BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON PUBLIC SAFETY
                             Senator Loni Hancock, Chair
                                2015 - 2016  Regular 

          Bill No:    AB 1207       Hearing Date:    June 23, 2015    
          
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          |Author:    |Lopez                                                |
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          |Version:   |June 10, 2015                                        |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|AA                                                   |
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              Subject:  Mandated Child Abuse Reporting: Child Day Care  
 
                                Personnel: Training 



          HISTORY

          Source:   Child Care Law Center

          Prior Legislation:  AB 1432 (Gatto), Chapter 797, Statutes of  
          2014

          Support:  American Federation of State, County and Municipal  
                    Employees; California Child Care Health Program;  
                    California State Council of Service Employees (SEIU);  
                    California State PTA; Child Care Law Center; Family  
                    Child Care Alameda County Network; Family Child Care  
                    Association of San Francisco; Health Officers  
                    Association of California; Knowledge Universe; Los  
                    Angeles County Child Death review Team; National  
                    Association of Social Workers, California Chapter;  
                    Public Counsel; The Wolf Pack Family Child Care; two  
                    individuals

          Opposition:None Known

          Assembly Floor Vote:                 77 - 0








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          PURPOSE

          The purpose of this bill is to require that 1) child care  
          licensee applicants take training in the duties of mandated  
          reporters under the child abuse reporting laws as a condition of  
          licensure; 2) child care administrators or employees of a  
          licensed child day care facility take training in the duties of  
          mandated reporters during the first six weeks of employment; and  
          3)  the Office of Child Abuse Prevention and the Community Care  
          Licensing Division within the Department of Social Services  
          provide training for child abuse and neglect detection and  
          reporting to providers, administrators, and employees of  
          licensed child day care facilities, as specified.

          Current law establishes the Child Abuse and Neglect Reporting  
          Act ("CANRA"), which generally is intended to protect children  
          from abuse and neglect.  (Penal Code § 11164.)

          Current law requires mandated reporters to make reports of  
          suspected child abuse or neglect, as specified.  (Penal Code §  
          11165.9.)

          Current law enumerates 44 categories of mandatory child abuse  
          reporters.  (Penal Code § 11165.7.)

          Current law provides that "(e)mployers 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."  (Penal Code § 11165.7(c).)

          Current law provides that except as specified, "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. . . . "  (Penal Code § 11165.7(b).)








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          Current law provides that except as specified, "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. . . .  " (Penal Code § 11165.7(c).)   

          Current law requires school districts, county offices of  
          education, state special schools and diagnostic centers operated  
          by the State Department of Education, and charter schools to  
          "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."  (Penal Code § 11165.7(d).)

          Current law states that "(p)ublic 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."   
          (Penal Code § 11165.7(f).)

          This bill would require a child care licensee applicant to "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," pursuant to the provisions described below.

          This bill additionally would require a child care licensee  
          applicant to "take the training regularly, as defined by the  
          regulations adopted pursuant to (the section added by this  
          bill). The training shall include, but not necessarily be  
          limited to, training in child abuse and neglect identification  
          and child abuse and neglect reporting."

          Current law generally authorizes at least one director or  
          teacher at each day care center, and each family day care home  
          licensee who provides care, to have specified health and safety  
          training in identifying and reporting signs and symptoms of  
          child abuse.  (Health and Safety Code § 1596.866(a)(3).)








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          This bill would delete this provision.


          This bill would require the Office of Child Abuse Prevention  
          ("OCAP") and the Community Care Licensing Division within the  
          department, in consultation, shall do all of the following:

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

          (2)  Provide statewide instruction on the responsibilities of a  
             mandated reporter who is a provider, administrator, or  
             employee of a licensed child day care facility, as specified.  
              OCAP would be required to "provide the instruction using its  
             free online General Training Module and Child Care  
             Professionals Training Module of the Child Abuse Mandated  
             Reporter Training-California project provided on the State  
             Department of Social Services Internet Web site or as  
             otherwise specified by the department. This instruction  
             content shall include, but is not necessarily limited to, all  
             of the following:

          a)Information on the identification of child abuse and neglect,  
            including behavioral signs or
              abuse and neglect.  
          b)When to call for emergency medical attention to prevent  
            further injury or death.
             c)   Reporting requirements for child abuse and neglect,  
               including guidelines on how to make a suspected child abuse  
               report when suspected abuse or neglect takes place outside  
               a child day care facility, or within a child day care  
               facility, and to which enforcement agency or agencies a  
               report is required to be made.
             d)   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.
             e)   Information on protective factors that may help prevent  
               abuse, including dangers of shaking a child, safe sleep  








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               practices, psychological effects of repeated exposure to  
               domestic violence, safe and age-appropriate forms of  
               discipline, how to promote a child's social and emotional  
               health, and how to support positive parent-child  
               relationships.
             f)   Information on recognizing risk factors that may lead to  
               abuse, such as stress and social isolation, and available  
               resources to which a family may be referred to help prevent  
               child abuse and neglect.
             g)   Information on childhood stages of development in order  
               to help distinguish whether a child's behavior or physical  
               symptoms are within range for his or her age and ability,  
               or are signs of abuse or neglect.
             h)   Best practices on how a provider, administrator, or  
               employee of a licensed child day care facility might  
               communicate with a family before and after making a  
               suspected child abuse report."

          (3)  Translate information and instruction materials described  
             in this subdivision into non- English languages spoken by a  
             substantial number of child care providers, administrators,  
             and employees of licensed child day care facilities, as  
             specified.  

          This bill would require that, "on or before March 30, 2017, a  
          person who, on January 1, 2017, is a provider, administrator, or  
          employee of a licensed child day care facility shall complete  
          mandated reporter training pursuant to this subdivision, and  
          shall complete renewal mandated reporter training every three  
          years following the date on which he or she completed the  
          initial mandated reporter training."

          This bill would require that, on "and after January 1, 2017, a  
          person who applies for a license to be a provider of a child day  
          care facility shall complete mandatory reporter training  
          pursuant to this subdivision as a precondition to licensure and  
          shall complete renewal mandatory reporter training every three  
          years following the date on which he or she completed the  
          initial mandatory reporter training."

          This bill would require that, on "and after January 1, 2017, a  
          person who becomes an administrator or employee of a licensed  
          child day care facility shall complete mandatory reporter  
          training pursuant to this subdivision within the first 90 days  








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          that he or she is employed at the facility and shall complete  
          renewal mandatory reporter training every three years following  
          the date on which he or she completed the initial mandatory  
          reporter training."

          This bill would require that a "provider of a licensed child day  
          care facility shall obtain proof from an administrator or  
          employee of the facility that the person has completed mandatory  
          reporter training in compliance with this subdivision."

          This bill would require that training pursuant to this provision  
          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 . . . $1,000, or by both that imprisonment and  
          fine.

          This bill would require a person taking training pursuant to  
          this provision to complete the training using the online  
          training module provided by OCAP.

          This bill would require a provider, administrator, or employee  
          of a licensed child day care facility who does not use the  
          online training module provided by OCAP to report to, and obtain  
          approval from, OCAP regarding the training that person shall use  
          in lieu of the online training module.

          This bill would require that current proof of completion for  
          each child care provider, administrator, and employee of a  
          licensed child day care facility, be submitted to the Department  
          of Social Services ("DSS") upon inspection of the child day care  
          facility, when proof of other required training is submitted to  
          DSS, or upon request by DSS.

          This bill would require DSS to issue a notice of deficiency at  
          the time of a site visit to a provider of a licensed child day  
          care facility who is not in compliance with this section.  The  
          provider would be required, at the time the notice is issued, to  
          develop a plan of correction to correct the deficiency within 90  
          days of receiving the notice.  DSS would be authorized to revoke  
          the facility's license if the facility fails to correct the  
          deficiency within the 90-day period, as specified.









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          This bill would provide that a provider, administrator, or  
          employee of a licensed child care facility would be exempt from  
          the detecting and reporting child abuse training if he or she  
          has limited English proficiency and training is not made  
          available in his or her primary language.

          This bill would require DSS to adopt regulations to implement  
          this section.

          This bill would provide that these provisions would become  
          operative on January 1, 2017.





                    RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION

          For the past eight years, this Committee has scrutinized  
          legislation referred to its jurisdiction for any potential  
          impact on prison overcrowding.  Mindful of the United States  
          Supreme Court ruling and federal court orders relating to the  
          state's ability to provide a constitutional level of health care  
          to its inmate population and the related issue of prison  
          overcrowding, this Committee has applied its "ROCA" policy as a  
          content-neutral, provisional measure necessary to ensure that  
          the Legislature does not erode progress in reducing prison  
          overcrowding.   

          On February 10, 2014, the federal court ordered California to  
          reduce its in-state adult institution population to 137.5% of  
          design capacity by February 28, 2016, as follows:   

              143% of design bed capacity by June 30, 2014;

              141.5% of design bed capacity by February 28, 2015; and,

              137.5% of design bed capacity by February 28, 2016. 

          In February of this year the administration reported that as "of  
          February 11, 2015, 112,993 inmates were housed in the State's 34  
          adult institutions, which amounts to 136.6% of design bed  
          capacity, and 8,828 inmates were housed in out-of-state  
          facilities.  This current population is now below the  








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          court-ordered reduction to 137.5% of design bed capacity."(  
          Defendants' February 2015 Status Report In Response To February  
          10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman  
          v. Brown, Plata v. Brown (fn. omitted).

          While significant gains have been made in reducing the prison  
          population, the state now must stabilize these advances and  
          demonstrate to the federal court that California has in place  
          the "durable solution" to prison overcrowding "consistently  
          demanded" by the court.  (Opinion Re: Order Granting in Part and  
          Denying in Part Defendants' Request For Extension of December  
          31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court,  
          Coleman v. Brown, Plata v. Brown (2-10-14).  The Committee's  
          consideration of bills that may impact the prison population  
          therefore will be informed by the following questions:

              Whether a proposal erodes a measure which has contributed  
               to reducing the prison population;

              Whether a proposal addresses a major area of public safety  
               or criminal activity for which there is no other  
               reasonable, appropriate remedy;

              Whether a proposal addresses a crime which is directly  
               dangerous to the physical safety of others for which there  
               is no other reasonably appropriate sanction; 

              Whether a proposal corrects a constitutional problem or  
               legislative drafting error; and

              Whether a proposal proposes penalties which are  
               proportionate, and cannot be achieved through any other  
               reasonably appropriate remedy.









          COMMENTS









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          1.Stated Need for This Bill

          The author states in part:

               . . .  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 system despite their status as  
               "mandated reporters" - professionals who are legally  
               obligated to report suspected abuse or neglect to CPS  
               agencies.  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.  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."  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). 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, mandated  
               reporters in child care facilities can be unaware of  
               what being a mandated reporter entails. 








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               Many child care providers express confusion about  
               their legal reporting obligations.  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 relationship with  
               the families they serve, 36% feared being accused of  
               the abuse, and 45% feared losing future business.    
               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.  

               Proper CPS intervention following a CPS report is a  
               key deterrent to recurring child abuse and neglect.  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 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.  Moreover,  
               training will decrease the number of unsubstantiated  
               reports, sparing agencies from spending limited  
               resources on investigating unfounded allegations or  
               reports containing insufficient information. 

               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. . . .

          2.What This Bill Would Do

          As explained above, this bill would impose specified  
          training requirements for child care providers concerning  
          detecting and reporting child abuse or neglect, and would  
          require state entities to provide training, and impose  








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          license-related consequences for the violation of the  
          bill's requirements, as specified.

          Current law defines "mandated reporter" under CANRA with an  
          extensive list of employee classifications (such as  
          teachers, doctors, firefighters, counselors, etc.) and  
          individuals, such as foster parents.  The list includes a  
          licensee, administrator, or employee of a licensed  
          community care or child day care facility, or a Head Start  
          program teacher.

          Current law also strongly encourages employers to provide  
          their employees who are mandated reporters with training in  
          the duties imposed by CANRA.   

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