BILL ANALYSIS
AB 525
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 525 (Chu)
As Amended June 26, 2006
Majority vote
-----------------------------------------------------------------
|ASSEMBLY: | |(January 26, |SENATE: |40-0 |(August 16, |
| | |2006) | | |2006) |
-----------------------------------------------------------------
(vote not relevant)
------------------------------------------------------------------------
|COMMITTEE VOTE: |6-0 |(August 23, 2006) |RECOMMENDATION: |concur |
| | | | | |
|(Public Safety) | | | | |
------------------------------------------------------------------------
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.
AB 525
Page 2
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
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
AB 525
Page 3
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 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.
AB 525
Page 4
8)Provides that any 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 a specified agency.
AS PASSED BY THE ASSEMBLY , this bill prohibited the Managed Risk
Medical Insurance Board from imposing, as a condition of
eligibility for the Access for Infants and Mothers 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: 0017022