BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 478| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: SB 478 Author: Huff (R) Amended: 6/1/15 Vote: 21 SENATE PUBLIC SAFETY COMMITTEE: 6-0, 4/14/15 AYES: Hancock, Anderson, Leno, McGuire, Monning, Stone NO VOTE RECORDED: Liu SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/28/15 AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen SUBJECT: Child Abuse and Neglect Reporting Act: mandated reporters: pilot program SOURCE: Los Angeles County County Welfare Directors Association of California DIGEST: This bill authorizes a 5-year pilot program for Internet-based reporting of child abuse and neglect in up to 10 counties, as specified. ANALYSIS: Existing law: 1)Establishes the Child Abuse and Neglect Reporting Act ("CANRA"), which generally is intended to protect children SB 478 Page 2 from abuse and neglect. (Penal Code § 11164.) 2)Enumerates 44 categories of mandatory child abuse reporters. (Penal Code § 11165.7.) 3)Requires mandated reporters to make reports of suspected child abuse or neglect, as specified. (Penal Code § 11165.9.) 4)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.) 5)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.) This bill: 1)Authorizes a county welfare agency, as specified below, to "develop a pilot program for Internet-based reporting of child abuse and neglect." 2)Requires the Department of Social Services to "consult with SB 478 Page 3 the County Welfare Directors Association of California and any interested county welfare agencies to determine which counties may be involved in the pilot." 3)Authorizes the pilot program to operate in up to 10 counties. 4)Authorizes the pilot program to "receive reports of suspected child abuse or neglect," and requires the program to meet all of the following conditions: a) 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. b) 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. c) 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. d) The mandated reporter is required to cooperate with any requests by the agency for additional information, if needed, to investigate the report, subject to applicable confidentiality requirements. e) The system can only be used by mandated reporters who are any of the following: i) A peace officer, as specified; SB 478 Page 4 ii) A probation officer; iii) A school teacher, counselor, or administrator; iv) A physician, surgeon, or licensed nurse; or v) A coroner. 1)Provides that in a county where the pilot program is active, a mandated child abuse or neglect reporter may use the Internet-based reporting tool in lieu of the required initial telephone report. Background Existing law establishes the CANRA, which requires a mandated reporter, as defined, 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. (Penal Code (PC) § 11166(a).) Existing law enumerates 44 categories of mandated reporters of child abuse or neglect. (PC § 11165.7.) Existing law requires the mandated reporter to make an initial report by telephone to the agency immediately or as soon as is practicably possible, and to prepare and send, fax, or electronically transmit a written follow-up report within 36 hours of receiving the information concerning the incident. (PC § 11166(a).) Existing law specifies that reports of suspected child abuse or neglect shall be made to a police department or sheriff's department, not including a school district police or security department, a county probation department, if designated by the SB 478 Page 5 county to receive mandated reports, or a county welfare department. 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. (PC §11165.9.) When an agency takes a report about a case of suspected child abuse or neglect in which that agency lacks jurisdiction, the agency is required to immediately refer the case by telephone, fax, or electronic transmission to an agency with proper jurisdiction. Agencies that are required to receive reports of suspected child abuse or neglect may not refuse to accept a report of suspected child abuse or neglect from a mandated reporter or another person unless otherwise authorized, and are required to maintain a record of all reports received. (PC §11165.9.) FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: No According to the Senate Appropriations Committee: Interagency reporting workload impact: potential increases/decreases in local agency costs, potentially state-reimbursable (General Fund), across all local agencies involved in the ICAN reporting process. While the use of an internet-based reporting tool in a pilot county could potentially reduce the level of child welfare agency workload necessary to accept and refer suspected child abuse reports via telephone, to the extent fewer reports are initiated by telephone could conversely generate additional workload for follow-up information required, and/or restrict the ability of the receiving agency from immediately electronically transferring a call to another agency, thereby increasing the number of reports that must SB 478 Page 6 be accepted, referred/retained, and recorded by a receiving agency. The statewide cost estimate adopted by the Commission on State Mandates for the Interagency Child Abuse and Neglect Investigation Reports (00-TC-22) reflects a prospective cost of $2.6 million annually for ICAN-related activities. The 2015-16 May Revision 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. To the extent the ICAN mandate is ultimately not suspended, however, any increase in local costs could be reimbursable by the state (General Fund). Internet-based reporting tool: unknown, potentially significant one-time and ongoing non-reimbursable county welfare agency costs to develop, test, and operate an internet-reporting tool. The May Revision proposes a $4 million General Fund grant program to fund ICAN activities carried out by county welfare and probation departments in counties that choose to participate. As a result, these local costs could potentially be funded with General Fund to the extent the ICAN mandate is suspended and the grant program is funded in the final Budget. To the extent other local agencies (city/county police, sheriff's departments, county probation departments) within a pilot county that are required to accept mandated reports incur increased costs (as the bill authorizes mandated reporters to utilize the reporting tool in the pilot area, but does not specifically restrict reporting to child welfare agencies), these costs could potentially be found to be reimbursable by the state (General Fund) if the ICAN mandate is not suspended. Department of Social Services (DSS) consultation: minor one-time costs (General Fund) for the DSS to consult with specified agencies to determine county involvement in the pilot program. SB 478 Page 7 SUPPORT: (Verified5/29/15) Los Angeles County (co-source) County Welfare Directors Association of California (co-source) California State Association of Counties LIUNA Locals 777 & 792 Junior Leagues of California State Public Affairs Committee Urban Counties Caucus OPPOSITION: (Verified5/29/15) None received ARGUMENTS IN SUPPORT: 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 SB 478 Page 8 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 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. Prepared by:Alison Anderson / PUB. S. / 6/1/15 17:36:31 **** END ****