BILL ANALYSIS Ó
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Loni Hancock, Chair
2015 - 2016 Regular
Bill No: SB 478 Hearing Date: April 14, 2015
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|Author: |Huff |
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|Version: |February 26, 2015 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|AA |
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Subject: Child Abuse and Neglect Reporting Act: Mandated
Reporters: Internet Reporting Pilot
Program
HISTORY
Source: Los Angeles County; County Welfare Directors
Association of California
Prior Legislation:None known
Support: Junior Leagues of California State Public Affairs
Committee
Opposition:None known
PURPOSE
The purpose of this bill is to authorize a 5-year pilot program
for Internet-based reporting of child abuse and neglect.
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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 enumerates 44 categories of mandatory child abuse
reporters. (Penal Code § 11165.7.)
Current law requires mandated reporters to make reports of
suspected child abuse or neglect, as specified. (Penal Code §
11165.9.)
Current law generally requires mandated reporters to make a
report to a specified agency "whenever the mandated reporter, 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. The mandated reporter shall
make an initial report by telephone to the agency immediately or
as soon as is practicably possible, and shall prepare and send,
fax, or electronically transmit a written follow-up report
within 36 hours of receiving the information concerning the
incident. The mandated reporter may include with the report any
non-privileged documentary evidence the mandated reporter
possesses relating to the incident." (Penal Code § 11166.)
Current 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. . . . " (Penal Code § 11165.9.)
Pilot Program for Internet Reporting
This bill would authorize a county welfare agency, as specified
below, to "develop a pilot program for Internet-based reporting
of child abuse and neglect."
This bill would require the Department of Social Services to
"consult with the County Welfare Directors Association and any
interested county welfare agencies to determine which counties
may be involved in the pilot."
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This bill would authorize the pilot program to "operate in a
specific region to receive reports of suspected child abuse or
neglect," and would require the program to meet all of the
following conditions:
(1) The suspected child abuse or neglect does not indicate
that the child is subject to an immediate risk of abuse,
neglect, or exploitation or that the child is in imminent
danger of severe harm or death.
(2) The agency provides an Internet form that includes
qualifying questions in order to obtain necessary
information required to assess the need for child welfare
services and a response.
(3) The mandated reporter is required to complete all
required fields, including identity and contact information
of the mandated reporter, in order to submit the report.
(4) The mandated reporter is required to cooperate with any
requests by the agency for additional information, if
needed, to investigate the report.
(5) The system can only be used by mandated reporters who
are any of the following:
(A) A peace officer, as specified;
(B) A probation officer;
(C) A school teacher, counselor, or administrator;
(D) A physician and surgeon, psychiatrist, psychologist,
licensed nurse, marriage and family therapist, or
clinical social worker licensed as specified; or
(E) A coroner.
This bill would provide that in an area where the pilot program
is active, a mandated child abuse or neglect reporter may use
the Internet-based reporting tool in lieu of or in addition to
the required initial telephone report.
RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
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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
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
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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
1.Stated Need for This Bill
The author states:
The Child Protective Hotline and emergency response
system that sends social workers to investigate
allegations of abuse and neglect is the first touch
point between the public and the county agency
responsible for ensuring the safety of thousands of
vulnerable children. Los Angeles County is the
largest in the state, with 2.4 million children and
youth between the ages of 0-20 years. Currently the
Department of Child and Family Services (DCFS) employs
7,500 workers, 3,200 of which are children's social
workers. According to the DCFS current budget report,
over 214,000 calls were made to the Child Protection
Hotline last year.
While DCFS has made great improvements to call/wait
times on the telephonic system, historically some
years have seen tremendous spikes in the amount of
calls placed. 1998 was likely the worst year in which
some peak-hour waits lasted anywhere from 45 minutes
to 4 hours! Every possible resource is given to
ensure that any hotline calls are investigated and the
information is shared appropriately with law
enforcement and child advocates. Yet, it is clear that
child abuse and neglect cases go up with the poverty
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and unemployment rates. Due to its sheer size, the
workload for Los Angeles County social workers can be
incredibly daunting at critical times when resources
become strained.
This pilot program is absolutely essential for the
well-being of so many at-risk kids. By virtually
eliminating wait times, an online reporting system
will increase efficiencies at every level of the
non-emergency and emergency response services. SB 478
will be an excellent resource to help county social
workers assess and respond to child abuse and neglect
cases in a timely manner.
2.What This Bill Would Do
As explained above, this bill would authorize a 5-year
pilot program to provide an Internet-based system for
making mandated child abuse or neglect reports. The bill
provides that participating counties shall be determined by
the Department of Social Services in consultation with the
County Welfare Directors Association and interested county
welfare agencies. The bill excludes situations where a
child is in imminent risk, and also limits the pilot to
five categories of mandated reporters, listed above. This
form of reporting could be in lieu of the reporting now
required by law.
3.Background
In Los Angeles County, mandated reporters who have made a
verbal report to the Child Protection Hotline may complete
a Suspected Child Abuse Form online. However, before doing
so mandated reports must make a verbal report to the Child
Protection Hotline and obtain the referral number of the
verbal report from the hotline staff. Once a reporter has
made a verbal report to the Hotline, the reporter may
complete an online report, and will not be required to mail
a report to the Hotline. (See https://mandreptla.
org/on-lineRep.htm.) This bill would provide legislative
authority for a pilot program to allow for making the
initial report electronically.
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