SB 332, as introduced, Block. Child abuse reporting.
Existing law requires a mandated reporter, as defined, to report suspected child abuse or neglect to a police department or sheriff’s department, not including a school district police or security department, county probation department, if designated by the county to receive mandated reports, or the county welfare department.
This bill would additionally authorize a mandated reporter to make those reports to a school district police department.
By imposing additional duties on a school district, this bill would create a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 11165.9 of the Penal Code is amended
2to read:
Reports of suspected child abuse or neglect shall be
4made by mandated reporters, or in the case of reports pursuant to
5Section 11166.05, may be made, to anybegin insert of the following:end insert
6begin insert (1)end insertbegin insert end insertbegin insertAend insertbegin insert end insertpolicebegin delete department orend deletebegin insert
department.end insert
7begin insert(2)end insertbegin insert end insertbegin insertA end insertsheriff’sbegin delete department, not including aend deletebegin insert department.end insert
8begin insert(3)end insertbegin insert end insertbegin insertA end insertschool district policebegin delete or securityend delete department,begin insert not including
9a
school district security department.end insert
10begin insert (4)end insertbegin insert end insertbegin insertA end insertcounty probation department, if designated by the county
11to receive mandatedbegin delete reports, or theend deletebegin insert reports.end insert
12begin insert(5)end insertbegin insert end insertbegin insertTheend insert county welfare department.begin delete Anyend delete
13begin insert (b)end insertbegin insert end insertbegin insertAnyend insert of those agencies shall accept a report of suspected
14child abuse or neglect whether offered by a mandated reporter or
15another person, or referred by another agency, even if the agency
16to whom the report is being made lacks subject matter or
17geographical jurisdiction to investigate the reported case, unless
18the agency can immediately electronically transfer the call to an
19agency with proper jurisdiction. When an agency takes a report
20about a case of suspected child abuse or neglect in which that
21agency lacks jurisdiction, the agency shall immediately refer the
22case by telephone, fax, or electronic transmission to an agency
23with proper jurisdiction.begin delete Agenciesend delete
24begin insert(c)end insertbegin insert end insertbegin insertAgenciesend insert that are required to receive reports of suspected
25child abuse or neglect may not refuse to accept a report of
26suspected child abuse or neglect from a mandated reporter or
27another person unless otherwise authorized pursuant to this section,
28and shall maintain a record of all reports received.
If the Commission on State Mandates determines that
30this act contains costs mandated by the state, reimbursement to
31local agencies and school districts for those costs shall be made
32pursuant to Part 7 (commencing with Section 17500) of Division
334 of Title 2 of the Government Code.
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