BILL ANALYSIS
AB 776
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 776 (Chu)
As Amended August 24, 2005
Majority vote
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|ASSEMBLY: |73-0 |(May 5, 2005) |SENATE: |40-0 |(August 30, |
| | | | | |2005) |
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Original Committee Reference: PUB. S.
SUMMARY : Requires specified law enforcement agencies and county
welfare departments that receive reports of suspected child
abuse and neglect to keep a record of all reports received.
The Senate amendments :
1)Requires specified law enforcement agencies and county welfare
departments that receive reports of suspected child abuse and
neglect to keep a record of all reports received, and prohibit
these agencies from refusing to accept a report.
2)Provide that if after reasonable efforts have been made a
mandated reporter is unable to make an initial report by
telephone, he or she shall by fax or electronic transmission
make a one-time automated written report and be available to
respond to a follow-up call by the agency with which the
report was filed.
3)Provides that the one-time automated written report shall be
clearly identifiable so that it is not mistaken for a standard
written follow-up report.
4)Add a sunset date of January 1, 2009 on the provision that
require a one-time automated report if a mandated reporter is
unable to make an initial telephone report.
5)Require the Department of Social Services on the inoperative
date of the one-time report provision to submit a report to
the counties and the Legislature that reflects the data
collected as to why the one-time report was filed in lieu of
the initial phone call.
AB 776
Page 2
6)Allow written reports of suspected child abuse or neglect to
be made via facsimile or electronic transmission.
7)Delete provision which allowed an initial report of child
abuse or neglect to be made by facsimile or electronic
transmission.
8)Add findings and declarations regarding the importance of an
initial report of child abuse and neglect being made by
telephone in order to assess the validity and seriousness of
the report.
EXISTING LAW :
1)Requires that any mandated reporter who has knowledge of, or
observes, a child in his or her professional capacity or
within the scope of his or her employment whom he or she
knows, or reasonably suspects, has been the victim of child
abuse shall report that incident immediately to a specified
child protection agency by telephone, and requires a written
report be sent within 36 hours.
2)Requires that reports of suspected child abuse or neglect
shall be made by a mandated reporter to any police or
sheriff's department, a county probation department if
designated by the county to receive mandated reports, or the
county welfare department.
3)Defines "mandated reporter" as specific child-care custodians,
health practitioners, law enforcement officers, and other
medical and professional persons.
4)Provides that the reporting duties under Child Abuse and
Neglect Reporting Act (CANRA) are individual, no supervisor or
administrator may impede or inhibit the reporting duties, and
no person making a report shall be subject to any sanctions
for making the report.
5)Provides that any mandated reporter who fails to report an
instance of known or reasonably suspected child abuse or
neglect as required is guilty of a misdemeanor, punishable by
up to six months in the county jail; by a fine of $1,000; or
by both imprisonment and fine.
AB 776
Page 3
AS PASSED BY THE ASSEMBLY , this bill allowed specified law
enforcement agencies and county welfare departments to accept
reports of suspected child abuse and neglect submitted by
telephone, facsimile or electronic transmission.
FISCAL EFFECT : None
COMMENTS : According to the author, "Under existing law, any
police department, sheriff's department, or county welfare
department is required to accept reports of suspected child or
neglect. This bill requires these agencies to keep a record of
al child abuse and neglect reports received.
Please see the policy committee analysis for full discussion of
this bill.
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744
FN: 0012400