BILL ANALYSIS
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Elaine K. Alquist, Chair A
2005-2006 Regular Session B
2
9
9
AB 299 (Maze)
As Amended March 30, 2005
Hearing date: June 7, 2005
Penal Code
AA:br
MANDATORY CHILD ABUSE REPORTING
HISTORY
Source: Author
Prior Legislation: None
Support: California Psychological Association; State Public
Affairs Committee Junior Leagues of California;
California State Sheriffs' Association; Chief Probation
Officers of California
Opposition:None known
Assembly Floor Vote: Ayes 74 - Noes 0
KEY ISSUE
SHOULD THE USE OF FAX AND ELECTRONIC TRANSMISSIONS BE AUTHORIZED FOR
MAKING MANDATED REPORTS OF CHILD ABUSE OR NEGLECT, AS SPECIFIED?
PURPOSE
(More)
AB 299 (Maze)
Page 2
The purpose of this bill is to authorize the use of fax and
electronic transmissions for making mandated reports of child
abuse or neglect, as specified.
Current law generally requires mandated reporters who have
knowledge of or observe a child in their professional capacity
or within the scope of their employment and whom they know or
reasonably suspect has been the victim of child abuse or
neglect, to immediately make a report to a child protection
agency, as specified. (Penal Code 11166 (a).)
Current law requires that the "mandated reporter shall make a
report to the agency immediately or as soon as is practicably
possible by telephone, and the mandated reporter shall prepare
and send a written report thereof within 36 hours of receiving
the information concerning the incident." (Id., emphasis
added.)
This bill would revise this provision to allow these reports
to also be made by fax or electronic transmission.
This bill incorporates these additional transmittal methods
in related subdivisions of Section 11166, as specified.
COMMENTS
1. Stated Need for This Bill
The author states:
"Once amended, AB 299 will allow for technical
changes to Penal Code Section 11166 that permit
follow up reporting in suspected child abuse and/or
neglect cases be made via facsimile and/ or
electronic submittal. My goal with this bill has
always been to aid in the reporting process when it
comes to expedited sharing of information between
the myriad of different agencies involved in
(More)
AB 299 (Maze)
Page 3
investigating these cases. Ultimately, this
expedited reporting will benefit the minor children
all of us are aiming to best protect."
"However, I want to underline that initial reporting
of child abuse and/or neglect cases still needs to
be completed via telephone. I recognize how
essential a thorough investigation is in reviewing
all that is involved with a particular child abuse
and/or neglect report cases. Telephone reporting
will ensure that all necessary information is
appropriately shared."
2. What This Bill Does; Amendments
As explained above, this bill would allow mandated child abuse
or neglect reports to be transmitted by fax or electronically,
in addition to by telephone. Current law requires that reports
of suspected child abuse or neglect "shall be made by mandated
reporters 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." As
discussed below, these proposed provisions would apply both to
initial and subsequent written reports.
The author intends that this bill be amended in Committee as
follows :
Apply the bill's provisions only to the written
follow-up report; and
Technically amend the bill to include its fax and
electronic transmission language in paragraph (2) of
subdivision (a) of Section 16166.
3. Current Practice, Possible Concerns and Suggested
Modifications
The current mandatory child abuse/neglect reporting law requires
(More)
AB 299 (Maze)
Page 4
two distinct reports from mandated reporters: 1) an initial
report, to be made "immediately or as soon as is practicably
possible"; and 2) a written report "within 36 hours of receiving
the information concerning the incident." Current law requires
that the first report be made by telephone, and that the
subsequent report be sent in writing. The written report can be
a completed form available from the Department of Justice
("DOJ"), "Suspected Child Abuse Report Form," (SS 8572).
(More)
As currently in print, this bill would provide that both the
initial report, which must be made "immediately," and the
subsequent written report, required within 36 hours, could be
made by fax or electronically. Concerns have been raised that
allowing both of these report stages to be made by fax or
electronically might confuse mandated reporters. For example,
if a mandated reporter fulfills the initial report by fax, and
even uses the DOJ form noted above, would that also fulfill the
"written report" requirement? And, would a report be delayed if
the reporter, instead of making a telephone call, took the time
to fill out and fax or e-mail a written report?
In addition, there are benefits of requiring mandated reporters
to make their initial reports solely by telephone which could be
affected by this bill. For example, many child protective
services programs throughout the state engage in discussions
with mandated reporters when the mandated reporter is not quite
sure if a report is necessary. In these cases and in cases
where a report is actually being made, in the discussion, child
protective services ("CPS") staff can glean information that
might be critical to the response in case a response is
indicated. If a fax or electronic transmission were allowed,
these discussions would not happen.
Additionally, if more information is needed CPS would then need
to contact the mandated reporter, which would be time consuming
and, if an immediate response is indicated, could delay a
response, thereby placing children at further risk of abuse.
These discussions during an initial report can also be
instructive to a mandated reporter in fulfilling their reporting
duties and increases their ability to file reports consistent
with their legal responsibilities.
Finally, there arguably may be some increased risk of unfounded
reports if the initial report occurs without personal contact
between a reporter and CPS.
As noted above, the author has agreed to amend this bill to
authorize faxed or electronically-transmitted reports only for
(More)
AB 299 (Maze)
Page 6
the written report, and not for the initial telephonic report.
The author additionally may wish to include a technical
amendment including the proposed fax and electronic transmission
language to paragraph (2) of subdivision (a) of Section 11166.
***************