BILL ANALYSIS Ó SB 478 Page 1 Date of Hearing: August 26, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair SB 478 (Huff) - As Amended August 18, 2015 ----------------------------------------------------------------- |Policy |Human Services |Vote:|7 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: NoReimbursable: No SUMMARY: This bill authorizes specified county welfare agencies to develop a five-year pilot program for Internet-based reporting of child abuse and neglect. The bill requires the Department of Social Services (DSS) to oversee and administer the pilot, and SB 478 Page 2 requires participating counties to develop outcome measures and report to the Legislature on the effectiveness of the pilot program. FISCAL EFFECT: 1)Minor costs, likely less than $75,000 (GF) annually to DSS to oversee and administer the program. 2)Minor one-time costs (GF) to DSS to consult with the County Welfare Directors Association of California and any interested county welfare agencies to determine county involvement in the pilot program. 3)Because the program is optional for counties, any costs incurred by participating agencies are not reimbursable by the State. COMMENTS: 1)Purpose. State law requires any individual identified as a mandated reporter 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. SB 478 Page 3 According to the author, "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." 2)Background. The Child Abuse and Neglect Reporting Act (CANRA) 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. Existing law enumerates 44 categories of mandated reporters of child abuse or neglect. The mandated reporter must make an initial report by telephone to the agency immediately or as soon as is practicably possible, and to send, fax, or electronically transmit a written follow-up report within 36 hours of receiving the information concerning the incident. Reports of suspected child abuse or neglect must 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 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 lacks jurisdiction to investigate the reported case, unless the agency can immediately electronically transfer the call to an agency with proper jurisdiction. SB 478 Page 4 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. Online abuse and neglect reporting systems are currently used in eight other states (Arizona, Delaware, Florida, Kansas, Kentucky, Mississippi, Tennessee and Texas), which have reported increased efficiencies in their child abuse response systems. 3)Related Legislation. SB 332 (Block) 2015 would have authorized school district police departments to receive mandated reports of suspected child abuse or neglect. This bill was held on the Senate Appropriations Committee's Suspense File. 4)Prior Legislation.5)AB 776 (Chu) Chapter 713, Statutes of 2005, authorized the filing of a one-time alternate faxed or electronic mandated SB 478 Page 5 reporting form on suspected child abuse in lieu of the initial telephone report, as specified. DSS was required to submit a report to the Legislature at the end of the three-year operative period or January 1, 2009, to provide data about the use of the alternative method of reporting. The use of the new reporting form was contingent upon the completion of necessary modifications to the electronic reporting system which did not occur within the timeframes provided. Analysis Prepared by:Jennifer Swenson / APPR. / (916) 319-2081