BILL ANALYSIS Ó
AB 2018
Page 1
Date of Hearing: April 12, 2016
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Jose Medina, Chair
AB 2018
(Ridley-Thomas) - As Introduced February 16, 2016
SUBJECT: Mandated Child Abuse Reporting Employee Training Act
of 2016.
SUMMARY: Establishes the Mandated Child Abuse Reporting
Employee Training Act of 2016. Specifically, this bill:
1)Specifies that the Act is established in order to provide
information, statewide guidance, and training to each employee
and administrator of a community college district (CCD) who is
a mandated reporter, as defined, regarding the detection and
reporting of child abuse.
2)Requires the California Community Colleges (CCC) Board of
Governors, in consultation with the Office of Child Abuse
Prevention in the California Department of Social Services
(CDSS), to do all of the following:
a) Develop and disseminate information to each employee and
administrator of a CCD who is a mandated reporter, as
defined, regarding the detection and reporting of child
abuse;
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b) Provide statewide guidance on the responsibilities of
mandated reporters, who are employees and administrators of
a CCD, in accordance with the Child Abuse and Neglect
Reporting Act (CANRA), as defined. This guidance shall
include, but not necessarily be limited to, both of the
following:
i) Information on the identification of child abuse and
neglect; and,
ii) Reporting requirements for child abuse and neglect.
c) Develop appropriate means of instructing employees and
administrators of a CCD who are mandated reporters, as
defined, in the detection of child abuse and neglect and
the proper action that these employees and administrators
should take in suspected cases of child abuse and neglect,
including, but not limited to, an online training module to
be provided by CDSS.
3)Requires the governing board of each CCD to do both of the
following:
a) Provide annual training, using the online training
module provided by the CDSS, or as specified, to employees
and administrators of the district who are mandated
reporters, as defined and specified. Mandated reporter
training shall be provided to employees and administrators
of the district hired during the course of the school year.
This training shall include information that failure to
report an incident of known or reasonably suspected child
abuse or neglect, as specified, is a misdemeanor punishable
by up to six months confinement in a county jail, or by a
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fine of $1,000, or by both that imprisonment and fine; and,
b) Develop a process for all persons required to receive
training to provide proof of completing the training within
the first six weeks of each academic year or within the
first six weeks of that person's employment. The process
developed may include, but not necessarily be limited to,
the use of a sign-in sheet or the submission of a
certificate of completion to the applicable governing board
of the CCD.
4)Authorizes CCDs that do not use the CDSS online training
module to report to the California Department of Education
(CDE) what training is being used in its place.
5)Amends CANRA to require that CCDs shall annually train their
employees and administrators, as defined, in the duties of
mandated reporters under the child abuse reporting laws.
Specifies that the training shall include, but not necessarily
be limited to, training in child abuse and neglect
identification and child abuse and neglect reporting.
EXISTING LAW:
1)Establishes CANRA, which generally is intended to protect
children from abuse and neglect (Penal Code (PEN) Section
11164).
2)Provides that employers are strongly encouraged to provide
their employees who are mandated reporters with training in
the duties of reporting, and that the training shall include
training in child abuse and neglect identification and
training in child abuse and neglect reporting. Specifies that
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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 statements informing them that they are
mandated reporters and informing them of their duty to report.
Defines the following types of people as mandated reporters,
among others:
a) 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;
b) Any athletic coach, including, but not limited to, an
assistant coach or graduate assistant involved in coaching,
at public or private postsecondary educational
institutions;
c) A person providing services to a minor child;
d) A teacher;
e) A Head Start program teacher;
f) A social worker, probation officer, or parole officer;
g) A person who is an administrator of presenter of, or
counselor in, a child abuse prevention program in a public
or private school;
h) A peace officer; and,
i) A firefighter, except for volunteer firefighters (PEN
Section 11165.7).
3)Requires any mandated reporter, with the exception of child
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visitation monitors, prior to commencing his or her
employment, and as a prerequisite to that employment, shall
sign a statement on a form provided to him or her by his or
her employer to the effect that he or she has knowledge of the
mandated reporting procedures and will comply with those
provisions; and, specifies the statement shall inform the
employee that he or she is a mandated reporter and inform the
employee of his or her reporting obligations and of his or her
confidentiality rights (PEN Section 11166.5).
FISCAL EFFECT: Unknown
COMMENTS: Child Abuse and Neglect Reporting Act (CANRA). This
Act was passed in 1980; over the years, numerous amendments have
expanded the definition of child abuse and the persons required
to report. Procedures for reporting have also been clarified.
Child abuse and neglect, as defined in CANRA, includes:
physical abuse, sexual abuse (including both sexual assault and
sexual exploitation), willful cruelty or unjustified punishment,
unlawful corporal punishment or injury, and neglect (including
both acts and omissions).
Purpose of this measure. According to the author, there have
been recent changes to the list of mandated reporters, to
include faculty and staff that work on postsecondary educational
institutions. The author contends that, "This impacts the
California Community College system because minors are regularly
on campus either as a student who are dual-enrolled in K-12 and
community college classes or a child who is on campus at a
childcare facility while his or her parent attends class."
The author argues that faculty and staff that are mandated
reporters have not received training on identifying child abuse
or neglect or properly reporting suspected abuse or neglect.
The author states, "The lack of training is a serious problem
because a child who is a victim of abuse or neglect may not
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receive the care he or she needs if an employee who reported the
abuse did not adhere to the requirements of the Child Abuse and
Neglect Reporting Act. Additionally, an employee who reports an
incident of child abuse or neglect may be punished by a fine,
jail time, or both, for not strictly adhering to the Child Abuse
and Neglect Reporting Act."
This measure requires the CCC Chancellor to work with the Office
of Child Abuse and Prevention to create training modules for
community college faculty and staff; requires the governing
board of each CCD to provide annual online training to mandated
reporters employed by that district that includes a reminder
that failure to report suspected child abuse is punishable as a
misdemeanor, fine, or both; and, provides employees with
information regarding best practices for how to recognize child
abuse or neglect on campus, the required reporting procedures,
and penalties for not following these procedures.
To note, the University of California and the California State
University have systemwide policies and trainings in place for
their mandated reporters.
California Community Colleges. Training and notification of
reporting requirements to all of the mandated reporters under
CANRA of the 113 community colleges varies. According to the
CCC Chancellor's Office, the colleges provide training, but it
is presently unclear the extent of the training. Committee
staff understands that in many cases, the training may only be a
copy of the statement as required in existing law, that requires
an employee mandated to report, that he or she is mandated to
report and signing that statement indicating that he or she is
aware of his or her duty to report and what his or her role
entails in reporting.
California Mandated Reporter Training. Pursuant to AB 1432
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(Gatto), Chapter 797, Statutes of 2014, the CDE in consultation
with the CDSS was required to, among others, develop and
disseminate information to all school districts, county offices
of education, and charter schools on child abuse; develop
guidelines on mandated reporter responsibilities and reporting
requirements; and, develop a means of instructing school
personnel.
The Child Abuse Mandated Reporter Training California website
team worked with CDSS and CDE in order to develop a new online
training for educators. California Mandated Reporter Training
is the product of the collaboration and is currently being
implemented and utilized. This educators online training module
is self-paced and provides an overview of the significant
definitions, requirements, and protections of CANRA. At the
conclusion of the online training, a final exam is given in
which a mandated reporter is tested based on the information
that he or she learned during the training.
To note, if the training is given as part of a large group, each
individual must take and pass the final test separately. Upon
scoring an 80 percent or higher an individual will be able to
print his or her certificate and will be emailed a proof of
completion of the training.
This measure tasks the governing board of each CCC district to
provide annual training, using the online training module
provided by CDSS and to develop a process for all persons
required to receive training and provide proof of completion of
training, within the first six weeks of each academic year or
within the first six weeks of that person's employment.
Committee staff understands that California Mandated Reporter
Training, as described above, will meet the requirements of this
measure.
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REGISTERED SUPPORT / OPPOSITION:
Support
California Federation of Teachers
California Labor Federation
California Professional Firefighters
California School Employees Association (sponsor)
National Association of Social Workers, California Chapter
Opposition
None on file.
Analysis Prepared by:Jeanice Warden / HIGHER ED. / (916)
319-3960
AB 2018
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