BILL ANALYSIS
AB 525
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 525 (Chu)
As Amended June 26, 2006
Majority vote
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|ASSEMBLY: | |(January 26, |SENATE: |40-0 |(August 16, |
| | |2006) | | |2006) |
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(vote not relevant)
Original Committee Reference: HEALTH
SUMMARY : Amends several provisions of the Child Abuse and
Neglect Reporting Act to conform the procedures for reporting of
instances of child abuse or neglect, 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.
The Senate amendments delete the Assembly version of this bill,
and instead:
1)Include reports of suspected child abuse or neglect based on
instances of actual or risk of serious emotional damage in the
section providing that these reports may be made to specified
law enforcement offices.
2)Exclude reports of suspected child abuse or neglect based on
instances of actual or risk of serious emotional damage from
the requirement that a report be made to specified agencies.
3)Include reports of suspected child abuse or neglect based on
instances of actual or risk of serious emotional damage in the
section specifying information to be included in suspected
child abuse or neglect reports.
4)Include reports of suspected child abuse or neglect based on
instances of actual or risk of serious emotional damage in the
section requiring that these reports be filed with the
Department of Justice and be confidential.
5)Include reports of suspected child abuse or neglect based on
instances of actual or risk of serious emotional damage in the
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section providing that when a child abuse report is made the
investigating agency, upon completion of the investigation or
after there has been a final disposition in the mater, shall
inform the person required or authorized to report of the
results of the investigation and of any action the agency is
taking with regard to the child or family.
6)Correct an obsolete cross-reference.
EXISTING LAW :
1)Defines "neglect" as the negligent treatment or the
maltreatment of a child by a person responsible for the
child's welfare under circumstances indicating harm or
threatened harm to the child's health or welfare. The term
includes both acts and omissions on the part of the
responsible person.
2)Defines "child abuse or neglect" as including physical injury
inflicted by other than accidental means upon a child by
another person, sexual abuse, neglect, the willful harming or
injuring of a child or the endangering of the person or health
of a child, and unlawful corporal punishment or injury.
3)Provides a list of who is considered a "mandated reporter."
This list includes, but is not limited to: teachers, specified
school employees, day camp administrators, social workers,
firefighters, physicians, coroners, and clergy members.
4)Provides 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. Any of those agencies shall accept
a report of suspected child abuse or neglect whether offered
by a mandated reporter or another person, or referred by
another agency, even if the agency to whom the report is being
made lacks subject matter or geographical jurisdiction to
investigate the reported case, unless the agency can
immediately electronically transfer the call to an agency with
proper jurisdiction. When an agency takes a report about a
case of suspected child abuse or neglect in which that agency
lacks jurisdiction, the agency shall immediately refer the
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case by telephone, fax, or electronic transmission to an
agency with proper jurisdiction. Agencies that are required
to receive reports of suspected child abuse or neglect may not
refuse to accept a report of suspected child abuse or neglect
from a mandated reporter or another person unless otherwise
authorized pursuant to this section, and shall maintain a
record of all reports received.
5)Provides that, except as specified, a mandated reporter shall
make a report to an agency, as specified, 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. The mandated reporter shall make an initial report to
the agency immediately or as soon as is practicably possible
by telephone and the mandated reporter shall prepare and send,
fax, or electronically transmit a written follow-up report
thereof within 36 hours of receiving the information
concerning the incident. The mandated reporter may include
with the report any non-privileged documentary evidence the
mandated reporter possesses relating to the incident.
6)Defines "reasonable suspicion" as meaning that it is
objectively reasonable for a person to entertain a suspicion,
based upon facts that could cause a reasonable person in a
like position, drawing, when appropriate, on his or her
training and experience, to suspect child abuse or neglect.
For the purpose of this article, the pregnancy of a minor does
not, in and of itself, constitute a basis for a reasonable
suspicion of sexual abuse.
7)Provides that any mandated reporter who fails to report an
incident of known or reasonably suspected child abuse or
neglect as required by this section is guilty of a misdemeanor
punishable by up to six months confinement in a county jail or
by a fine of $1,000 or by both that imprisonment and fine. If
a mandated reporter intentionally conceals his or her failure
to report an incident known by the mandated reporter to be
abuse or severe neglect under this section, the failure to
report is a continuing offense until a specified agency
discovers the offense.
8)Provides that any mandated reporter who has knowledge of or
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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 a specified agency.
AS PASSED BY THE ASSEMBLY , this bill prohibited the Managed Risk
Medical Insurance Board (MRMIB) from imposing, as a condition of
eligibility for the Access for Infants and Mothers (AIM)
program, a written verification of pregnancy requirement.
FISCAL EFFECT : According to the Senate Appropriations Committee
analysis, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : This bill was substantially amended in the Senate and
the Assembly-approved provisions of this bill were deleted.
This bill, as amended in the Senate is inconsistent with
Assembly actions.
Analysis Prepared by : Heather Hopkins / PUB. S. / (916)
319-3744
FN: 0016262