BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  April 21, 2015
          Chief Counsel:     Gregory Pagan

                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY


                                  Bill Quirk, Chair





          AB  
                     1207 (Lopez) - As Introduced  February 27, 2015



          
          SUMMARY:  Requires a child day care licensee applicant to take  
          training in the duties of mandated reporters under the Child  
          Abuse and Neglect Reporting Act (CANRA) as a condition of  
          licensure, and requires child day care administrators and  
          employees to take mandated reporter training within the first  
          six weeks of employment.  Specifically, this bill:   

          1)Requires the Office of Child Abuse Prevention (OCAP) within  
            the Department of Social Services (DSS) in consultation with  
            Community Care Licensing Division within DSS to do all of the  
            following:

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

             b)   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 CANRA.  These guidelines shall include, but  
               is not necessarily limited to, both of the following:

               i)     Information on the identification of child abuse and  
                 neglect; and,








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               ii)    Reporting requirements for child abuse and neglect.

             c)   Develop appropriate means of instruction 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 employees of a licensed child day care  
               facility is required to take, including, but not limited  
               to, using the free online Mandated Reporter "General  
               Training Module" and "Child Care Professionals Training  
               Module" provided by the OCAP.

          2)Provides that a child care licensee shall do both of the  
            following:

             a)   Complete training, as specified, using the online  
               training model provided by the OCAP and provide the  
               training to their administrators, employees, and persons  
               working on their behalf, who are mandated reporters of  
               suspected child abuse and neglect, of 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 mandated reporter training during the  
               first six weeks of employment.  This training shall include  
               information that failure to failure to report an incident  
               of known or reasonably suspected child abuse or neglect, 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)   States that a child care licensee, administrator, or  
               employee of licensed child day care facility shall take  
               required the training as frequently as prescribed by  
               regulations adopted by DSS.

          3)Requires the OCAP to develop a process for all persons  
            required to receive CANRA training 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  








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            may include, but is not necessarily limited to, a child care  
            licensee applicant obtaining a certificate of completion and  
            submitting the certificate to the DSS prior to acquiring a  
            child care license.  A child care administrator, or employee  
            of a licensed child day care facility shall submit a current  
            certificate of completion to the child care director or the  
            licensee within six weeks of employment.  A current  
            certificate of completion for each child day care licensee,  
            administrator, or employee of a licensed child day care  
            facility, shall be submitted to the DSS upon inspection of the  
            facility, when proof of other required training is submitted  
            to DSS, or upon request of the DSS.

          4)Requires the DSS to issue a notice of deficiency at the time  
            of a site visit to a licensee who is not in compliance with  
            proof of training requirements.  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 DSS may revoke the facility's license if the facility  
            fails to correct the deficiency within the 90-day period.  

          5)States that 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 DSS shall report to,  
            and obtain approval from the DSS regarding the training that  
            person shall use in lieu of the online training module.

          6)Requires the DSS to adopt regulations to implement the  
            required CANRA training, and proof of completion of training  
            requirements, including, but not limited to, defining "current  
            certificate of completion" and prescribing how frequently a  
            licensee is required to take the training.

          7)Makes conforming cross references.

          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)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).)

          4)Strongly encourages employers to provide their employees who  
            are mandated reporters with training in the duties imposed by  
            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.   








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            Code, § 11165.7, subd. (c).)

          5)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).)

          6)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).)

          7)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, subd. (c).)

          8)Defines "child" under CANRA to mean person under the age of 18  
            years.  (Pen. Code, § 11165.)

          9)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  








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            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, "Although  
            licensees, administrators, and employees of licensed child day  
            care facilities and employees of child care institutions are  
            mandated reporters under California's Child Abuse and Neglect  
            Reporting Act, the law does not require them to complete any  
            training on recognizing the signs of child abuse or neglect or  
            how to comply with mandated reporter requirements.

            "California Community Care Licensing Division requires child  
            care licensee applicants to sign a statement entitled  
            'Statement Acknowledging Requirement to Report Child Abuse.'  
            However, without instruction or guidance on how to recognize  
            the signs of child abuse and neglect, how to support a child  
            and work with a family during or after a report, and how to  
            make a report, many child care providers are unaware of what  
            being a mandated reporter entails.   This bill to adds section  
            1596.8662 to the Health and Safety Code, amends Health and  
            Safety Code section 1596.866 to delete that training in  
            identification and reporting of signs and symptoms of child  
            abuse is optional, and amends Penal Code section 11165.7 to  
            require child care licensees, administrators, and employees of  
            licensed child day care facilities to complete training in how  
            to meet their responsibilities as mandated reporters.

          2)Background Supplied by Author:  Despite their status as  
            "mandated reporters" - professionals who are legally obligated  
            to report suspected abuse or neglect to CPS agencies,  
            California law does not require that child care providers  
            receive any training in recognizing signs of child  
            maltreatment or in how to navigate the complicated reporting  








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            system.<1> The California Penal Code only requires mandated  
            reporters to "sign a statement" attesting to their knowledge  
            of and willingness to comply with the reporting obligation.<2>  
            Pursuant to this law, California Community Care Licensing  
            Division of the California Department of Social Services  
            (Licensing) issues a form to child care licensee applicants  
            entitled "Statement Acknowledging Requirement to Report Child  
            Abuse."<3> The one-and-a-half page form generally informs  
            child care providers that they are mandated reporters, briefly  
            describes what, when, and where to report, and explains that  
            reporters are immune from civil or criminal liability and  
            their identity is confidential. The form also explains the  
            criminal and civil penalties for failure to report.  

            The only information that accompanies the form is in  
            Licensing's orientation training for family child care home  
            licensees and child care center directors. This training  
            touches on the mandatory reporting requirement and lists  
            several agencies to which reports should be directed (law  
            enforcement, CPS or Child Abuse Hotline, and/or Licensing).  
            --------------------------
          <1>
           Cal. Penal Code § 11165.79(a)(10) ("A licensee, an  
          administrator, or an employee of a licensed community care or  
          child care facility" are mandated reporters), (a)(14)("An  
          employee of a child care institution, including but not limited  
          to, foster parents, group home personnel, and personnel of  
          residential care facilities" are mandated reporters), (b)  
          (employers are strongly encouraged, but not required, to train  
          employees who are mandated reporters on their duty to report  
          suspected child abuse or neglect); Cal. Health & Safety Code §  
          1598.866(a)(3)  (required health and safety training for "at  
          least one director or teacher at each day care center, and each  
          family day care home licensee who provides care," may include  
          identification and reporting of signs and symptoms of child  
          abuse).
          <2>
           Cal. Penal Code §11166.5 (a).

          <3>
           Cal. Dep't. Soc. Servs., Statement Acknowledging Requirement to  
          Report Child Abuse, available at  http://bit.ly/ZRCOrD  .








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            Trainees are informed that they must sign and keep a copy of  
            the signed Licensing form on file. The orientation training is  
            only required to be taken by child care licensees and child  
            care center directors - child care staff are not required to  
            take the training. Without instruction or guidance on how to  
            recognize the signs of child abuse and neglect, how to support  
            a child, and work with a family during or after a report, or  
            the process of how to make a report, these child care  
            providers can be unaware of what being a mandated reporter  
            entails.<4>

            Many child care providers express confusion about their legal  
            reporting obligations.<5> Child care providers who were  
            surveyed statewide described some of the barriers that prevent  
            them from reporting: 50% did not know how to make a CPS  
            report, 65% expressed discomfort because of their close  
            --------------------------
            <4>
           Despite the lack of any training requirement, as a mandated  
          reporter, a child care provider who "fails to report an incident  
          of known or reasonably suspected child abuse or neglect ? 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." Cal.  
          Penal Code, § 11166 (c)). The law does, however, protect child  
          care providers and other mandated reporters if they mistakenly  
          make an unfounded report.  Unless a false report is made  
          intentionally, a child care provider will not be civilly or  
          criminally liable. Cal. Penal Code, 11172(a).

            <5>
           See "Child Care Provider Surveys: Child Abuse Training Needs"  
          (2013) available at  
           http://childcarelaw.org/resource/recognize-and-report-child-care- 
          providers-have-the-power-to-prevent-child-abuse/  ; "Child Care  
          Provider Survey Opinions on Training to Recognize and Report  
          Signs of Child Abuse and Neglect" (2015) (online survey  
          distributed in English and Spanish to California child care  
          providers. 178 child care providers responded, of whom 44% were  
          family child care home providers and 46% worked in child care  
          centers), available at  
          http://childcarelaw.org/resource/recognize-and-report-child-care- 
          providers-have-the-power-to-prevent-child-abuse-survey-results/.







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            relationship with the families they serve, 36% feared being  
            accused of the abuse, and 45% feared losing future business.  
            <6> Moreover, a large majority of child care providers-83%-say  
            that they would find training on these issues useful, and 78%  
            feel that it should be required.<7> 

            Proper CPS intervention following a CPS report is a key  
            deterrent to recurring child abuse and neglect.<8> A required  
            comprehensive training in recognizing and reporting child  
            abuse and neglect will offer child care providers tools for  
            supporting families, including those who present risk factors  
            for child maltreatment, possibly preventing child abuse before  
            it occurs. It will also empower child care providers to become  
            --------------------------
            <6>
           See "Child Care Provider Survey Opinions on Training to  
          Recognize and Report Signs of Child Abuse and Neglect" (2015),  
          available at  
          http://childcarelaw.org/resource/recognize-and-report-child-care- 
          providers-have-the-power-to-prevent-child-abuse-survey-results/.
            <7>
           "Id.
            <8>
           See Victor Vieth, Unto the Third Generation: A Call to End  
          Child Abuse in the United States Within 120 Years, Journal of  
          Aggression, Maltreatment & Trauma (2004) 14-17, available at  
           http://bit.ly/1tHw38I  ; see Victor Vieth et al., Lessons From  
          Penn State: A Call to Implement a new Pattern of Training for  
          Mandated Reporters and Child Protection Professionals  1, 5  
          Centerpiece, Vol. 3, Issues 3 &4 (2012), available at  
           http://bit.ly/1tUasuG  ; see Aileen McKenna, Reluctant to Report:  
          The Mandated Reporter Practices of Child Care Providers, Western  
          Michigan University (2010) 1 (Ph.D. dissertation explaining why  
          child care providers are the professionals least likely to  
          report suspected child abuse and neglect. McKenna states "the  
          failure to report abuse and neglect can have fatal consequences  
                                                                                   (Besharov, 1990). Studies in Texas, Colorado, and North Carolina  
          revealed that over 40% of child fatalities attributed  
          specifically to child maltreatment had not been reported prior  
          to their death. This was despite the fact that these children  
          had been seen by a public or private agency around the time of  
          their death).








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            proactive reporters when they recognize signs of abuse and  
            neglect, helping eradicate child abuse, and in turn  
            dramatically reduce costs to the state for medical and mental  
            health services used by victims of child abuse and neglect.<9>   
            Moreover, training will decrease the number of unsubstantiated  
            reports, sparing agencies from spending limited resources on  
            investigating unfounded allegations or reports containing  
            insufficient information.<10>

            AB 1432 offers a model for similar requirements in the child  
            care setting. Additionally, a free online training for child  
            care providers in English and Spanish already exists on the  
            California Department of Social Services website.<11> 

          3)Prior Legislation:  AB 1432 (Gatto), Chapter 797, Statutes of  
            2014, required annual training in the identification of, and  
            reporting of, known or suspected child abuse and neglect by  
            all school district, county office of education, state special  
            schools, and diagnostic centers operated by the California  
            Department of Education, and charter school personnel within  
            the first six weeks of each school year, or within six weeks  
            of employment.

          REGISTERED SUPPORT / OPPOSITION:

          Support
          ---------------------------
            <9>
           Theresa Dolezal et al., Academy on Violence and Abuse , Hidden  
          Costs in Health Care: The Economic Impact of Violence and Abuse  
          9 (March 2009), available at  http://bit.ly/1tUaZgi

            <10>
           Douglas Besharov, Responding to Child Sexual Abuse: The Need  
          for a Balanced Approach 137, 139-144 Sexual Abuse of Children,  
          Vol. 4, Number 2 (1994), available at  
          http://futureofchildren.org/futureofchildren/publications/docs/04 
          _02_07.pdf.
            <11>
           Cal. Dep't of Social Servs, Child Abuse Mandated Reporter  
          Training California, Child Care Providers, http://bit.ly/1DhYvxY   
          (last visited April 1, 2015).








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          American Federation of State, County and Municipal Employees 
          California Child Care Health Program 
          Child Care Law Center
          Health Officers Association of California
          National Association of Social Workers, California Chapter
          Public Counsel

          One private individual
          
          Opposition

          None


          Analysis Prepared  
          by:              Gregory Pagan / PUB. S. / (916) 319-3744