BILL ANALYSIS Ó
AB 1001
Page 1
Date of Hearing: April 7, 2015
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Bill Quirk, Chair
AB
1001 (Maienschein) - As Introduced February 26, 2015
As Proposed to be Amended in Committee
SUMMARY: Prohibits a person from impeding or interfering with
the making of a report of suspected child abuse or neglect under
the Child Abuse and Neglect Reporting Act (CANRA).
Specifically, this bill:
1)Prohibits a person from impeding or interfering with the
making of a report of suspected child abuse or neglect under
CANRA.
2)Provides that a person who intentionally impedes or interferes
with a report of suspected child abuse being made is guilty of
a misdemeanor punishable by imprisonment in a county jail not
to exceed six months, or by a fine not to exceed one thousand
($1,000), or by both.
EXISTING LAW:
1)Defines "mandated reporter" under CANRA as any of the
following: a teacher; an instructional aide; a teacher's aide
or teacher's assistant employed by any public or private
school; a classified employee of any public school; an
administrative officer or supervisor of child welfare and
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attendance, or a certificated pupil personnel employee of any
public or private school; an administrator of a public or
private day camp; an administrator or employee of a public or
private youth center, youth recreation program, or youth
organization; an administrator or employee of a public or
private organization whose duties require direct contact and
supervision of children; any 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; a licensee, an administrator, or an employee of a
licensed community care or child day care facility; a Head
Start program teacher; a licensing worker or licensing
evaluator employed by a licensing agency as defined; a public
assistance worker; an employee of a child care institution,
including, but not limited to, foster parents, group home
personnel, and personnel of residential care facilities; a
social worker, probation officer, or parole officer; an
employee of a school district police or security department;
any person who is an administrator or presenter of, or a
counselor in, a child abuse prevention program in any public
or private school; a district attorney investigator,
inspector, or local child support agency caseworker unless the
investigator, inspector, or caseworker is working with an
attorney appointed to represent a minor; a peace officer, as
defined, who is not otherwise described in this section; a
firefighter, except for volunteer firefighters; 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 as a health care
professional as specified; any emergency medical technician I
or II, paramedic, or other person certified to provide
emergency medical services; a registered psychological
assistant; a marriage and family therapist trainee, as
defined; a registered unlicensed marriage and family therapist
intern; a state or county public health employee who treats a
minor for venereal disease or any other condition; a coroner;
a medical examiner, or any other person who performs
autopsies; a commercial film and photographic print processor,
as defined; a child visitation monitor, as defined; an animal
control officer or humane society officer, as defined; a
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clergy member, as defined; any custodian of records of a
clergy member, as specified; any employee of any police
department, county sheriff's department, county probation
department, or county welfare department; an employee or
volunteer of a Court Appointed Special Advocate program, as
defined; any custodial officer, as defined; any person
providing services to a minor child, as specified; an alcohol
and drug counselor, as defined; a clinical counselor trainee,
as defined; and a registered clinical counselor intern. (Pen.
Code, § 11165.7, subd. (a).)
2)Provides that 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. (Pen. Code, § 11166, subd. (h).)
3)States that the reporting duties under CANRA are individual
and no supervisor or administrator may impede or inhibit the
reporting duties, and no person making a report shall be
subject to sanction for making the report. However, internal
procedures to facilitate reporting and apprise supervisors and
administrators of reports may be established provided they are
not inconsistent with CANRA. (Pen. Code, § 11166, subd.
(i)(1).)
4)Provides that volunteers of public or private organizations,
except a volunteer of a Court Appointed Special Advocate
program, 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 a specified agency. (Pen. Code, §
11165.7, subd. (b).)
5)Strongly encourages employers to provide their employees who
are mandated reporters with training in the duties imposed by
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CANRA. 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 a statement
that informs the employee that he or she is a mandated
reporter and informs the employee of his or her reporting
obligations and of his or her confidentiality rights. (Pen.
Code, § 11165.7, subd. (c).)
6)Encourages public and private organizations 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. (Pen. Code, §
11165.7, subd. (f).)
7)Requires a mandated reporter 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. The mandated reporter shall
make an initial report to the agency immediately or as soon as
is practicably possible by telephone and the mandated reporter
shall prepare and send, fax, or electronically transmit a
written follow-up report thereof 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. (Pen. Code, § 11166, subd. (a).)
8)Provides that any 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 a
specified agency discovers the offense. (Pen. Code, § 11166,
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subd. (c).)
9)Provides that any supervisor or administrator who interferes
or inhibits a mandated reporter from reporting suspected child
abuse or neglect shall be punished by not more than six months
in a county jail, by a fine of not more than one thousand
dollars ($1,000), or by both imprisonment and a fine. (Pen.
Code, § 11166.01, subd. (a).)
10)Defines "child" under CANRA to mean person under the age of
18 years. (Pen. Code, § 11165.)
11)Defines "child abuse or neglect" under CANRA to include
physical injury or death inflicted by other than accidental
means upon a child by another person, sexual abuse as defined,
neglect as defined, the willful harming or injuring of a child
or the endangering of the person or health of a child as
defined, and unlawful corporal punishment or injury as
defined. "Child abuse or neglect" does not include a mutual
affray between minors. "Child abuse or neglect" does not
include an injury caused by reasonable and necessary force
used by a peace officer acting within the course and scope of
his or her employment as a peace officer. (Pen. Code, §
11165.6.)
FISCAL EFFECT: Unknown
COMMENTS:
1)Author's Statement: According to the author, "Unlike many
other states, California law does not explicitly spell out
consequences for those who interfere with a mandated
reporter's duty to notify the proper authorities of suspected
incidences of child abuse or neglect. Mandated reporting of
child abuse and neglect is a critical system designed to
protect our state's most vulnerable children. However, social
workers who work for private, non-profit foster family
agencies ('FFAs') and one teacher have confidently reported
that supervisors at FFAs will override mandated reporting.
"Mandated reporters should have a clear path to reporting and
eliminating child abuse and neglect without interference. AB
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1001 will allow for accountability, and reasonable punishment
for those who make this impossible, improving out chance at
identifying and eliminating child abuse within our state."
2)As Proposed to be Amended in Committee. Committee staff has
suggested to the author that the bill be amended in Committee
to delete language that would have, specifically, created a
statutory cause of action for actual damages sustained by a
victim of child abuse or neglect for any abuse or neglect that
occurs after a person impeded or interfered with the report
being made. Under existing law, Penal Code Section 11166 (a)
makes it a misdemeanor for a mandated reporter to fail to
report a suspected incident of child abuse or neglect. This
section does not provide for a statutory cause of action for
damages against a mandated reporter for failing to make a
legally required report. Likewise, Penal Code Section
11166.01 (a) makes it a misdemeanor for a supervisor or
administrator to impede or inhibit a mandated reporter from
making a mandated report of suspected child abuse neglect.
Section 11166.01 (a), also, does not provide for a statutory
cause of action for damages against a supervisor or
administrator that interferes or inhibits a mandated report
form being made. The newly created section in this bill
should conform with existing law which only provides for
criminal liability for failing to make a mandated report, or
interfering or impeding a mandated reporter from performing
his or her duty, and does not, specifically, create a
statutory civil cause of action for damages sustained by a
victim of child abuse or neglect against a mandated reporter,
or a supervisor or administrator that interfered in the making
of a report.
3)Argument in Support: The California Association of Private
School Organizations writes that, "We believe AB 1001 proposes
a sensible means of facilitating compliance with the laws
governing mandated reporters of suspected acts of child abuse
or neglect. Suspecting persons who intentionally impeded of
interfere with the obligatory reporting of such acts to
possible punitive action and personal liability is likely, in
our view to lower the incidence of obstruction, and
correspondingly reduce institutional culpability. Most
importantly, a greater number of victims will receive the
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assistance they require.
"In a school setting, teachers and other personnel may often
seek the advisement of principals and/or other administrators
to help ascertain whether, in the view of such persons,
particular evidence is deemed sufficient to invoke the
mandate. It would be inopportune to see administrators refuse
to engage in such discussions for fear of inviting a
subsequent charge of obstruction. We therefore suggest that
the committee, together with the author, devote consideration
to clarifying what constitutes 'impeding' and 'interfering,'
as well as how it can be ascertained that such actions are
'intentional.'"
4)Argument in Opposition: The California Attorneys for Criminal
Justice argues that "The proposed addition to P.C. 11166,
subsection (l), criminalizes any interference with a 'mandated
reporter' under the Child Abuse and Reporting Act. (Penal
Code section 11164 through Penal Code 11174.3.) In
particular, Penal Code § 11165.7 details who is a 'mandated
reporter.' The term 'mandated reporter' includes, among
others, teachers, social workers, district attorney
investigators, psychologists, psychiatrists and dentists.
Most of these classifications are either professionals or
people who have had special training in working with children.
. . .
"The average citizen does not have special training in child
care or special training in the reporting requirements of
Penal Code § 11166. As such, they cannot always be reasonably
expected to understand why and when these reports must be
made. All the more so when this law has such a broad
reporting requirement.
"Is a mother, who knows that her daughter fell on the ground,
interfering with a report by pointing out the truth to a
mandated reporter? What does it mean to impede a report? The
broad nature of these terms could unintentionally criminalize
innocent conduct including a parent's natural tendency to
defend their children and their spouses.
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"Amending Penal Code § 11166 is not necessary. As currently
written, Penal Code § 11166 already gives strong incentives to
report child abuse. If a mandated reporter does not report
suspected child abuse, she faces up to 6 months in jail.
(Cal. Penal Code 11166(c).) IN most cases, these people will
also lose their job, their professional reputation, and their
standing in the community. As a result, mandated reporters
have always been very active."
REGISTERED SUPPORT / OPPOSITION:
Support
Children's Advocacy Institute (Sponsor)
California Association of Private School Organizations
California District Attorneys Association
California State Sheriffs' Association
Crime Victims United
Junior Leagues of California
Opposition
California Attorneys for Criminal Justice
California Public Defenders Association
Analysis Prepared
by: Gregory Pagan / PUB. S. / (916) 319-3744
AB 1001
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