BILL ANALYSIS
AB 299
Page 1
ASSEMBLY THIRD READING
AB 299 (Maze)
As Amended March 30, 2005
Majority vote
PUBLIC SAFETY 6-0
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|Ayes:|Leno, Cohn, Dymally, |
| |Goldberg, Hancock, |
| |Spitzer |
| | |
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SUMMARY : Allows a mandated reporter who observes or reasonably
suspects a child is a victim of child abuse to make a report to
specified agencies by fax or electronic transmission in addition
to by telephone.
EXISTING LAW :
1)Requires that any mandated reporter who has knowledge of or
observes a child in his or her professional capacity or within
the scope of his or her employment whom he or she knows or
reasonably suspects has been the victim of child abuse shall
report that incident immediately to a specified child
protection agency by telephone, and requires a written report
be sent within 36 hours.
2)Requires that reports of suspected child abuse or neglect
shall be made by a mandated reporter to any police or
sheriff's department, a county probation department if
designated by the county to receive mandated reports, or the
county welfare department.
3)Defines "mandated reporter" as specific child-care custodians,
health practitioners, law enforcement officers, and other
medical and professional persons.
4)Provides that the reporting duties under the Child Abuse and
Neglect Reporting Act are individual, no supervisor or
administrator may impede or inhibit the reporting duties, and
no person making a report shall be subject to any sanctions
for making the report.
AB 299
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5)Provides that any mandated reporter who fails to report an
instance of known or reasonably suspected child abuse or
neglect as required is guilty of a misdemeanor, punishable by
up to six months in the county jail; by a fine of $1,000; or,
by both imprisonment and fine.
6)Requires specified reporting agencies to forward to the
Department of Justice (DOJ) a report of every case of
suspected child abuse or neglect which is determined not to be
unfounded; and if a previously filed report proves to be
unfounded, DOJ shall be notified in writing and shall not
retain that report.
7)Requires at the time a reporting agency forwards a report of
suspected child abuse or neglect to DOJ, the agency notify the
known or suspected child abuser that he or she has been
reported to the Child Abuse Central Index (CACI).
8)Requires DOJ to maintain an index of all reports of child
abuse and neglect submitted by the specified reporting
agencies. The index shall be continually updated and shall
not contain any reports determined to be unfounded.
9)States that DOJ shall act only as a repository of the
suspected child abuse or neglect reports maintained in CACI,
and that the reporting agencies are responsible for the
accuracy, completeness, and retention of reports.
10)Requires that information from an inconclusive or
unsubstantiated suspected child abuse or neglect report shall
be deleted from CACI after 10 years if no subsequent report
concerning the suspected child abuser is received within the
10-year period.
FISCAL EFFECT : None
COMMENTS : According to the author, "Under existing law, a
mandated reporter who observes or reasonably suspects a child is
a victim of child abuse is required to immediately report the
incident by telephone to a law enforcement or child welfare
agency. Under existing law, a child welfare agency is required
to report incidents of suspected child abuse to the law
enforcement having jurisdiction over the case, and is allowed to
transmit the report by telephone, fax, or electronic
AB 299
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transmission. Similarly, this bill would allow all reports of
suspected child abuse to be transmitted by means of telephone,
fax or electronic transmission."
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744
FN: 0009576