BILL ANALYSIS Ó
AB 1207
Page 1
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,
AB 1207
Page 2
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
AB 1207
Page 3
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
AB 1207
Page 4
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
AB 1207
Page 5
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.
AB 1207
Page 6
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
AB 1207
Page 7
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
AB 1207
Page 8
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 .
AB 1207
Page 9
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/.
AB 1207
Page 10
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).
AB 1207
Page 11
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).
AB 1207
Page 12
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