BILL ANALYSIS Ó
-----------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 478|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
UNFINISHED BUSINESS
Bill No: SB 478
Author: Huff (R), et al.
Amended: 8/27/15
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
SENATE FLOOR: 40-0, 6/2/15
AYES: Allen, Anderson, Bates, Beall, Berryhill, Block,
Cannella, De León, Fuller, Gaines, Galgiani, Glazer, Hall,
Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson,
Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning,
Moorlach, Morrell, Nguyen, Nielsen, Pan, Pavley, Roth, Runner,
Stone, Vidak, Wieckowski, Wolk
ASSEMBLY FLOOR: 79-0, 9/02/15 (Consent) - See last page for
vote
SUBJECT: Child Abuse and Neglect Reporting Act: mandated
reporters: pilot program
SOURCE: County Welfare Directors Association of California
Los Angeles County
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.
SB 478
Page 2
Assembly Amendments 1) delete a requirement that the mandated
reporter cooperate with any requests by the agency for
additional information, if needed, to investigate the report,
subject to applicable confidentiality requirements, and instead
provide that, "A mandated reporter . . . submitting an
Internet-based report . . . shall, 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 requirements"; 2) add
conditions a county welfare agency must meet to participate in
the pilot program, as specified; 3) expand the kinds of mandated
reporters who can use the piloted system, as specified; 4)
require the Department of Social Services ("DSS") to oversee and
administer the program, as specified; 5) require participating
counties to hire an evaluator for the program, as specified; 6)
authorize a participating county to end the pilot if the
evaluation and monitoring indicate the pilot program is
compromising the safety of children; and, 7) require
participating counties to develop outcome measures, as
specified.
ANALYSIS:
Existing law:
1) Establishes the Child Abuse and Neglect Reporting Act
("CANRA"), which generally is intended to protect children
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
SB 478
Page 3
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 to develop a pilot
program for Internet-based reporting of child abuse and
neglect, as specified, meeting 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, as specified;
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 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.
2) Requires that this system can only be used by mandated
reporters who are any of the following:
a) A peace officer, as specified.
SB 478
Page 4
b) A probation officer or social worker, as specified.
c) A school teacher, counselor, or administrator.
d) A physician and surgeon, psychologist, licensed
nurse, or clinical social worker, as specified.
e) A coroner.
3) Expressly provides that nothing in these provisions shall be
construed as changing specified current statutory or
regulatory requirements.
4) Provides that participating authorized mandated reporters
may use the Internet-based reporting tool in lieu of the
required initial telephone report required under current law,
and shall, 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 requirements.
5) Provides that participating mandated reporters who submit
the initial report through the Internet-based reporting tool
in lieu of the required initial telephone report is not
required to submit a written followup report, as specified.
6) Requires DSS to consult with the County Welfare Directors
Association of California and any interested county welfare
agencies to determine which counties may be involved in the
pilot program, which may operate in up to 10 counties.
7) Requires DSS to oversee and administer the pilot program, as
specified.
8) Requires a county that participates in the pilot to hire an
evaluator to monitor the implementation of the program, as
specified.
9) Requires participating counties, in collaboration with the
County Welfare Directors Association of California and DSS,
to develop outcome measures to determine the effectiveness of
the pilot program of the county during the duration of the
pilot program, which may include the following:
a) The number of reports provided by telephone and any
SB 478
Page 5
increase or decrease in the usage of telephone reports.
b) The number of reports provided through the
Internet-based reporting system and any increase or
decrease in usage of the system.
c) Any increase or decrease in the number of emergency
or nonemergency telephone reports.
d) Any increase or decrease in the overall number of
emergency or nonemergency reports.
10)Requires a participating county, on or before January 1,
2020, provide information to the Assembly Committee on Human
Services and the Senate Committee on Human Services
pertaining to the effectiveness of the pilot program based on
the outcome measures developed pursuant to the bill's
provisions.
11)Authorizes CSS to conclude the pilot program on a
county-by-county basis prior to January 1, 2021, if the
evaluation and monitoring indicate the pilot program is
compromising the safety of children.
12)Sunsets these provisions January 1, 2021.
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).)
SB 478
Page 6
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
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 Assembly Appropriations Committee:
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.
SB 478
Page 7
3)Because the program is optional for counties, any costs
incurred by participating agencies are not reimbursable by the
State.
SUPPORT: (Verified9/2/15)
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: (Verified9/2/15)
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
SB 478
Page 8
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
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.
ASSEMBLY FLOOR: 79-0, 9/02/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,
Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,
Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle,
Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina
Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,
Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,
Irwin, Jones, Kim, Lackey, Levine, Linder, Lopez, Low,
Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,
Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,
Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago,
Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,
Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Jones-Sawyer
Prepared by:Alison Anderson / PUB. S. /
SB 478
Page 9
9/2/15 17:43:48
**** END ****