California Legislature—2015–16 Regular Session

Assembly Bill No. 1207

Introduced by Assembly Member Lopez

February 27, 2015

An act to amend Section 1596.866 of, and to add Section 1569.8662 to, the Health and Safety Code, and to amend Section 11165.7 of the Penal Code, relating to child abuse reporting.

LEGISLATIVE COUNSEL’S DIGEST

AB 1207, as introduced, Lopez. Mandated child abuse reporting: child day care licensees: training.

Under existing law, the California Child Day Care Facilities Act, the State Department of Social Services licenses and regulates child day care facilities, as defined. The act requires that, as a condition of licensure and in addition to any other required training, at least one director or teacher at each day care center, and each family day care home licensee who provides care, have at least 15 hours of health and safety training, covering specified components, including preventative health practices courses, that may include identification and reporting of signs and symptoms of child abuse. A violation of the act is a misdemeanor.

The Child Abuse and Neglect Reporting Act requires a mandated reporter, including a licensee, an administrator, or an employee of a licensed child day care facility, to report whenever he or she, in his or her professional capacity, has knowledge of or observed a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect.

This bill would require the department to develop and disseminate information to those persons regarding detecting and reporting child abuse, and to provide statewide guidance on the responsibilities of those persons as mandated reporters, as provided. The bill would require those persons, as a condition of licensure, to complete training pertaining to these matters, as provided. By creating a new crime, this bill would impose a state-mandated local program. The bill would make conforming changes.

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:

SECTION 1.  

Section 1596.866 of the Health and Safety Code
is amended to read:

1596.866.  

(a) (1) In addition to other required training, at
least one director or teacher at each day care center, and each
family day care home licensee who provides care, shall have at
least 15 hours of health and safety training, and if applicable, at
least one additional hour of training pursuant to clause (ii) of
subparagraph (C) of paragraph (2).

(2) The training shall include the following components:

(A) Pediatric first aid.

(B) Pediatric cardiopulmonary resuscitation (CPR).

(C) (i) A preventive health practices course or courses that
include instruction in the recognition, management, and prevention
of infectious diseases, including immunizations, and prevention
of childhood injuries.

(ii) For licenses issued on or after January 1, 2016, at least one
director or teacher at each day care center, and each family day
care home licensee who provides care, shall have at least one hour
of childhood nutrition training as part of the preventive health
practices course or courses.

(3) The training may include instruction in sanitary food
handling, emergency preparedness and evacuation, begin insert and end insert caring for
children with special begin delete needs, and identification and reporting of
signs and symptoms of child abuse. end delete begin insert needs. end insert

(b) Day care center directors and licensees of family day care
homes shall ensure that at least one staff member who has a current
course completion card in pediatric first aid and pediatric CPR
issued by the American Red Cross, the American Heart
Association, or by a training program that has been approved by
the Emergency Medical Services Authority pursuant to this section
and Section 1797.191 shall be onsite at all times when children
are present at the facility, and shall be present with the children
when children are offsite from the facility for facility activities.
Nothing in this subdivision shall be construed to require, in the
event of an emergency, additional staff members, who are onsite
when children are present at the facility, to have a current course
completion card in pediatric first aid and pediatric CPR.

(c) (1) The completion of health and safety training by all
personnel and licensees described in subdivision (a) shall be a
condition of licensure.

(2) Training in pediatric first aid and pediatric CPR by persons
described in subdivisions (a) and (b) shall be current at all times.
Training in preventive health practices as described in subparagraph
(C) of paragraph (2) of subdivision (a) is a one-time only
requirement for persons described in subdivision (a).

(3) The department shall issue a provisional license for otherwise
qualified applicants who are not in compliance with this section.
This provisional license shall expire 90 days after the date of
issuance and shall not be extended.

(4) A notice of deficiency shall be issued by the department at
the time of a site visit to any licensee who is not in compliance
with this section. The licensee shall, at the time the notice is issued,
develop a plan of correction to correct the deficiency within 90
days of receiving the notice. The facility’s license may be revoked
if it fails to correct the deficiency within the 90-day period. Section
1596.890 shall not apply to this paragraph.

(d) Completion of the training required pursuant to subdivisions
(a) and (b) shall be demonstrated, upon request of the licensing
agency, by the following:

(1) Current pediatric first aid and pediatric CPR course
completion cards issued by the American Red Cross, the American
Heart Association, or by a training program approved by the
Emergency Medical Services Authority pursuant to Section
1797.191.

(2) (A) A course completion card for a preventive health
practices course or courses as described in subparagraph (C) of
paragraph (2) of subdivision (a) issued by a training program
approved by the Emergency Medical Services Authority pursuant
to Section 1797.191.

(B) Persons who, prior to the date on which the amendments to
this section enacted in 1998 become operative, have completed a
course or courses in preventive health practices as described in
clause (i) of subparagraph (C) of paragraph (2) of subdivision (a),
and have a certificate of completion of a course or courses in
preventive health practices, or certified copies of transcripts that
identify the number of hours and the specific course or courses
taken for training in preventive health practices, shall be deemed
to have met the training in preventive health practices.

(3) In addition to training programs specified in paragraphs (1)
and (2), training programs or courses in pediatric first aid, pediatric
CPR, and preventive health practices offered or approved by an
accredited college or university are considered to be approved
sources of training that may be used to satisfy the training
requirements of paragraph (2) of subdivision (a). Completion of
this training shall be demonstrated to the licensing agency by a
certificate of course completion, course completion cards, or
certified copies of transcripts that identify the number of hours
and the specified course or courses taken for the training as defined
in paragraph (2) of subdivision (a).

(e) The training required under subdivision (a) shall not be
provided by a home study course. This training may be provided
through in-service training, workshops, or classes.

(f) All personnel and licensees described in subdivisions (a) and
(b) shall maintain current course completion cards for pediatric
first aid and pediatric CPR issued by the American Red Cross, the
American Heart Association, or by a training program approved
by the Emergency Medical Services Authority pursuant to Section
1797.191, or shall have current certification in pediatric first aid
and pediatric CPR from an accredited college or university in
accordance with paragraph (3) of subdivision (d).

(g) The department shall have the authority to grant exceptions
to the requirements imposed by this section in order to meet the
requirements of the Americans with Disabilities Act of 1990 (42
U.S.C. Sec. 12101 et seq.).

(h) The department shall adopt regulations to implement this
section.

SEC. 2.  

Section 1569.8662 is added to the Health and Safety
Code, to read:

1569.8662.  

(a) The Office of Child Abuse Prevention within
the department in consultation with the Community Care Licensing
Division in the department, shall do all of the following:

(1) Develop and disseminate information to all licensees,
administrators, and employees of licensed child day care facilities
regarding detecting and reporting child abuse.

(2) Provide statewide guidance on the responsibilities of a
mandated reporter who is a licensee, administrator, or employee
of a licensed child day care facility in accordance with the Child
Abuse and Neglect Reporting Act (Article 2.5 (commencing with
Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code).
This guidance shall include, but is not necessarily limited to, both
of the following:

(A) Information on the identification of child abuse and neglect.

(B) Reporting requirements for child abuse and neglect.

(3) Develop appropriate means of instructing child care
licensees, administrators, and employees of licensed child day care
facilities in detecting child abuse and neglect and the proper action
that a child care licensee, administrator, or employee of a licensed
child day care facility is required to take in a suspected case of
child abuse and neglect, including, but not limited to, using the
free online Mandated Reporter “General Training Module” and
“Child Care Professionals Training Module” provided by the Office
of Child Abuse Prevention.

(b) A child care licensee shall do both of the following:

(1) (A) Complete training as specified in this subparagraph,
using the online training module provided by the Office of Child
Abuse Prevention and provide the training to their administrators,
employees, and persons working on their behalf who are mandated
reporters, as defined in Section 11165.7 of the Penal Code, pursuant
to this section and subdivision (e) of Section 11165.7 of the Penal
Code on the mandated reporting requirements. Completing
mandated reporter training is a condition of licensure, and child
care administrators and employees of licensed child day care
facilities shall take mandated reporter training during the first six
weeks of employment. This training shall include information that
failure to report an incident of known or reasonably suspected
child abuse or neglect, as required by Section 11166 of the Penal
Code, is 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.

(B)  A child care licensee, administrator, or employee of a
licensed child care facility shall take this training as frequently as
prescribed by regulations adopted by the department to implement
this section.

(2) Develop a process for all persons required to receive training
pursuant to this section to obtain proof of completing the training
as a condition of licensure, or within the first six weeks of that
person’s employment. The process may include, but is not
necessarily limited to, a child care licensee applicant obtaining a
current certificate of completion and submitting the certificate to
the department prior to acquiring a child care license. A child care
administrator or employee of licensed child day care facility shall
submit a current certificate of completion to the child care director
or child care licensee within six weeks of employment. A current
certificate of completion for each child care licensee, administrator,
and employee of a licensed child day care facility, shall be
submitted to the department upon inspection of the child care
facility, when proof of other required training is submitted to the
department, or upon request by the department.

(3) The department shall issue a notice of deficiency at the time
of a site visit to a licensee who is not in compliance with this
section. The licensee shall, at the time the notice is issued, develop
a plan of correction to correct the deficiency within 90 days of
receiving the notice. The department may revoke the facility’s
license if the facility fails to correct the deficiency within the
90-day period. Section 1596.890 does not apply to a deficiency
described in this paragraph.

(c) A child care licensee, administrator, or employee of a
licensed child day care facility who does not use the online training
module provided by the department shall report to, and obtain
approval from, the department regarding the training that person
shall use in lieu of the online training module.

(d) The department shall adopt regulations to implement this
section, including, but not limited to, defining “current certificate
of completion” and prescribing how frequently a licensee is
required to take the training.

SEC. 3.  

Section 11165.7 of the Penal Code is amended to read:

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 administrator or employee of a public or private
organization whose duties require direct contact and supervision
of children.

(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.

begin insert

(e) (1) 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 six weeks when
he or she is employed by the facility.

end insert begin insert

(2) A person specified in paragraph (1) shall take the training
regularly, as defined by the regulations adopted pursuant to Section
1596.8662 of the Health and Safety Code. The training shall
include, but not necessarily be limited to, training in child abuse
and neglect identification and child abuse and neglect reporting.

end insert begin delete

(e)

end delete

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

begin delete

(f)

end delete

begin insert ( end insert begin insert g) end insert  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.

SEC. 4.  

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.