BILL ANALYSIS Ó SB 478 Page 1 Date of Hearing: July 14, 2015 ASSEMBLY COMMITTEE ON HUMAN SERVICES Kansen Chu, Chair SB 478 (Huff) - As Amended July 9, 2015 SENATE VOTE: 40-0 SUBJECT: Child Abuse and Neglect Reporting Act: mandated reporters: pilot program. SUMMARY: Establishes a five-year pilot program to allow for internet reporting of child abuse and neglect by specified mandated reporters. Specifically, this bill: 1)Authorizes specified county welfare agencies to develop a pilot program for Internet-based reporting of child abuse and neglect. Additionally, allows the pilot program to receive reports of suspected child abuse and neglect and requires the program to meet the following conditions: a) The suspected child abuse or neglect reported through the Internet-based system does not indicate that the child is subject to immediate risk, as specified, or imminent SB 478 Page 2 danger of severe harm or death; b) The Internet form contains standard safety assessment qualifying questions that allow the agency to obtain necessary information required to assess the need for child welfare services and a response, and to determine whether the mandated reporter should be redirected to make a report by telephone, as specified; c) The form requires a mandated reporter to complete all required fields, including his or her identity and contact information, in order to submit the report; d) The agency provides an Internet-based reporting system that has appropriate security protocols to preserve the confidentiality of the reports and any documents or photographs submitted through the system; and e) Use of the system is limited to the following mandated reporters: a peace officer, as specified; a probation officer or social worker, as specified; a school teacher, counselor, or administrator; a physician and surgeon, psychologist, licensed nurse, or clinical social worker, as specified; or a coroner. 2)Authorizes one of the aforementioned mandated reporters, in a county where the pilot program is active, to use the Internet-based reporting tool in lieu of the initial telephone report required under current law. Requires a mandated reporter using the Internet-based system to, as soon as practically possible, cooperate with the agency on any requests for additional information if needed to investigate the report, subject to applicable confidentiality SB 478 Page 3 requirements. 3)Eliminates the requirement to submit a written follow-up report, as specified, for an authorized mandated reporter who uses the Internet-based reporting system in lieu of a telephone report for an initial report of child abuse or neglect. 4)Authorizes the pilot program to operate in up to 10 counties and requires the Department of Social Services (DSS) to consult the County Welfare Directors Association of California and any interested county welfare agencies to determine which counties may be involved in the pilot program. 5)Requires DSS to oversee and administer the pilot program through the issuance of written directives, as specified, and requires a county that chooses to participate in the pilot program to hire an evaluator to monitor the implementation of the program in accordance with the DSS directives. 6)Authorizes DSS to conclude the pilot program on a county-by-county basis prior to the end of the pilot if the evaluation and monitoring indicate the pilot program is compromising the safety of children. 7)Establishes a January 1, 2021 sunset date for the pilot program and other provisions of this bill. 8)Provides that nothing included in the pilot program shall be SB 478 Page 4 construed as changing current statutory or regulatory requirements regarding timely review, assessments, and response to reports of possible abuse or neglect. EXISTING LAW: 1)Establishes the Child Abuse and Neglect Reporting Act (CANRA), for the general purpose of protecting children from abuse and neglect. (PC 11164 et seq.) 2)Enumerates 44 categories of mandated reporters of child abuse, including teachers, clergy members, peace officers, animal control officers, therapists, and other individuals whose professions may or may not include routine interactions with children. (PC 11165.7) 3)Requires mandated reporters to report suspected child abuse or neglect to any police department or sheriff's department, county probation department, as specified, or the county welfare department and specifies procedures for the agencies receiving the reports to ensure it is transmitted to the proper jurisdiction, when the agency lacks jurisdiction. Prohibits agencies that are required to receive reports of suspected child abuse or neglect from refusing to accept a report from a mandated reporter or other person, as specified, and requires the receiving agency to maintain a record of all reports received. (PC 11165.9) 4)Requires a mandated reporter, as defined, to make a report to one of the aforementioned agencies 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 he or she knows or reasonably suspects has been the SB 478 Page 5 victim of child abuse or neglect. Requires a mandated reporter to make an initial report by telephone immediately or as soon as is practicably possible, and requires the mandated reporter to prepare and send a written follow-up report via fax or electronic transmission, within 36 hours of receiving the information concerning the incident. (PC 11166 (a)) 5)Requires a mandated reporter to immediately, or as soon as is practicably possible, submit a one-time automated written report on a form provided by the Department of Justice (DOJ) if, after reasonable efforts, the mandated reporter is unable to submit an initial report by telephone. Requires the automated one-time report to contain a section that allows the mandated reporter to state the reason the initial telephone call was not able to be completed and requires that information to be captured in the Child Welfare Services/Case Management System (CWS/CMS), as specified. (PC 11166(b)) 6)Provides that no mandated reporter who reports a suspected incident of child abuse or neglect shall be held civilly or criminally liable for any report required or authorized by CANRA. (PC 11172(a)) 7)Provides for statewide coordinated training for county child protective services social workers and other members of the child welfare delivery system, as specified. (WIC 16206) FISCAL EFFECT: Unknown. COMMENTS: Child abuse reporting: Child Protective Services (CPS), which is a component within county welfare agencies and part of the SB 478 Page 6 state's much broader Child Welfare Services system, is the primary system charged with intervening and investigating reported instances of child abuse and neglect, and taking the appropriate steps to ensure a child's continued safety. When it is suspected that a child is a victim of physical, sexual, or emotional abuse, or neglect or exploitation that results in harm to the health and safety of the child, any person may report that abuse or neglect to CPS. Additionally, certain individuals, such as physicians and teachers, are considered mandated reporters and are required by law to immediately report any suspicion or identification of child abuse or neglect to local law enforcement or CPS. After the referral is made - that is, the alleged abuse or neglect is reported - a CPS social worker is required to immediately investigate the referral to determine its validity. This process begins with gathering information from the person making the referral to determine what is being alleged and whether an in-person response is needed. If an in-person intervention reveals that abuse or neglect likely occurred, the social worker may remove the child in question from the family and place him or her into temporary custody. The ultimate goal is to keep the child in his or her own home when it is safe, or to develop and alternate plan as quickly as possible if the child is at risk. Need for this bill: Under state law, any individual identified as a mandated reporter is required to make an initial report of child abuse or neglect immediately by telephone, which must be followed by a written report within 36 hours. While the requirement to report by telephone ideally means that the agency receiving the referral will be able to ask necessary questions and assess whether the allegations necessitate an immediate response, some calls are placed on hold for long periods of time, often resulting in dropped calls. Additionally, there is no process through which to triage calls based on urgency, as all referrals come in through the same county hotline. Online abuse and neglect reporting systems are currently used in SB 478 Page 7 eight other states (Arizona, Delaware, Florida, Kansas, Kentucky, Mississippi, Tennessee and Texas), which have reported increased efficiencies in their child abuse response systems. By allowing even limited access to an alternate reporting system for non-emergency cases, this bill allows the mandated reporters identified to continue to comply with their statutorily-mandated reporting duties while freeing up county social worker time to respond to more pressing referrals. According to the author: "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, with mandated reporters waiting for long periods of time and sometimes several hours to get through. Every possible resource is being used 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 SB 478 Page 8 Los Angeles County social workers can be incredibly daunting at critical times when resources become strained. The goal with the online reporting system will be to help to ensure that long wait times remain in the past. 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. [This bill] will be an excellent resource to help county social workers assess and respond to child abuse and neglect cases in a timely manner." RECOMMENDED AMENDMENTS: Should this bill be signed into law, the pilot program it establishes for the optional use of an Internet-based reporting system in lieu of reports of child abuse by telephone will be implemented in January 2016 and sunset, unless further action is taken, in January 2021. While the Legislature could decide to temporarily or permanently extend the authority granted in the pilot, this bill does not require the outcomes of the pilot to be captured or reported prior to the pilot program's potential extension or termination. In order to allow the Legislature to make an informed decision about whether to ultimately allow the pilot to end or to extend the authority for an Internet-based child abuse reporting system, committee staff recommends this bill be amended to do the following: 1)Require participating counties and the County Welfare Directors Association of California to develop outcome measures to determine the effectiveness of the pilot program for each county, which may include: a) The total number of referrals provided by telephone and SB 478 Page 9 any increase or decrease in usage over time; b) The number of referrals provided through the Internet-based reporting system and any increase or decrease in usage of the system over time; c) Any increases or decreases in the number of emergency or non-emergency referrals provided by telephone; and d) Any increases or decreases in the overall number of emergency or non-emergency referrals. 2)Require participating counties to, on or before January 1, 2020, provide information to the Legislature pertaining to the outcome measures developed. REGISTERED SUPPORT / OPPOSITION: Support County Welfare Directors Association of California (CWDA), co-sponsor SB 478 Page 10 Los Angeles County Board of Supervisors, co-sponsor Children's Law Center of CA California State Association of Counties (CSAC) Junior Leagues of California State Public Affairs Committee (CalSPAC) Los Angeles County Sheriff's Department Urban Counties Caucus (UCC) Opposition None on file. Analysis Prepared by:Myesha Jackson / HUM. S. / (916) SB 478 Page 11 319-2089