BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                   AB 299|
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                                 THIRD READING


          Bill No:  AB 299
          Author:   Maze (R)
          Amended:  6/15/05 in Senate
          Vote:     21

           
           SENATE PUBLIC SAFETY COMMITTEE  :  6-0, 6/7/05
          AYES:  Alquist, Poochigian, Cedillo, Margett, Migden,  
            Perata
          NO VOTE RECORDED:  Romero
           
          ASSEMBLY FLOOR :  74-0, 4/7/05 - See last page for vote


           SUBJECT  :    Mandatory child abuse reporting

           SOURCE  :     Author


           DIGEST  :    This bill authorizes the use of fax and  
          electronic transmissions for making mandated written  
          reports of child abuse or neglect, as specified.

           ANALYSIS  :    Existing 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.  

          Existing 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  
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                                                                AB 299
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          reporter shall prepare and send a written report thereof  
          within 36 hours of receiving the information concerning the  
          incident."  

          Existing law provides that the agency shall be notified and  
          a report shall be sent even if the child has expired,  
          regardless of whether or not the possible abuse was a  
          factor contributing to the death, and even if suspected  
          child abuse was discovered during an autopsy.

          This bill revises this last provision to allow these  
          reports to also be made by fax or electronic transmission.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No    
          Local:  No

           SUPPORT :   (Verified  6/14/05)

          California Psychological Association
          California State Sheriffs' Association
          Chief Probation Officers of California
          State Public Affairs Committee Junior Leagues of California


           ARGUMENTS IN SUPPORT  :    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 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."







                                                                AB 299
                                                                Page  
          3



           ASSEMBLY FLOOR  : 
          AYES:  Aghazarian, Arambula, Baca, Bass, Benoit, Berg,  
            Bermudez, Blakeslee, Bogh, Calderon, Canciamilla, Chan,  
            Chavez, Chu, Cogdill, Cohn, Coto, Daucher, De La Torre,  
            DeVore, Dymally, Emmerson, Evans, Frommer, Garcia,  
            Goldberg, Hancock, Harman, Haynes, Jerome Horton, Shirley  
            Horton, Houston, Huff, Jones, Karnette, Keene, Klehs,  
            Koretz, La Malfa, La Suer, Laird, Leno, Leslie, Levine,  
            Liu, Matthews, Maze, McCarthy, Montanez, Mountjoy,  
            Mullin, Nakanishi, Nava, Negrete McLeod, Niello, Oropeza,  
            Parra, Pavley, Plescia, Sharon Runner, Ruskin, Saldana,  
            Salinas, Spitzer, Strickland, Torrico, Tran, Vargas,  
            Villines, Walters, Wolk, Wyland, Yee, Nunez
          NO VOTE RECORDED:  Gordon, Lieber, Nation, Richman,  
            Ridley-Thomas, Umberg


          RJG:mel  6/14/05   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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