BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1207|
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THIRD READING
Bill No: AB 1207
Author: Lopez (D), et al.
Amended: 9/4/15 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 6/23/15
AYES: Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/27/15
AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen
ASSEMBLY FLOOR: 77-0, 5/7/15 (Consent) - See last page for
vote
SUBJECT: Mandated child abuse reporting: child day care
personnel: training
SOURCE: Child Care Law Center
DIGEST: This bill requires all licensed child care providers,
administrators, and employees of licensed child day care
facilities to complete training in the identification and
reporting of child abuse and neglect under the child abuse
reporting laws, as specified.
Senate Floor Amendments of 9/4/15 change references of
"mandatory reporter training" to "mandated" reporter training in
three places, all relevant to mandated reporting for child abuse
and neglect.
ANALYSIS:
AB 1207
Page 2
Existing law:
1) Establishes the Child Abuse and Neglect Reporting Act
("CANRA"), which generally is intended to protect children
from abuse and neglect. (Penal Code § 11164.)
2) Requires mandated reporters to make reports of suspected
child abuse or neglect, as specified. (Penal Code §
11165.9.)
3) Enumerates 44 categories of mandated child abuse reporters.
(Penal Code § 11165.7.)
4) 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).)
5) 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).)
6) 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).)
AB 1207
Page 3
7) 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).)
8) 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).)
9) Authorizes, generally, 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).)
This bill:
1) Deletes the requirement that specified child day care
personnel have at least 15 hours of health and safety
training that includes the identification and reporting of
"signs and symptoms" of child abuse.
2) Requires a child care licensee applicant on and after
January 1, 2018, 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 to take training in the
duties of mandated reporters during the first 90 days when he
or she is employed by the facility, as specified.
AB 1207
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3) Requires a person who becomes a licensee, administrator, or
employee of a licensed child day care facility to take
renewed mandated reporter training every two years, as
specified. The training shall include, but not necessarily be
limited to, training in child abuse and neglect
identification and child abuse and neglect reporting.
4) Requires the Department of Social Services (DSS) to do all
of the following:
a) Make information available to all licensed child day
care providers, administrators, and employees of licensed
child day care facilities regarding detecting and
reporting child abuse and neglect.
b) Provide training including statewide guidance on the
responsibilities of a mandated reporter who is a licensed
day care provider or an applicant for that license,
administrator, or employee of a licensed child day care
facility, as specified.
c) Provide the guidance using its free module or modules
provided on the DSS Internet Web site or as otherwise
specified by DSS. This guidance content shall include, but
is not necessarily limited to, all of the following:
i) Information on the identification of child abuse
and neglect, including behavioral signs or abuse and
neglect.
ii) 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.
AB 1207
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iii) 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.
iv) Information that mandated reporting duties are
individual and cannot be impeded, subject to penalty,
as specified; and
v) 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.
d) Provide training, including information about child
safety and maltreatment prevention using its free training
module or modules, as specified.
5) Requires that, "on or before March 30, 2018, a person who,
on January 1, 2018, is a licensed child care provider,
administrator, or employee of a licensed child day care
facility shall complete the mandated reporter training
pursuant to this subdivision, and shall complete renewal
mandated reporter training every two years following the date
on which he or she completed the initial mandated reporter
training."
6) Requires that, on and after January 1, 2018, a person who
applies for a license to be a provider of a child day care
facility shall complete the mandated reporter training
specified in this bill as a precondition to licensure and
shall complete renewal mandated reporter training every two
years following the date on which he or she completed the
initial mandated reporter training.
AB 1207
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7) Requires that, on "and after January 1, 2018, a person who
becomes an administrator or employee of a licensed child day
care facility shall complete the mandated reporter training
specified in this bill within the first 90 days that he or
she is employed at the facility and shall complete renewal
mandated reporter training every two years following the date
on which he or she completed the initial mandated reporter
training."
8) Requires that a "the licensee of a licensed child day care
facility shall obtain proof from an administrator or employee
of the facility that the person has completed mandated
reporter training in compliance with this subdivision."
9) Requires a licensed child day care provider, administrator,
or employee of a licensed child day care facility who does
not use the online training module provided by DSS to report
to, and obtain approval from, DSS regarding the training that
person shall use in lieu of the online training module.
10)Requires that current proof of completion for each licensed
child care provider or applicant for that license,
administrator, and employee of a licensed child day care
facility be submitted to DSS upon inspection of the child day
care facility or upon request by DSS.
11)Requires DSS to issue a notice of deficiency at the time of
a site visit to the licensee of a licensed child day care
facility who is not in compliance with this section. The
licensee shall, at the time DSS issues the notice of
deficiency, develop a plan to correct the deficiency within
45 days.
12)Provides that a licensed child care provider or applicant
for that license, an 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
AB 1207
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or her primary language.
13)Provides that these provisions become operative on January
1, 2018.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
According to the Senate Appropriations Committee:
One-time minor costs (General Fund) for DSS to develop and
adopt regulations.
Minor ongoing workload for DSS to disseminate information and
offer the training course online.
SUPPORT: (Verified9/4/15)
American Federation of State, County and Municipal Employees
California Child Care Health Program
California State Council of Service Employees
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
Several individuals
OPPOSITION: (Verified9/4/15)
None received
AB 1207
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ARGUMENTS IN SUPPORT: The author states in part, "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. . . ."
ASSEMBLY FLOOR: 77-0, 5/7/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,
Bonilla, Bonta, Brough, Brown, Burke, Calderon, Chang, Chau,
Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly,
Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina
Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,
Gordon, Gray, Grove, Hadley, Harper, Holden, Irwin, Jones,
Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,
Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,
Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,
Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark
Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams,
Wood, Atkins
NO VOTE RECORDED: Campos, Roger Hernández, Steinorth
Prepared by:Alison Anderson / PUB. S. /
9/8/15 16:19:39
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AB 1207
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