BILL NUMBER: SB 208 CHAPTERED 09/16/99 CHAPTER 417 FILED WITH SECRETARY OF STATE SEPTEMBER 16, 1999 APPROVED BY GOVERNOR SEPTEMBER 16, 1999 PASSED THE SENATE AUGUST 26, 1999 PASSED THE ASSEMBLY AUGUST 23, 1999 AMENDED IN ASSEMBLY AUGUST 19, 1999 AMENDED IN ASSEMBLY JULY 6, 1999 AMENDED IN SENATE MAY 13, 1999 AMENDED IN SENATE APRIL 15, 1999 AMENDED IN SENATE MARCH 11, 1999 INTRODUCED BY Senator Polanco (Principal coauthor: Assembly Member Washington) JANUARY 20, 1999 An act to amend Section 355.1 of the Welfare and Institutions Code, relating to child abuse, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST SB 208, Polanco. Child abuse: dependency proceedings. Under existing law, where a court in a dependency hearing finds that an injury, injuries, or detrimental condition sustained by a minor is of a nature as would ordinarily not be sustained except as the result of the unreasonable or neglectful acts or omissions of either parent, the guardian, or other person who has the care or custody of the minor, that evidence constitutes a presumption that the minor may be declared a dependent child of the court, as specified. Existing law, known as the Child Abuse and Neglect Reporting Act, requires a county probation department or welfare department, among others, to report by telephone and in writing to the district attorney, and others, every known or suspected instance of child abuse, as defined, subject to specified exceptions. This bill would provide that, where a court in a dependency hearing finds that either a parent, a guardian, or any other person who resides with, or has care or custody of a minor who is the subject of the dependency petition, has been previously convicted of sexual abuse, as defined, in this or another state; has been found in a prior dependency hearing, as specified, to have committed an act of sexual abuse; or is required, as a result of a felony conviction, to register as a sex offender, that finding shall be prima facie evidence that the subject minor is a dependent child and is at substantial risk of abuse or neglect. The bill would provide that the prima facie evidence constitutes a presumption affecting the burden of producing evidence. The bill would also provide that, where the dependency court believes that a child has suffered criminal abuse or neglect, the court may direct a representative of the child protective agency to take specified actions pursuant to the Child Abuse and Neglect Reporting Act. The bill would make related legislative findings. This bill would declare that it is to take effect immediately as an urgency statute. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature finds that children of the State of California are placed at risk when permitted contact with a parent or caretaker who has committed a sex crime. Further, the Legislature finds that children subject to juvenile court dependency jurisdiction based on allegations of molestation are in need of protection from those persons. Therefore, the purpose of this act is to ensure that information regarding those acts is appropriately considered by the juvenile court in determining whether a child is in need of juvenile court dependency protection. SEC. 2. Section 355.1 of the Welfare and Institutions Code is amended to read: 355.1. (a) Where the court finds, based upon competent professional evidence, that an injury, injuries, or detrimental condition sustained by a minor is of a nature as would ordinarily not be sustained except as the result of the unreasonable or neglectful acts or omissions of either parent, the guardian, or other person who has the care or custody of the minor, that finding shall be prima facie evidence that the minor is a person described by subdivision (a), (b), or (d) of Section 300. (b) Proof that either parent, the guardian, or other person who has the care or custody of a minor who is the subject of a petition filed under Section 300 has physically abused, neglected, or cruelly treated another minor shall be admissible in evidence. (c) The presumption created by subdivision (a) constitutes a presumption affecting the burden of producing evidence. (d) Where the court finds that either a parent, a guardian, or any other person who resides with, or has the care or custody of, a minor who is currently the subject of the petition filed under Section 300 (1) has been previously convicted of sexual abuse as defined in Section 11165.1 of the Penal Code, (2) has been previously convicted of an act in another state that would constitute sexual abuse as defined in Section 11165.1 of the Penal Code if committed in this state, (3) has been found in a prior dependency hearing or similar proceeding in the corresponding court of another state to have committed an act of sexual abuse, or (4) is required, as the result of a felony conviction, to register as a sex offender pursuant to Section 290 of the Penal Code, that finding shall be prima facie evidence in any proceeding that the subject minor is a person described by subdivision (a), (b), (c), or (d) of Section 300 and is at substantial risk of abuse or neglect. The prima facie evidence constitutes a presumption affecting the burden of producing evidence. (e) Where the court believes that a child has suffered criminal abuse or neglect, the court may direct a representative of the child protective agency to take action pursuant to subdivision (i) of Section 11166 of the Penal Code. (f) Testimony by a parent, guardian, or other person who has the care or custody of the minor made the subject of a proceeding under Section 300 shall not be admissible as evidence in any other action or proceeding. SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to provide additional protection to children who are or may become subject to dependency court jurisdiction based on allegations of molestation or sexual abuse, it is necessary that this act take effect immediately.