BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 525|
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THIRD READING
Bill No: AB 525
Author: Chu (D), et al
Amended: 6/26/06 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 6-0, 6/13/06
AYES: Migden, Poochigian, Cedillo, Margett, Perata, Romero
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : Not relevant
SUBJECT : Mandatory Child Abuse and Neglect Reporting Act
SOURCE : California Association of Marriage and Family
Therapists
DIGEST : This bill amends 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.
ANALYSIS : Current law establishes the Child Abuse and
Neglect Reporting Act (CANRA), which generally is intended
CONTINUED
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to protect children from abuse and neglect. (Penal Code
Section 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 Section 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 anxiety, depression, withdrawal, or untoward
aggressive behavior toward self or others, may make a
report to an agency," as specified. (Penal Code Section
11166.05 (emphasis added).)
This bill as now in print expands 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."
Current law requires mandated reporters to make reports of
suspected child abuse or neglect, as specified. (Penal
Code Section 11165.9.)
This bill amends 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 Section 11166.)
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This bill amends 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 Section 11167.)
This bill amends 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 Section 11167.5.)
This bill amends 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 Section 11170.)
Current law further requires investigating agencies to
inform the reporter of the results of the investigation, as
specified. (Penal Code Section 11170(b)(2).)
This bill amends 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 Section 11160.)
Current law contains a definition of "health practitioner"
for purposes of these provisions which cross-references a
section repealed in unrelated legislation.
This bill makes a technical amendment to correct this
cross-reference.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
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Local: Yes
SUPPORT : (Verified 8/9/06)
California Association of Marriage and Family Therapists
(source)
Office of the Attorney General
Peace Officers Research Association of California
California Dental Association
California District Attorneys Association
National Council of Jewish Women of California
American Federation of State, County, and Municipal
Employees
ARGUMENTS IN SUPPORT : According to the author's office,
"?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?."
RJG:nl 8/10/06 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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