to a minor child under Section
1712300 or 12300.1 of the Welfare and Institutions Code.

18(38) An alcohol and drug counselor. As used in this article, an
19“alcohol and drug counselor” is a person providing counseling,
20therapy, or other clinical services for a state licensed or certified
21drug, alcohol, or drug and alcohol treatment program. However,
22alcohol or drug abuse, or both alcohol and drug abuse, is not, in
23and of itself, a sufficient basis for reporting child abuse or neglect.

24(39) A clinical counselor trainee, as defined in subdivision (g)
25of Section 4999.12 of the Business and Professions Code.

26(40) A clinical counselor intern registered under Section 4999.42
27of the Business and Professions Code.

28(41) An employee or administrator of a public or private
29postsecondary educational institution, whose duties bring the
30administrator or employee into contact with children on a regular
31basis, or who supervises those whose duties bring the administrator
32or employee into contact with children on a regular basis, as to
33child abuse or neglect occurring on that institution’s premises or
34at an official activity of, or program conducted by, the institution.
35Nothing in this paragraph shall be construed as altering the
36lawyer-client privilege as set forth in Article 3 (commencing with
37Section 950) of Chapter 4 of Division 8 of the Evidence Code.

38(42) An athletic coach, athletic administrator, or athletic director
39employed by any public or private school that provides any
P11   1combination of instruction for kindergarten, or grades 1 to 12,
2inclusive.

3(43) (A) A commercial computer technician as specified in
4subdivision (e) of Section 11166. As used in this article,
5“commercial computer technician” means a person who works for
6a company that is in the business of repairing, installing, or
7otherwise servicing a computer or computer component, including,
8but not limited to, a computer part, device, memory storage or
9recording mechanism, auxiliary storage recording or memory
10capacity, or any other material relating to the operation and
11maintenance of a computer or computer network system, for a fee.
12An employer who provides an electronic communications service
13or a remote computing service to the public shall be deemed to
14comply with this article if that employer complies with Section
152258A of Title 18 of the United States Code.

16(B) An employer of a commercial computer technician may
17implement internal procedures for facilitating reporting consistent
18with this article. These procedures may direct employees who are
19mandated reporters under this paragraph to report materials
20described in subdivision (e) of Section 11166 to an employee who
21is designated by the employer to receive the reports. An employee
22who is designated to receive reports under this subparagraph shall
23be a commercial computer technician for purposes of this article.
24A commercial computer technician who makes a report to the
25designated employee pursuant to this subparagraph shall be deemed
26to have complied with the requirements of this article and shall be
27subject to the protections afforded to mandated reporters, including,
28but not limited to, those protections afforded by Section 11172.

29(44) Any athletic coach, including, but not limited to, an
30assistant coach or a graduate assistant involved in coaching, at
31public or private postsecondary educational institutions.

32(b) Except as provided in paragraph (35) of subdivision (a),
33volunteers of public or private organizations whose duties require
34direct contact with and supervision of children are not mandated
35reporters but are encouraged to obtain training in the identification
36and reporting of child abuse and neglect and are further encouraged
37to report known or suspected instances of child abuse or neglect
38to an agency specified in Section 11165.9.

39(c) Except as provided in subdivision (d), employers are strongly
40encouraged to provide their employees who are mandated reporters
P12   1with training in the duties imposed by this article. This training
2shall include training in child abuse and neglect identification and
3training in child abuse and neglect reporting. Whether or not
4employers provide their employees with training in child abuse
5and neglect identification and reporting, the employers shall
6 provide their employees who are mandated reporters with the
7statement required pursuant to subdivision (a) of Section 11166.5.

8(d) Pursuant to Section 44691 of the Education Code, school
9districts, county offices of education, state special schools and
10diagnostic centers operated by the State Department of Education,
11and charter schools shall annually train their employees and persons
12working on their behalf specified in subdivision (a) in the duties
13of mandated reporters under the child abuse reporting laws. The
14training shall include, but not necessarily be limited to, training in
15child abuse and neglect identification and child abuse and neglect
16reporting.

17(e) (1) On and after January 1, 2018, pursuant to Section
181596.8662 of the Health and Safety Code, a child care licensee
19applicant shall take training in the duties of mandated reporters
20under the child abuse reporting laws as a condition of licensure,
21and a child care administrator or an employee of a licensed child
22day care facility shall take training in the duties of mandated
23reporters during the first 90 days when he or she is employed by
24the facility.

25(2) A person specified in paragraph (1) who becomes a licensee,
26administrator, or employee of a licensed child day care facility
27shall take renewal mandated reporter training every two years
28following the date on which he or she completed the initial
29mandated reporter training. The training shall include, but not
30necessarily be limited to, training in child abuse and neglect
31identification and child abuse and neglect reporting.

32(f) Unless otherwise specifically provided, the absence of
33training shall not excuse a mandated reporter from the duties
34imposed by this article.

35(g) Public and private organizations are encouraged to provide
36their volunteers whose duties require direct contact with and
37supervision of children with training in the identification and
38reporting of child abuse and neglect.

39begin insert

begin insertSEC. 4.5.end insert  

end insert

begin insertSection 11165.7 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
40read:end insert

P13   1

11165.7.  

(a) As used in this article, “mandated reporter” is
2defined as any of the following:

3(1) A teacher.

4(2) An instructional aide.

5(3) A teacher’s aide or teacher’s assistant employed by a public
6or private school.

7(4) A classified employee of a public school.

8(5) An administrative officer or supervisor of child welfare and
9attendance, or a certificated pupil personnel employee of a public
10or private school.

11(6) An administrator of a public or private day camp.

12(7) An administrator or employee of a public or private youth
13center, youth recreation program, or youth organization.

14(8) Anbegin delete administratorend deletebegin insert administrator, board member,end insert or employee
15of a public or private organization whose duties require direct
16contact and supervision ofbegin delete children.end deletebegin insert children, including a foster
17family agency.end insert

18(9) An employee of a county office of education or the State
19Department of Education whose duties bring the employee into
20contact with children on a regular basis.

21(10) A licensee, an administrator, or an employee of a licensed
22community care or child day care facility.

23(11) A Head Start program teacher.

24(12) A licensing worker or licensing evaluator employed by a
25licensing agency, as defined in Section 11165.11.

26(13) A public assistance worker.

27(14) An employee of a child care institution, including, but not
28limited to, foster parents, group home personnel, and personnel of
29residential care facilities.

30(15) A social worker, probation officer, or parole officer.

31(16) An employee of a school district police or security
32department.

33(17) A person who is an administrator or presenter of, or a
34counselor in, a child abuse prevention program in a public or
35private school.

36(18) A district attorney investigator, inspector, or local child
37support agency caseworker, unless the investigator, inspector, or
38caseworker is working with an attorney appointed pursuant to
39Section 317 of the Welfare and Institutions Code to represent a
40minor.

P14   1(19) A peace officer, as defined in Chapter 4.5 (commencing
2with Section 830) of Title 3 of Part 2, who is not otherwise
3described in this section.

4(20) A firefighter, except for volunteer firefighters.

5(21) A physician and surgeon, psychiatrist, psychologist, dentist,
6resident, intern, podiatrist, chiropractor, licensed nurse, dental
7hygienist, optometrist, marriage and family therapist, clinical social
8worker, professional clinical counselor, or any other person who
9is currently licensed under Division 2 (commencing with Section
10500) of the Business and Professions Code.

11(22) An emergency medical technician I or II, paramedic, or
12other person certified pursuant to Division 2.5 (commencing with
13Section 1797) of the Health and Safety Code.

14(23) A psychological assistant registered pursuant to Section
152913 of the Business and Professions Code.

16(24) A marriage and family therapist trainee, as defined in
17subdivision (c) of Section 4980.03 of the Business and Professions
18Code.

19(25) An unlicensed marriage and family therapist intern
20registered under Section 4980.44 of the Business and Professions
21Code.

22(26) A state or county public health employee who treats a minor
23for venereal disease or any other condition.

24(27) A coroner.

25(28) A medical examiner or other person who performs
26autopsies.

27(29) A commercial film and photographic print or image
28processor as specified in subdivision (e) of Section 11166. As used
29in this article, “commercial film and photographic print or image
30processor” means a person who develops exposed photographic
31film into negatives, slides, or prints, or who makes prints from
32negatives or slides, or who prepares, publishes, produces, develops,
33duplicates, or prints any representation of information, data, or an
34image, including, but not limited to, any film, filmstrip, photograph,
35negative, slide, photocopy, videotape, video laser disc, computer
36hardware, computer software, computer floppy disk, data storage
37medium, CD-ROM, computer-generated equipment, or
38computer-generated image, for compensation. The term includes
39any employee of that person; it does not include a person who
40develops film or makes prints or images for a public agency.

P15   1(30) A child visitation monitor. As used in this article, “child
2visitation monitor” means a person who, for financial
3compensation, acts as a monitor of a visit between a child and
4another person when the monitoring of that visit has been ordered
5by a court of law.

6(31) An animal control officer or humane society officer. For
7the purposes of this article, the following terms have the following
8meanings:

9(A) “Animal control officer” means a person employed by a
10city, county, or city and county for the purpose of enforcing animal
11control laws or regulations.

12(B) “Humane society officer” means a person appointed or
13employed by a public or private entity as a humane officer who is
14qualified pursuant to Section 14502 or 14503 of the Corporations
15 Code.

16(32) A clergy member, as specified in subdivision (d) of Section
1711166. As used in this article, “clergy member” means a priest,
18minister, rabbi, religious practitioner, or similar functionary of a
19church, temple, or recognized denomination or organization.

20(33) Any custodian of records of a clergy member, as specified
21in this section and subdivision (d) of Section 11166.

22(34) An employee of any police department, county sheriff’s
23department, county probation department, or county welfare
24department.

25(35) An employee or volunteer of a Court Appointed Special
26Advocate program, as defined in Rule 5.655 of the California Rules
27of Court.

28(36) A custodial officer, as defined in Section 831.5.

29(37) A person providing services to a minor child under Section
3012300 or 12300.1 of the Welfare and Institutions Code.

31(38) An alcohol and drug counselor. As used in this article, an
32“alcohol and drug counselor” is a person providing counseling,
33therapy, or other clinical services for a state licensed or certified
34drug, alcohol, or drug and alcohol treatment program. However,
35alcohol or drug abuse, or both alcohol and drug abuse, is not, in
36and of itself, a sufficient basis for reporting child abuse or neglect.

37(39) A clinical counselor trainee, as defined in subdivision (g)
38of Section 4999.12 of the Business and Professions Code.

39(40) A clinical counselor intern registered under Section 4999.42
40of the Business and Professions Code.

P16   1(41) An employee or administrator of a public or private
2postsecondary educational institution, whose duties bring the
3administrator or employee into contact with children on a regular
4basis, or who supervises those whose duties bring the administrator
5or employee into contact with children on a regular basis, as to
6child abuse or neglect occurring on that institution’s premises or
7at an official activity of, or program conducted by, the institution.
8Nothing in this paragraph shall be construed as altering the
9lawyer-client privilege as set forth in Article 3 (commencing with
10Section 950) of Chapter 4 of Division 8 of the Evidence Code.

11(42) An athletic coach, athletic administrator, or athletic director
12employed by any public or private school that provides any
13combination of instruction for kindergarten, or grades 1 to 12,
14inclusive.

15(43) (A) A commercial computer technician as specified in
16subdivision (e) of Section 11166. As used in this article,
17“commercial computer technician” means a person who works for
18a company that is in the business of repairing, installing, or
19otherwise servicing a computer or computer component, including,
20but not limited to, a computer part, device, memory storage or
21recording mechanism, auxiliary storage recording or memory
22capacity, or any other material relating to the operation and
23maintenance of a computer or computer network system, for a fee.
24An employer who provides an electronic communications service
25or a remote computing service to the public shall be deemed to
26comply with this article if that employer complies with Section
272258A of Title 18 of the United States Code.

28(B) An employer of a commercial computer technician may
29implement internal procedures for facilitating reporting consistent
30with this article. These procedures may direct employees who are
31mandated reporters under this paragraph to report materials
32described in subdivision (e) of Section 11166 to an employee who
33is designated by the employer to receive the reports. An employee
34who is designated to receive reports under this subparagraph shall
35be a commercial computer technician for purposes of this article.
36A commercial computer technician who makes a report to the
37designated employee pursuant to this subparagraph shall be deemed
38to have complied with the requirements of this article and shall be
39subject to the protections afforded to mandated reporters, including,
40but not limited to, those protections afforded by Section 11172.

P17   1(44) Any athletic coach, including, but not limited to, an
2assistant coach or a graduate assistant involved in coaching, at
3public or private postsecondary educational institutions.

begin insert

4
(45) An individual certified by a licensed foster family agency
5as a certified family home, as defined in Section 1506 of the Health
6and Safety Code.

end insert
begin insert

7
(46) An individual approved as a resource family, as defined
8in Section 1517 of the Health and Safety Code and Section 16519.5
9of the Welfare and Institutions Code.

end insert

10(b) Except as provided in paragraph (35) of subdivision (a),
11volunteers of public or private organizations whose duties require
12direct contact with and supervision of children are not mandated
13reporters but are encouraged to obtain training in the identification
14and reporting of child abuse and neglect and are further encouraged
15to report known or suspected instances of child abuse or neglect
16to an agency specified in Section 11165.9.

17(c) Except as provided in subdivision (d), employers are strongly
18encouraged to provide their employees who are mandated reporters
19with training in the duties imposed by this article. This training
20shall include training in child abuse and neglect identification and
21training in child abuse and neglect reporting. Whether or not
22employers provide their employees with training in child abuse
23and neglect identification and reporting, the employers shall
24provide their employees who are mandated reporters with the
25statement required pursuant to subdivision (a) of Section 11166.5.

26(d) Pursuant to Section 44691 of the Education Code, school
27districts, county offices of education, state special schools and
28diagnostic centers operated by the State Department of Education,
29and charter schools shall annually train their employees and persons
30working on their behalf specified in subdivision (a) in the duties
31of mandated reporters under the child abuse reporting laws. The
32training shall include, but not necessarily be limited to, training in
33child abuse and neglect identification and child abuse and neglect
34reporting.

35(e) (1) On and after January 1, 2018, pursuant to Section
361596.8662 of the Health and Safety Code, a child care licensee
37applicant shall take training in the duties of mandated reporters
38under the child abuse reporting laws as a condition of licensure,
39and a child care administrator or an employee of a licensed child
40day care facility shall take training in the duties of mandated
P18   1reporters during the first 90 days when he or she is employed by
2the facility.

3(2) A person specified in paragraph (1) who becomes a licensee,
4administrator, or employee of a licensed child day care facility
5shall take renewal mandated reporter training every two years
6following the date on which he or she completed the initial
7mandated reporter training. The training shall include, but not
8necessarily be limited to, training in child abuse and neglect
9identification and child abuse and neglect reporting.

10(f) Unless otherwise specifically provided, the absence of
11training shall not excuse a mandated reporter from the duties
12imposed by this article.

13(g) Public and private organizations are encouraged to provide
14their volunteers whose duties require direct contact with and
15supervision of children with training in the identification and
16reporting of child abuse and neglect.

17

SEC. 5.  

Section 11166 of the Penal Code is amended to read:

18

11166.  

(a) Except as provided in subdivision (d), and in
19Section 11166.05, a mandated reporter shall make a report to an
20agency specified in Section 11165.9 whenever the mandated
21reporter, in his or her professional capacity or within the scope of
22his or her employment, has knowledge of or observes a child whom
23the mandated reporter knows or reasonably suspects has been the
24victim of child abuse or neglect. The mandated reporter shall make
25an initial report by telephone to the agency immediately or as soon
26as is practicably possible, and shall prepare and send, fax, or
27electronically transmit a written followup report within 36 hours
28of receiving the information concerning the incident. The mandated
29reporter may include with the report any nonprivileged
30documentary evidence the mandated reporter possesses relating
31to the incident.

32(1) For purposes of this article, “reasonable suspicion” means
33that it is objectively reasonable for a person to entertain a suspicion,
34based upon facts that could cause a reasonable person in a like
35position, drawing, when appropriate, on his or her training and
36experience, to suspect child abuse or neglect. “Reasonable
37suspicion” does not require certainty that child abuse or neglect
38has occurred nor does it require a specific medical indication of
39child abuse or neglect; any “reasonable suspicion” is sufficient.
40For purposes of this article, the pregnancy of a minor does not, in
P19   1and of itself, constitute a basis for a reasonable suspicion of sexual
2abuse.

3(2) The agency shall be notified and a report shall be prepared
4and sent, faxed, or electronically transmitted even if the child has
5expired, regardless of whether or not the possible abuse was a
6factor contributing to the death, and even if suspected child abuse
7was discovered during an autopsy.

8(3) A report made by a mandated reporter pursuant to this
9section shall be known as a mandated report.

10(b) If, after reasonable efforts, a mandated reporter is unable to
11submit an initial report by telephone, he or she shall immediately
12or as soon as is practicably possible, by fax or electronic
13transmission, make a one-time automated written report on the
14form prescribed by the Department of Justice, and shall also be
15available to respond to a telephone followup call by the agency
16with which he or she filed the report. A mandated reporter who
17files a one-time automated written report because he or she was
18unable to submit an initial report by telephone is not required to
19submit a written followup report.

20(1) The one-time automated written report form prescribed by
21the Department of Justice shall be clearly identifiable so that it is
22not mistaken for a standard written followup report. In addition,
23the automated one-time report shall contain a section that allows
24the mandated reporter to state the reason the initial telephone call
25was not able to be completed. The reason for the submission of
26the one-time automated written report in lieu of the procedure
27prescribed in subdivision (a) shall be captured in the Child Welfare
28Services/Case Management System (CWS/CMS). The department
29shall work with stakeholders to modify reporting forms and the
30 CWS/CMS as is necessary to accommodate the changes enacted
31by these provisions.

32(2) This subdivision shall not become operative until the
33CWS/CMS is updated to capture the information prescribed in this
34subdivision.

35(3) This subdivision shall become inoperative three years after
36this subdivision becomes operative or on January 1, 2009,
37whichever occurs first.

38(4) On the inoperative date of these provisions, a report shall
39be submitted to the counties and the Legislature by the State
40Department of Social Services that reflects the data collected from
P20   1automated one-time reports indicating the reasons stated as to why
2the automated one-time report was filed in lieu of the initial
3telephone report.

4(5) Nothing in this section shall supersede the requirement that
5a mandated reporter first attempt to make a report via telephone,
6or that agencies specified in Section 11165.9 accept reports from
7mandated reporters and other persons as required.

8(c) A mandated reporter who fails to report an incident of known
9or reasonably suspected child abuse or neglect as required by this
10section is guilty of a misdemeanor punishable by up to six months
11confinement in a county jail or by a fine of one thousand dollars
12($1,000) or by both that imprisonment and fine. If a mandated
13reporter intentionally conceals his or her failure to report an
14incident known by the mandated reporter to be abuse or severe
15neglect under this section, the failure to report is a continuing
16offense until an agency specified in Section 11165.9 discovers the
17offense.

18(d) (1) A clergy member who acquires knowledge or a
19reasonable suspicion of child abuse or neglect during a penitential
20 communication is not subject to subdivision (a). For the purposes
21of this subdivision, “penitential communication” means a
22communication, intended to be in confidence, including, but not
23limited to, a sacramental confession, made to a clergy member
24who, in the course of the discipline or practice of his or her church,
25denomination, or organization, is authorized or accustomed to hear
26those communications, and under the discipline, tenets, customs,
27or practices of his or her church, denomination, or organization,
28has a duty to keep those communications secret.

29(2) Nothing in this subdivision shall be construed to modify or
30limit a clergy member’s duty to report known or suspected child
31abuse or neglect when the clergy member is acting in some other
32capacity that would otherwise make the clergy member a mandated
33reporter.

34(3) (A) On or before January 1, 2004, a clergy member or any
35custodian of records for the clergy member may report to an agency
36specified in Section 11165.9 that the clergy member or any
37custodian of records for the clergy member, prior to January 1,
381997, in his or her professional capacity or within the scope of his
39or her employment, other than during a penitential communication,
40acquired knowledge or had a reasonable suspicion that a child had
P21   1been the victim of sexual abuse and that the clergy member or any
2custodian of records for the clergy member did not previously
3report the abuse to an agency specified in Section 11165.9. The
4provisions of Section 11172 shall apply to all reports made pursuant
5to this paragraph.

6(B) This paragraph shall apply even if the victim of the known
7or suspected abuse has reached the age of majority by the time the
8required report is made.

9(C) The local law enforcement agency shall have jurisdiction
10to investigate any report of child abuse made pursuant to this
11paragraph even if the report is made after the victim has reached
12the age of majority.

13(e) (1) A commercial film, photographic print, or image
14processor who has knowledge of or observes, within the scope of
15his or her professional capacity or employment, any film,
16photograph, videotape, negative, slide, or any representation of
17information, data, or an image, including, but not limited to, any
18film, filmstrip, photograph, negative, slide, photocopy, videotape,
19video laser disc, computer hardware, computer software, computer
20floppy disk, data storage medium, CD-ROM, computer-generated
21equipment, or computer-generated image depicting a child under
2216 years of age engaged in an act of sexual conduct, shall,
23immediately or as soon as practicably possible, telephonically
24report the instance of suspected abuse to the law enforcement
25agency located in the county in which the images are seen. Within
2636 hours of receiving the information concerning the incident, the
27reporter shall prepare and send, fax, or electronically transmit a
28written followup report of the incident with a copy of the image
29or material attached.

30(2) A commercial computer technician who has knowledge of
31or observes, within the scope of his or her professional capacity
32or employment, any representation of information, data, or an
33image, including, but not limited to, any computer hardware,
34computer software, computer file, computer floppy disk, data
35storage medium, CD-ROM, computer-generated equipment, or
36computer-generated image that is retrievable in perceivable form
37and that is intentionally saved, transmitted, or organized on an
38electronic medium, depicting a child under 16 years of age engaged
39in an act of sexual conduct, shall immediately, or as soon as
40practicably possible, telephonically report the instance of suspected
P22   1abuse to the law enforcement agency located in the county in which
2the images or materials are seen. As soon as practicably possible
3after receiving the information concerning the incident, the reporter
4shall prepare and send, fax, or electronically transmit a written
5followup report of the incident with a brief description of the
6images or materials.

7(3) For purposes of this article, “commercial computer
8technician” includes an employee designated by an employer to
9receive reports pursuant to an established reporting process
10authorized by subparagraph (B) of paragraph (43) of subdivision
11(a) of Section 11165.7.

12(4) As used in this subdivision, “electronic medium” includes,
13but is not limited to, a recording, CD-ROM, magnetic disk memory,
14magnetic tape memory, CD, DVD, thumbdrive, or any other
15computer hardware or media.

16(5) As used in this subdivision, “sexual conduct” means any of
17the following:

18(A) Sexual intercourse, including genital-genital, oral-genital,
19anal-genital, or oral-anal, whether between persons of the same or
20opposite sex or between humans and animals.

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

22(C) Masturbation for the purpose of sexual stimulation of the
23viewer.

24(D) Sadomasochistic abuse for the purpose of sexual stimulation
25of the viewer.

26(E) Exhibition of the genitals, pubic, or rectal areas of a person
27for the purpose of sexual stimulation of the viewer.

28(f) Any mandated reporter who knows or reasonably suspects
29that the home or institution in which a child resides is unsuitable
30for the child because of abuse or neglect of the child shall bring
31the condition to the attention of the agency to which, and at the
32same time as, he or she makes a report of the abuse or neglect
33pursuant to subdivision (a).

34(g) Any other person who has knowledge of or observes a child
35whom he or she knows or reasonably suspects has been a victim
36of child abuse or neglect may report the known or suspected
37instance of child abuse or neglect to an agency specified in Section
3811165.9. For purposes of this section, “any other person” includes
39a mandated reporter who acts in his or her private capacity and
P23   1not in his or her professional capacity or within the scope of his
2or her employment.

3(h) When two or more persons, who are required to report,
4jointly have knowledge of a known or suspected instance of child
5abuse or neglect, and when there is agreement among them, the
6telephone report may be made by a member of the team selected
7by mutual agreement and a single report may be made and signed
8by the selected member of the reporting team. Any member who
9has knowledge that the member designated to report has failed to
10do so shall thereafter make the report.

11(i) (1) The reporting duties under this section are individual,
12and no supervisor or administrator may impede or inhibit the
13reporting duties, and no person making a report shall be subject
14to any sanction for making the report. However, internal procedures
15to facilitate reporting and apprise supervisors and administrators
16of reports may be established provided that they are not inconsistent
17with this article. An internal policy shall not direct an employee
18to allow his or her supervisor to file or process a mandated report
19under any circumstances.

20(2) The internal procedures shall not require any employee
21required to make reports pursuant to this article to disclose his or
22her identity to the employer.

23(3) Reporting the information regarding a case of possible child
24abuse or neglect to an employer, supervisor, school principal,
25school counselor, coworker, or other person shall not be a substitute
26for making a mandated report to an agency specified in Section
2711165.9.

28(j) (1) A county probation or welfare department shall
29immediately, or as soon as practicably possible, report by
30telephone, fax, or electronic transmission to the law enforcement
31agency having jurisdiction over the case, to the agency given the
32responsibility for investigation of cases under Section 300 of the
33Welfare and Institutions Code, and to the district attorney’s office
34every known or suspected instance of child abuse or neglect, as
35defined in Section 11165.6, except acts or omissions coming within
36subdivision (b) of Section 11165.2, or reports made pursuant to
37Section 11165.13 based on risk to a child that relates solely to the
38inability of the parent to provide the child with regular care due
39to the parent’s substance abuse, which shall be reported only to
40the county welfare or probation department. A county probation
P24   1or welfare department also shall send, fax, or electronically transmit
2a written report thereof within 36 hours of receiving the information
3concerning the incident to any agency to which it makes a
4telephone report under this subdivision.

5(2) A county probation or welfare department shall immediately,
6and in no case in more than 24 hours, report to the law enforcement
7agency having jurisdiction over the case after receiving information
8that a child or youth who is receiving child welfare services has
9been identified as the victim of commercial sexual exploitation,
10as defined in subdivision (d) of Section 11165.1.

11(3) When a child or youth who is receiving child welfare
12services and who is reasonably believed to be the victim of, or is
13at risk of being the victim of, commercial sexual exploitation, as
14defined in Section 11165.1, is missing or has been abducted, the
15county probation or welfare department shall immediately, or in
16no case later than 24 hours from receipt of the information, report
17the incident to the appropriate law enforcement authority for entry
18into the National Crime Information Center database of the Federal
19Bureau of Investigation and to the National Center for Missing
20and Exploited Children.

21(k) A law enforcement agency shall immediately, or as soon as
22practicably possible, report by telephone, fax, or electronic
23transmission to the agency given responsibility for investigation
24of cases under Section 300 of the Welfare and Institutions Code
25and to the district attorney’s office every known or suspected
26instance of child abuse or neglect reported to it, except acts or
27omissions coming within subdivision (b) of Section 11165.2, which
28shall be reported only to the county welfare or probation
29department. A law enforcement agency shall report to the county
30welfare or probation department every known or suspected instance
31of child abuse or neglect reported to it which is alleged to have
32occurred as a result of the action of a person responsible for the
33child’s welfare, or as the result of the failure of a person responsible
34for the child’s welfare to adequately protect the minor from abuse
35when the person responsible for the child’s welfare knew or
36reasonably should have known that the minor was in danger of
37abuse. A law enforcement agency also shall send, fax, or
38electronically transmit a written report thereof within 36 hours of
39receiving the information concerning the incident to any agency
40to which it makes a telephone report under this subdivision.

P25   1begin insert

begin insertSEC. 6.end insert  

end insert
begin insert

Section 4.5 of this bill incorporates amendments to
2Section 11165.7 of the Penal Code proposed by both this bill and
3Assembly Bill 1997. It shall only become operative if (1) both bills
4are enacted and become effective on or before January 1, 2017,
5(2) each bill amends Section 11165.7 of the Penal Code, and (3)
6this bill is enacted after Assembly Bill 1997, in which case Section
74 of this bill shall not become operative.

end insert
8

begin deleteSEC. 6.end delete
9
begin insertSEC. 7.end insert  

No reimbursement is required by this act pursuant to
10Section 6 of Article XIII B of the California Constitution because
11the only costs that may be incurred by a local agency or school
12district will be incurred because this act creates a new crime or
13infraction, eliminates a crime or infraction, or changes the penalty
14for a crime or infraction, within the meaning of Section 17556 of
15the Government Code, or changes the definition of a crime within
16the meaning of Section 6 of Article XIII B of the California
17Constitution.



O

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