BILL ANALYSIS                                                                                                                                                                                                    



                                                                    SB 1178


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          Date of Hearing: June 15, 2016  


                           ASSEMBLY COMMITTEE ON EDUCATION


                              Patrick O'Donnell, Chair


          SB  
          1178 (Vidak) - As Introduced February 18, 2016


          SENATE VOTE:  36-0


          SUBJECT:  Superintendent of Public Instruction:  child abuse and  
          neglect:  poster


          SUMMARY:  Requires the California Department of Education (CDE)  
          to create a poster informing children of the telephone number to  
          call to report child abuse or neglect.  Specifically, this bill:  
           


          1)Authorizes the CDE to partner with local, state, and federal  
            agencies as well as nonprofit entities for purposes of the  
            design and content of the poster.


          2)Requires the poster to incorporate the additional following  
            elements:


             a)   A note that directs a child to dial "911" in case of  
               emergency.










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             b)   To be no smaller than 8.5 inches by 11 inches.


             c)   To be produced in five languages, including English,  
               Spanish, and the top three languages other than English and  
               Spanish that are spoken in the state as determined by the  
               Superintendent of Public Instruction (SPI).


          3)Requires the SPI, on or before July 1, 2017, to post on the  
            CDE's Internet Web site all five versions of the poster for  
            public download.


          4)Expresses the Legislature's encouragement for school  
            districts, charter schools, and private schools to post the  
            appropriate version or versions of the poster in an area of  
            the school where pupils frequently congregate.


          5)Contains an urgency clause in order for the SPI to have  
            sufficient time to complete the poster required pursuant to  
            this bill.  


          EXISTING LAW:   


          1)Requires the CDE to adopt guidelines to be disseminated to  
            parents or guardians of pupils that describe the procedures  
            that a parent or guardian can follow in filing a complaint of  
            child abuse with the school or a child protective services  
            agency against a school employee or other person that commits  
            an act of child abuse against a pupil at a schoolsite.   
            (Education Code (EC) Section 33308.1)

          2)Defines "child abuse or neglect" as including physical injury  
            or death inflicted by other than accidental means upon a child  
            by another person, sexual abuse, neglect, the willful harming  








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            or injuring of a child or the endangering of the person or  
            health of a child, and unlawful corporal punishment or injury.  
             (Penal Code (PC) Section 11165.6)

          3)Specifies a list of mandated reporters, including a teacher,  
            an instructional and teacher's aide, a classified employee, an  
            administrative officer or supervisor of child welfare and  
            attendance, a county office of education (COE) or CDE employee  
            whose duties bring the employee into contact with children on  
            a regular basis, and a school district or security department  
            employee, and requires mandated reporters to report suspected  
            child abuse or neglect to any police department or sheriff's  
            department.  (PC Sections 11165.7 and 11165.9)

          4)Requires the CDE, in consultation with the Office of Child  
            Abuse Prevention in the State Department of Social Services,  
            to develop and disseminate information to all school  
            districts, COEs, state special schools and diagnostic centers  
            operated by the CDE, and charter schools, and their school  
            personnel in California, regarding the detection and reporting  
            of child abuse.  (EC Section 44691)

          5)Requires school districts, COEs, state special schools and  
            diagnostic centers operated by the CDE, and charter schools to  
            provide annual training to their employees and persons working  
            on their behalf who are mandated reporters on mandated  
            reporting requirements. (EC Section 44691)

          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, negligible state costs.  
           


          COMMENTS:  State mandated reporters.  Under the Child Abuse and  
          Neglect Reporting Act, specified employees of public and private  
          agencies, including public and private schools, are designated  
          state mandated reporters.  In education institutions, these  
          designated officials include teachers, instructional and  
          teacher's aides, classified employees, administrative officers  








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          or supervisors of child welfare and attendance, COE or CDE  
          employees whose duties bring the employees into contact with  
          children on a regular basis, and school district or security  
          department employees.  Mandated reporters are required to report  
          any suspected incidences of child abuse and neglect to any  
          police or sheriff department.  Local educational agencies,  
          including charter schools, are required to provide training to  
          school employees on the mandated reporting requirements, and  
          school employees are required to provide proof of completing the  
          training within the first six weeks of each school year or  
          within the first six week of employment.          


          Purpose of the bill.  The author states, "Child abuse affects  
          children of every age, race, and income level.  It often takes  
          place in the home and comes from a person the child knows and  
          trusts - a parent, relative, babysitter, or friend of the  
          family."  The author further states that mandated reporting laws  
          only work to the extent that employees are able to identify the  
          signs of abuse and that there may be times when a victim may not  
          display any signs.  


          This bill requires the CDE to create a poster to inform children  
          of the appropriate telephone number to call to report child  
          abuse and neglect.  The bill requires the poster to be at least  
          8.5 inches by 11 inches, include instruction to call 911 in  
          emergencies, and be translated in Spanish, and three other top  
          languages, as determined by the SPI.  The bill authorizes the  
          CDE to partner with public and private agencies in the design  
          and content of the poster, requires the CDE to post the posters  
          on its Internet Web site, and encourages local educational  
          agencies and private schools to post the posters in areas where  
          pupils frequently gather.     


          According to the author, the Texas Department of Family and  
          Protective Services received 38,000 more calls of suspected  
          abuse following the 2013 enactment of a law similar to one  








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          proposed by this bill.


          The Children's Advocacy Centers of California, writing in  
          support of the bill, states, "Statistics show that most  
          children, particularly children who have been sexually abused,  
          are not likely to disclose their abuse at all; others wait until  
          years after the abuse has stopped to tell someone.  Any tool  
          that lets children know it [is] okay to tell what happened to  
          them, and that, even more, points them to a safe resource they  
          contact, could be critical to reaching children who might  
          otherwise stay silent or have their abuse continue un-noticed  
          and un-reported."  


          REGISTERED SUPPORT / OPPOSITION:




          Support


          Children's Advocacy Centers of California


          Crime Victims United of California




          Opposition


          None on file












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          Analysis Prepared by:Sophia Kwong Kim / ED. / (916)  
          319-2087