BILL ANALYSIS
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Carole Migden, Chair A
2005-2006 Regular Session B
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AB 525 (Chu)
As Amended May 24, 2006
Hearing date: June 13, 2006
Penal Code
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MANDATORY CHILD ABUSE AND NEGLECT REPORTING ACT
HISTORY
Source: California Association of Marriage and Family
Therapists
Prior Legislation: SB 1313 (Kuehl) - Ch. 842, Stats. 2004
AB 102 (Rod Pacheco) - Ch. 133, Stats. 2001
Support: Peace Officers Research Association of California;
California Dental Association; California District
Attorneys Association
Opposition:Family Law Section of the State Bar of California
Assembly Floor Vote: N/A
( NOTE : SEE COMMENT #1 FOR AMENDMENTS THE AUTHOR INTENDS TO
SUBMIT TO THE COMMITTEE.)
KEY ISSUE
SHOULD THE CHILD ABUSE AND NEGLECT REPORTING ACT BE AMENDED TO
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INCLUDE SEVERAL CLARIFYING CROSS-REFERENCES TO THE EXISTING
PROVISION AUTHORIZING REPORTS WHERE A MANDATED REPORTER SUSPECTS A
CHILD IS, OR IS AT SUBSTANTIAL RISK FOR, SUFFERING SERIOUS EMOTIONAL
DAMAGE, AS SPECIFIED?
PURPOSE
The purpose of this bill is to amend several provisions of the
Child Abuse and Neglect Reporting Act to expressly incorporate
existing law which authorizes mandated reporters to make a
report when the reporter has knowledge of or reasonably
suspects that a child is suffering serious emotional damage or
is at a substantial risk of suffering serious emotional damage,
evidenced by states of being or behavior, including, but not
limited to, severe anxiety, depression, withdrawal, or untoward
aggressive behavior toward self or others.
Current law establishes the Child Abuse and Neglect Reporting
Act ("CANRA"), which generally is intended to protect children
from abuse and neglect. (Penal Code 11164.)
Under current law the term "child abuse or neglect" for purposes
of CANRA "includes physical injury inflicted by other than
accidental means upon a child by another person, sexual abuse as
defined . . . , neglect as defined . . . , the willful harming
or injuring of a child or the endangering of the person or
health of a child, as defined . . . , and unlawful corporal
punishment or injury as defined . . . . 'Child abuse or
neglect' does not include a mutual affray between minors.
'Child abuse or neglect' does not include an injury caused by
reasonable and necessary force used by a peace officer acting
within the course and scope of his or her employment as a peace
officer." (Penal Code 11165.6.)
Current law provides that "(a)ny mandated reporter who has
knowledge of or who reasonably suspects that a child is
suffering serious emotional damage or is at a substantial risk
of suffering serious emotional damage, evidenced by states of
being or behavior, including, but not limited to, severe
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anxiety, depression, withdrawal, or untoward aggressive behavior
toward self or others, may make a report to an agency," as
specified. (Penal Code 11166.05 (emphasis added).)
This bill as now in print would expand the definition of "child
abuse or neglect" set forth in Penal Code Section 11165.6 to
provide that "(c)hild abuse or neglect also includes instances
in which a child suffers or is at substantial risk of suffering
serious emotional damages as described in Section 11166.05."<1>
Current law requires mandated reporters to make reports of
suspected child abuse or neglect, as specified. (Penal Code
11165.9.)
This bill would amend this section to expressly authorize (but
not require) reports made pursuant to Penal Code Section
11165.05 which, as described above, are discretionary.
Current law describes the circumstances when a mandated reporter
is required to make a child abuse or neglect report. (Penal
Code 11166.<2>)
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<1> See Comment 1 for amendments the author intends to submit
in Committee to delete this proposed amendment.
<2> "Except as provided . . . a mandated reporter shall make a
report to an agency . . . whenever the mandated reporter, in his
or her professional capacity or within the scope of his or her
employment, has knowledge of or observes a child whom the
mandated reporter knows or reasonably suspects has been the
victim of child abuse or neglect. . . ." (Penal Code
11166(a).)
This bill would amend this section to expressly except from its
provisions reports made pursuant to Penal Code Section 11165.05
which, as described above, are discretionary.
Current law describes what must be included in reports of
suspected child abuse or neglect, as specified. (Penal Code
11167.)
This bill would amend this section to expressly include a
cross-reference to reports made pursuant to Penal Code Section
11165.05, described above.
Current law generally provides that reports made in conjunction
with CANRA are confidential, as specified. (Penal Code
11167.5.)
This bill would amend this section to expressly include a
cross-reference to reports made pursuant to Penal Code Section
11165.05, described above, and makes a technical correction.
Current law requires the Department of Justice to maintain an
index of all reports filed pursuant to the requirements of
CANRA, as specified. (Penal Code 11170.) Current law further
requires investigating agencies to inform the reporter of the
results of the investigation, as specified. (Penal Code
11170(b)(2).)
This bill would amend this paragraph to expressly include a
cross-reference to reports made pursuant to Penal Code Section
11165.05, described above.
Current law imposes specified mandated reporting requirements on
health practitioners concerning injuries caused by firearms or
assaultive conduct, as specified. (Penal Code 11160.)
Current law contains a definition of "health practitioner" for
purposes of these provisions which cross-references a section
repealed in unrelated legislation.
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This bill makes a technical amendment to correct this
cross-reference.
COMMENTS
1. Author's Amendments
The author intends to amend the May 24, 2006 version of this
bill, which this analysis reflects, as follows:
Strike Section 2 of the bill, as amended May
24, 2006, which would have added serious emotional
damage to the definition of child abuse and
neglect.
2. Stated Need for This Bill
The author states in part:
. . . Over the last few years there have been changes
made to the child abuse laws that have created some
confusion regarding the discretionary reporting of
emotional abuse. The proposed revisions to the Penal
Code (in this bill) are largely necessitated by the
fact that the emotional abuse reporting provisions in
the child abuse reporting law . . . were
inadvertently repealed by AB 1241 (2000), and
subsequently were moved to new Section 11166.05 when
the provisions were reenacted in 2002 (AB 102). The
proposed amendments make it clear that emotional
abuse under Section 11166.05 is child abuse, and
makes conforming and clarifying amendments to
existing law. . . .
3. What This Bill Would Do
As proposed to be amended by the author, this bill would revise
provisions of the Child Abuse and Neglect Reporting Act to
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cross-reference and otherwise reflect the existing discretionary
reporting provisions of the Act concerning serious emotional
damage (Penal Code 11166.05). Recent amendments also include
within this bill a strictly technical correction to a provision
of the mandatory firearm injury reporting laws.
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