BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          SB 332 (Block) - Child abuse reporting
          
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          |Version: April 14, 2015         |Policy Vote: PUB. S. 7 - 0      |
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          |Urgency: No                     |Mandate: Yes                    |
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          |Hearing Date: April 27, 2015    |Consultant: Jolie Onodera       |
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          This bill meets the criteria for referral to the Suspense File.


          
          Bill  
          Summary:  SB 332 would expand the list of agencies authorized to  
          receive mandated reports of child abuse or neglect to include  
          school district police departments.  


          Fiscal  
          Impact:  
            Local school districts  : Potentially significant one-time and  
            ongoing costs to local school districts for Interagency Child  
            Abuse and Neglect (ICAN)-related activities including the  
            establishment of policies/procedures, training,  
            accepting/referring initial reports, cross-reporting to local  
            agencies, reporting to licensing agencies, and retaining  
            records. To the extent the increase in school district police  
            department workload qualifies as a reimbursable state mandate,  
            districts could submit claims for reimbursement of those costs  
            (General Fund). 
            CDE  : one-time minor and absorbable workload to the Department  







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            of Education for staff time required to update training  
            materials and documents.  
            ICAN mandate status  : the 2015-16 Governor's Budget proposes to  
            suspend the ICAN mandate, rendering its provisions optional  
            for local agencies in FY 2015-16, thereby allowing the  
            deferral of payment of $90.4 million in prior-year claims. 
            Local reporting agencies  : to the extent the ICAN mandate is  
            ultimately not suspended, local law enforcement, county  
            probation, and county welfare departments could incur reduced  
            costs to the extent a percentage of mandated reports that  
            otherwise would have been reported to these agencies are  
            prospectively reported to school district police departments. 


          Background:  Existing law establishes the Child Abuse and Neglect Reporting  
          Act, which is intended to protect children from abuse and  
          neglect. Under existing law, a mandated reporter, as defined, is  
          required to make a report to a specified agency whenever the  
          person, 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. (Penal Code (PC) §  
          11166(a).) 
          Existing law requires that reports of suspected child abuse or  
          neglect be made to any 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. (PC § 11165.9.)


          These agencies are required to accept a report of suspected  
          child abuse or neglect whether offered by a mandated reporter or  
          another person, or referred by another agency, even if the  
          agency to whom the report is being made lacks subject matter or  
          geographical jurisdiction to investigate the reported case,  
          unless the agency can immediately electronically transfer the  
          call to an agency with proper jurisdiction.


          Proposed Law:  
            This bill would expand the list of agencies authorized to  
          receive mandated reports of child abuse or neglect to include  
          school district police departments. Additionally, consistent  








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          with the exception provided to local law enforcement agencies,  
          this bill would exempt a school district police department from  
          the requirement to forward substantiated reports of abuse or  
          neglect to the Department of Justice (DOJ).


          Related  
          Legislation:  SB 478 (Huff) 2015 would authorize a county  
          welfare agency to develop a five-year pilot program for  
          internet-based reporting of child abuse and neglect, to be used  
          by specified mandated reporters in lieu of or in addition to the  
          initial telephone report requirement under existing law. This  
          bill is scheduled to be heard today by this Committee. 
          Prior Legislation:  AB 717 (Ammiano) Chapter 468/2011 repealed  
          the mandate for law enforcement agencies to forward reports of  
          abuse or neglect to the DOJ, and reduced the DOJ reporting  
          requirements of county probation departments and child welfare  
          departments to only substantiated reports of suspected child  
          abuse. 


          Staff  
          Comments:  By authorizing school district police departments to  
          receive mandated reports of suspected child abuse or neglect,  
          this bill will result in potentially significant one-time and  
          ongoing costs to local school districts. To the extent the  
          increase in school district police department workload is  
          determined by the Commission on State Mandates (CSM) as a  
          reimbursable state mandate, districts could submit claims for  
          reimbursement of those costs. 
          The statewide cost estimate adopted by the CSM for the  
          Interagency Child Abuse and Neglect Investigation Reports  
          (00-TC-22) reflects total costs of $90.4 million through FY  
          2012-13, and prospective costs of $2.6 million annually for  
          ICAN-related activities including distributing forms, accepting  
          and referring initial child abuse reports, cross-reporting  
          between local agencies and to the district attorney's office,  
          reporting to licensing agencies, completing investigations and  
          forwarding substantiated reports to the DOJ (for county  
          probation and county welfare departments only), and records  
          retention. Staff notes the 2015-16 Governor's Budget proposes to  
          suspend the ICAN mandate, rendering its provisions optional for  
          local agencies in FY 2015-16, and allowing the state to defer  
          payment of $90.4 million in prior-year claims. The Governor's  








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          Budget proposes a $4 million grant program to fund ICAN  
          activities carried out by county welfare and probation  
          departments in counties that choose to participate.


          In addition to the ongoing ICAN-related activities noted above,  
          school districts would also incur potentially significant  
          one-time costs for the establishment of policies and procedures,  
          as well as staff training on the ICAN reporting process. To the  
          extent additional resources are required to handle the increased  
          workload associated with ICAN-related activities could also  
          result in significant, potentially state-reimbursable costs. The  
          CDE has indicated there are currently 22 school districts that  
          have school district police departments. The CDE has also  
          indicated any staff time required to update training materials  
          and documents would be minor and absorbable.  


          To the extent the ICAN mandate is ultimately not suspended,  
          local law enforcement, county probation, and county welfare  
          departments could potentially incur a reduced amount of  
          state-reimbursable costs for ICAN-related activities assuming a  
          percentage of reports that otherwise would have been reported to  
          local agencies currently authorized to receive the reports are  
          instead reported to school district police departments. The  
          magnitude of this impact is unknown but could be significant. 


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