BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 478|
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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
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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
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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;
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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
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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
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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.
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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
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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
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