BILL NUMBER: AB 2938 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Sharon Runner
(Coauthor: Assembly Member Bass)
FEBRUARY 24, 2006
An act to amend Section 11174.34 of the Penal Code, and to amend
Sections 827 and 10850 of the Welfare and Institutions Code, relating
to juveniles.
LEGISLATIVE COUNSEL'S DIGEST
AB 2938, as introduced, Sharon Runner Juvenile case files.
Existing federal law, the Child Abuse Prevention and Treatment
Act, provides grants to those states that enact state laws that,
among other requirements, allow public disclosure of information
regarding cases of child abuse or neglect that result in a child
fatality or near fatality. Existing state law requires county child
welfare agencies to create a record in the Child Welfare
Services/Case Management System on all cases of child death suspected
to be related to child abuse or neglect. Existing state law also
generally provides for the confidentiality of juvenile case files.
However, state law requires the release to the public, under
specified conditions, of juvenile case files that pertain to a
deceased child who was a dependent child of the juvenile court.
This bill would instead require county child welfare agencies to
create a record in the Child Welfare Services/Case Management System
on all cases of child fatality or near fatality, as defined,
suspected to be related to child abuse or neglect. The bill would
expand the above provision requiring the release of juvenile case
files in the case of a child death to additionally require the
release of juvenile court records and both county and state case
files, as specified, pertaining to a case of child abuse or neglect
that resulted in a child fatality or near fatality. The bill would
also require that certain information be redacted. By imposing
additional duties on local agencies, the bill would impose a
state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature hereby finds and declares the
following:
(1) A provision of the federal Child Abuse Prevention and
Treatment Act, hereafter CAPTA, provides grants to states whose laws
allow for public disclosure of the findings or information in cases
of child abuse or neglect that resulted in a child fatality or near
fatality (42 U.S.C. Sec. 5106a). The CAPTA disclosure requirements
are an exception to general confidentiality laws and are intended to
ensure that the public has access to information in order to prevent
tragedies from recurring.
(2) Providing access to government records relating to agencies
charged with protecting children from abuse or neglect provides the
public with insight into the circumstances that led to the fatality
or near fatality so that other children will not suffer a similar
fate.
(3) The federal Department of Health and Human Services has
notified California that it is out of compliance with federal law
requiring the public disclosure of information about cases of child
abuse or neglect that have resulted in a child fatality or near
fatality, and that the state risks losing over three million dollars
($3,000,000) in federal CAPTA funds if it does not come into
compliance.
(4) Reports published by California's Death Review Council do not
comply with CAPTA requirements.
(5) Paragraph (1) of subdivision (b) of Section 3 of Article I of
the California Constitution provides that the people have the right
of access to information concerning the conduct of the people's
business, and, therefore, the meetings of public bodies and the
writings of public officials and agencies shall be open to public
scrutiny.
(b) Therefore, it is the intent of the Legislature to do all of
the following:
(1) Ensure that California is in compliance with CAPTA and not
jeopardize the receipt of over three million dollars ($3,000,000) in
federal CAPTA funds.
(2) Allow for the public disclosure of case-specific facts and
information regarding child abuse or neglect that have resulted in a
child fatality or near fatality.
(3) Permit the broadest disclosure of government records relating
to child fatalities and near fatalities as possible while protecting
the confidentiality of siblings, half-siblings, and other children,
government employees, and mandatory and voluntary reporters of child
abuse, without jeopardizing a criminal investigation or proceeding.
SEC. 2. Section 11174.34 of the Penal Code is amended to read:
11174.34. (a) (1) The purpose of this section shall be to
coordinate and integrate state and local efforts to address fatal
child abuse or neglect, and to create a body of information to
prevent child deaths.
(2) It is the intent of the Legislature that the California State
Child Death Review Council, the Department of Justice, the State
Department of Social Services, the State Department of Health
Services, and state and local child death review teams shall share
data and other information necessary from the Department of Justice
Child Abuse Central Index and Supplemental Homicide File, the State
Department of Health Services Vital Statistics and the Department of
Social Services Child Welfare Services/Case Management System files
to establish accurate information on the nature and extent of child
abuse or neglect related fatalities in California as those documents
relate to child fatality cases. Further, it is the intent of the
Legislature to ensure that records of child abuse or neglect related
fatalities are entered into the State Department of Social Services,
Child Welfare Services/Case Management System. It is also the intent
that training and technical assistance be provided to child death
review teams and professionals in the child protection system
regarding multiagency case review.
(b) (1) It shall be the duty of the California State Child Death
Review Council to oversee the statewide coordination and integration
of state and local efforts to address fatal child abuse or neglect
and to create a body of information to prevent child deaths. The
Department of Justice, the State Department of Social Services, the
State Department of Health Services, the California Coroner's
Association, the County Welfare Directors Association, Prevent Child
Abuse California, the California Homicide Investigators Association,
the agency or agencies designated by the Director of Finance pursuant
to Section 13820, the Inter-Agency Council on Child Abuse and
Neglect/National Center on Child Fatality Review, the California
Conference of Local Health Officers, the California Conference of
Local Directors of Maternal, Child, and Adolescent Health, the
California Conference of Local Health Department Nursing Directors,
the California District Attorneys Association, and at least three
regional representatives, chosen by the other members of the council,
working collaboratively for the purposes of this section, shall be
known as the California State Child Death Review Council. The council
shall select a chairperson or cochairpersons from the members.
(2) The Department of Justice is hereby authorized to carry out
the purposes of this section by coordinating council activities and
working collaboratively with the agencies and organizations in
paragraph (1), and may consult with other representatives of other
agencies and private organizations, to help accomplish the purpose of
this section.
(c) Meetings of the agencies and organizations involved shall be
convened by a representative of the Department of Justice. All
meetings convened between the Department of Justice and any
organizations required to carry out the purpose of this section shall
take place in this state. There shall be a minimum of four meetings
per calendar year.
(d) To accomplish the purpose of this section, the Department of
Justice and agencies and organizations involved shall engage in the
following activities:
(1) Analyze and interpret state and local data on child death in
an annual report to be submitted to local child death review teams
with copies to the Governor and the Legislature, no later than July 1
of each year. Copies of the report shall also be
distributed to public officials in the state who deal with child
abuse issues and to those agencies responsible for child death
investigation in each county. The report shall contain, but not be
limited to, information provided by state agencies and the county
child death review teams for the preceding year.
The state data shall include the Department of Justice Child Abuse
Central Index and Supplemental Homicide File, the State Department
of Health Services Vital Statistics, and the State Department of
Social Services Child Welfare Services/Case Management System.
(2) In conjunction with the agency or agencies designated by the
Director of Finance pursuant to Section 13820, coordinate statewide
and local training for county death review teams and the members of
the teams, including, but not limited to, training in the application
of the interagency child death investigation protocols and
procedures established under Sections 11166.7
11174.32 and 11166.8 11174.33 to
identify child deaths associated with abuse or neglect.
(e) The State Department of Health Services, in collaboration with
the California State Child Death Review Council, shall design, test
and implement a statewide child abuse or neglect fatality tracking
system incorporating information collected by local child death
review teams. The department shall:
(1) Establish a minimum case selection criteria and review
protocols of local child death review teams.
(2) Develop a standard child death review form with a minimum core
set of data elements to be used by local child death review teams,
and collect and analyze that data.
(3) Establish procedural safeguards in order to maintain
appropriate confidentiality and integrity of the data.
(4) Conduct annual reviews to reconcile data reported to the State
Department of Health Services Vital Statistics, Department of
Justice Homicide Files and Child Abuse Central Index, and the State
Department of Social Services Child Welfare Services/Case Management
System data systems, with data provided from local child death review
teams.
(5) Provide technical assistance to local child death review teams
in implementing and maintaining the tracking system.
(6) This subdivision shall become operative on July 1, 2000, and
shall be implemented only to the extent that funds are appropriated
for its purposes in the Budget Act.
(f) Local child death review teams shall participate in a
statewide child abuse or neglect fatalities monitoring system by:
(1) Meeting the minimum standard protocols set forth by the State
Department of Health Services in collaboration with the California
State Child Death Review Council.
(2) Using the standard data form to submit information on child
abuse or neglect fatalities in a timely manner established by the
State Department of Health Services.
(g) The California State Child Death Review Council shall monitor
the implementation of the monitoring system and incorporate the
results and findings of the system and review into an annual report.
(h) The Department of Justice shall direct the creation,
maintenance, updating, and distribution electronically and by paper,
of a statewide child death review team directory, which shall contain
the names of the members of the agencies and private organizations
participating under this section, and the members of local child
death review teams and local liaisons to those teams. The department
shall work in collaboration with members of the California State
Child Death Review Council to develop a directory of professional
experts, resources, and information from relevant agencies and
organizations and local child death review teams, and to facilitate
regional working relationships among teams. The Department of Justice
shall maintain and update these directories annually.
(i) The agencies or private organizations participating under this
section shall participate without reimbursement from the state.
Costs incurred by participants for travel or per diem shall be borne
by the participant agency or organization. The participants shall be
responsible for collecting and compiling information to be included
in the annual report. The Department of Justice shall be responsible
for printing and distributing the annual report using available funds
and existing resources.
(j) The agency or agencies designated by the Director of Finance
pursuant to Section 13820, in coordination with the State Department
of Social Services, the Department of Justice, and the California
State Child Death Review Council shall contract with state or
nationally recognized organizations in the area of child death review
to conduct statewide training and technical assistance for local
child death review teams and relevant organizations, develop
standardized definitions for fatal child abuse or neglect, develop
protocols for the investigation of fatal child abuse or neglect, and
address relevant issues such as grief and mourning, data collection,
training for medical personnel in the identification of child abuse
or neglect fatalities, domestic violence fatality review, and other
related topics and programs. The provisions of this subdivision shall
only be implemented to the extent that the agency or agencies
designated by the Director of Finance pursuant to Section 13820 can
absorb the costs of implementation within its current funding, or to
the extent that funds are appropriated for its purposes in the Budget
Act.
(k) Law enforcement and child welfare agencies shall cross-report
all cases of child death suspected to be related to child abuse or
neglect whether or not the deceased child has any known surviving
siblings.
(l) County child welfare agencies shall create a record in the
Child Welfare Services/Case Management System (CWS/CMS) on all cases
of child death fatality or near fatality
suspected to be related to child abuse or neglect, whether or
not the deceased child has any known surviving siblings. Upon
notification that the death fatality or near
fatality was determined not to be related to child abuse or
neglect, the child welfare agency shall enter that information into
the Child Welfare Services/Case Management System. For the
purposes of this subdivision, a "near fatality" means a severe
childhood injury resulting in admission to a critical care unit for
greater than 24 hours following the injury.
SEC. 3. Section 827 of the Welfare and Institutions Code is
amended to read:
827. (a) (1) Except as provided in Section 828, a case file may
be inspected only by the following:
(A) Court personnel.
(B) The district attorney, a city attorney, or city prosecutor
authorized to prosecute criminal or juvenile cases under state law.
(C) The minor who is the subject of the proceeding.
(D) His or her parents or guardian.
(E) The attorneys for the parties, judges, referees, other hearing
officers, probation officers, and law enforcement officers who are
actively participating in criminal or juvenile proceedings involving
the minor.
(F) The superintendent or designee of the school district where
the minor is enrolled or attending school.
(G) Members of the child protective agencies as defined in Section
11165.9 of the Penal Code.
(H) The State Department of Social Services to carry out its
duties pursuant to Division 9 (commencing with Section 10000) of
this code , and Part 5 (commencing with Section 7900) of
Division 12 , of the Family Code , to
oversee and monitor county child welfare agencies, children in foster
care or receiving foster care assistance, and out-of-state
placements.
(I) Authorized legal staff or special investigators who are peace
officers who are employed by, or who are authorized representatives
of, the State Department of Social Services, as necessary to the
performance of their duties to inspect, license, and investigate
community care facilities, and to ensure that the standards of care
and services provided in those facilities are adequate and
appropriate and to ascertain compliance with the rules and
regulations to which the facilities are subject. The confidential
information shall remain confidential except for purposes of
inspection, licensing, or investigation pursuant to Chapter 3
(commencing with Section 1500) and Chapter 3.4 (commencing with
Section 1596.70) of Division 2 of the Health and Safety Code, or a
criminal, civil, or administrative proceeding in relation thereto.
The confidential information may be used by the State Department of
Social Services in a criminal, civil, or administrative proceeding.
The confidential information shall be available only to the judge or
hearing officer and to the parties to the case. Names that are
confidential shall be listed in attachments separate to the general
pleadings. The confidential information shall be sealed after the
conclusion of the criminal, civil, or administrative hearings, and
may not subsequently be released except in accordance with this
subdivision. If the confidential information does not result in a
criminal, civil, or administrative proceeding, it shall be sealed
after the State Department of Social Services decides that no further
action will be taken in the matter of suspected licensing
violations. Except as otherwise provided in this subdivision,
confidential information in the possession of the State Department of
Social Services may not contain the name of the minor.
(J) Members of children's multidisciplinary teams, persons, or
agencies providing treatment or supervision of the minor.
(K) A judge, commissioner, or other hearing officer assigned to a
family law case with issues concerning custody or visitation, or
both, involving the minor, and the following persons, if actively
participating in the family law case: a family court mediator
assigned to a case involving the minor pursuant to Article 1
(commencing with Section 3160) of Chapter 11 of Part 2 of Division 8
of the Family Code, a court-appointed evaluator or a person
conducting a court-connected child custody evaluation, investigation,
or assessment pursuant to Section 3111 or 3118 of the Family Code,
and counsel appointed for the minor in the family law case pursuant
to Section 3150 of the Family Code. Prior to allowing counsel
appointed for the minor in the family law case to inspect the file,
the court clerk may require counsel to provide a certified copy of
the court order appointing him or her as the minor's counsel.
(L) A court-appointed investigator who is actively participating
in a guardianship case involving a minor pursuant to Part 2
(commencing with Section 1500) of Division 4 of the Probate Code and
acting within the scope of his or her duties in that case.
(M) A local child support agency for the purpose of establishing
paternity and establishing and enforcing child support orders.
(N) Juvenile justice commissions as established under Section 225.
The confidentiality provisions of Section 10850 shall apply to a
juvenile justice commission and its members.
(O) Any other person who may be designated by court order of the
judge of the juvenile court upon filing a petition.
(2) Notwithstanding any other law and subject to
subparagraph (A) of paragraph (3) , including
paragraphs (3) and (4) , juvenile case files, any juvenile
court records, and any county welfare department and State
Department of Social Services case files, regardless of whether they
are maintained electronically or on paper, except those
relating to matters within the jurisdiction of the court pursuant to
Section 601 or 602, that pertain to a deceased
case of child abuse or neglect that has resulted in a child
fatality or near fatality of a child who was within
the jurisdiction of the juvenile court pursuant to Section 300
, shall be released to the public pursuant to an
order by the juvenile court after a petition has been filed and
interested parties have been afforded an opportunity to file an
objection. Any information relating to another child or which could
identify another child, except for information about the deceased,
shall be redacted from the juvenile case file prior to release,
unless a specific order is made by the juvenile court to the
contrary. Except as provided in this paragraph, the presiding judge
of the juvenile court may issue an order prohibiting or limiting
access to the juvenile case file, or any portion thereof, of a
deceased child only upon a showing that release of the juvenile case
file or any portion thereof is detrimental to the safety, protection,
or physical or emotional well-being of another child who is directly
or indirectly connected to the juvenile case that is the subject of
the petition and shall not be exempt from disclosure
under any provision of the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1 of the
Government Code).
(A) Prior to releasing any record
pursuant to this paragraph the custodian of the records
shall redact the following information:
(i) Any information relating to another
child, or that could identify another child, except for information
about the deceased child or the child who suffered a near fatality.
(ii) The names, addresses, telephone
numbers, or any other identifying information of any county or state
personnel referred to in the juvenile case file.
(iii) The names, addresses, telephone
numbers, or any other identifying information of any individual
reporting abuse or neglect of a child.
(iv) Any information that would
jeopardize a criminal investigation or proceeding.
(B) The custodian of any
records required to be released pursuant to this paragraph that
contain redacted information shall specify in a separate
document the specific bases, as enumerated in subparagraph (A), for
each redaction.
(C) If the custodian of a juvenile case file required to be
released under this paragraph believes that, despite the permitted
redaction, disclosure of the case file, or any portion thereof, would
be seriously and unavoidably detrimental to the safety, protection,
or physical or mental and emotional well-being of another child who
is directly or indirectly connected to the juvenile case file that is
the subject of the petition, he or she may, with notice to the
requesting person, petition the presiding judge of the juvenile court
to issue an order prohibiting or limiting access to the case file.
If a person who requests a case file under this paragraph believes
that any redactions or limitations in released case files do not
comply with this paragraph, he or she may, with notice to the
custodian of the case file, petition the presiding judge of the
juvenile court to issue an order granting access to all or a portion
of the case file.
(D) For the purposes of this
paragraph, a "near fatality" means a severe childhood injury
resulting in admission to a critical care unit for greater than
24 hours following the injury .
(3) Access to juvenile case files pertaining to matters within the
jurisdiction of the juvenile court pursuant to Section 300 shall be
limited as follows:
(A) If a juvenile case file, or any portion thereof, is privileged
or confidential pursuant to any other state law or federal law or
regulation, the requirements of that state law or federal law or
regulation prohibiting or limiting release of the juvenile case file
or any portions thereof shall prevail. Unless a person is listed in
subparagraphs (A) to (N), inclusive, of paragraph (1) and is entitled
to access under the other state law or federal law or regulation
without a court order, all those seeking access, pursuant to other
authorization, to portions of, or information relating to the
contents of, juvenile case files protected under another state law or
federal law or regulation, shall petition the juvenile court. The
juvenile court may only release the portion of, or information
relating to the contents of, juvenile case files protected by another
state law or federal law or regulation if disclosure is not
detrimental to the safety, protection, or physical or emotional
well-being of a child who is directly or indirectly connected to the
juvenile case that is the subject of the petition. This paragraph
shall not be construed to limit the ability of the juvenile court to
carry out its duties in conducting juvenile court proceedings.
(B) Prior to the release of the juvenile case file or any portion
thereof, the court shall afford due process, including a notice of
and an opportunity to file an objection to the release of the record
or report to all interested parties.
(4) A juvenile case file, any portion thereof, and information
relating to the content of the juvenile case file, may not be
disseminated by the receiving agencies to any persons or agencies,
other than those persons or agencies authorized to receive documents
pursuant to this section. Further, a juvenile case file, any portion
thereof, and information relating to the content of the juvenile case
file, may not be made as an attachment to any other documents
without the prior approval of the presiding judge of the juvenile
court, unless it is used in connection with and in the course of a
criminal investigation or a proceeding brought to declare a person a
dependent child or ward of the juvenile court.
(b) (1) While the Legislature reaffirms its belief that juvenile
court records, in general, should be confidential, it is the intent
of the Legislature in enacting this subdivision to provide for a
limited exception to juvenile court record confidentiality to promote
more effective communication among juvenile courts, family courts,
law enforcement agencies, and schools to ensure the rehabilitation of
juvenile criminal offenders as well as to lessen the potential for
drug use, violence, other forms of delinquency, and child abuse.
(2) Notwithstanding subdivision (a), written notice that a minor
enrolled in a public school, kindergarten to grade 12, inclusive, has
been found by a court of competent jurisdiction to have committed
any felony or any misdemeanor involving curfew, gambling, alcohol,
drugs, tobacco products, carrying of weapons, a sex offense listed in
Section 290 of the Penal Code, assault or battery, larceny,
vandalism, or graffiti shall be provided by the court, within seven
days, to the superintendent of the school district of attendance.
Written notice shall include only the offense found to have been
committed by the minor and the disposition of the minor's case. This
notice shall be expeditiously transmitted by the district
superintendent to the principal at the school of attendance. The
principal shall expeditiously disseminate the information to those
counselors directly supervising or reporting on the behavior or
progress of the minor. In addition, the principal shall disseminate
the information to any teacher or administrator directly supervising
or reporting on the behavior or progress of the minor whom the
principal believes needs the information to work with the pupil in an
appropriate fashion, to avoid being needlessly vulnerable or to
protect other persons from needless vulnerability.
Any information received by a teacher, counselor, or administrator
under this subdivision shall be received in confidence for the
limited purpose of rehabilitating the minor and protecting students
and staff, and shall not be further disseminated by the teacher,
counselor, or administrator, except insofar as communication with the
juvenile, his or her parents or guardians, law enforcement
personnel, and the juvenile's probation officer is necessary to
effectuate the juvenile's rehabilitation or to protect students and
staff.
An intentional violation of the confidentiality provisions of this
paragraph is a misdemeanor punishable by a fine not to exceed five
hundred dollars ($500).
(3) If a minor is removed from public school as a result of
the court's finding described in subdivision (b), the superintendent
shall maintain the information in a confidential file and shall defer
transmittal of the information received from the court until the
minor is returned to public school. If the minor is returned to a
school district other than the one from which the minor came, the
parole or probation officer having jurisdiction over the minor shall
so notify the superintendent of the last district of attendance, who
shall transmit the notice received from the court to the
superintendent of the new district of attendance.
(c) Each probation report filed with the court concerning a minor
whose record is subject to dissemination pursuant to subdivision (b)
shall include on the face sheet the school at which the minor is
currently enrolled. The county superintendent shall provide the court
with a listing of all of the schools within each school district,
within the county, along with the name and mailing address of each
district superintendent.
(d) Each notice sent by the court pursuant to subdivision (b)
shall be stamped with the instruction: "Unlawful Dissemination Of
This Information Is A Misdemeanor." Any information received from the
court shall be kept in a separate confidential file at the school of
attendance and shall be transferred to the minor's subsequent
schools of attendance and maintained until the minor graduates from
high school, is released from juvenile court jurisdiction, or reaches
the age of 18 years 18 years of age ,
whichever occurs first. After that time the confidential record shall
be destroyed. At any time after the date by which a record required
to be destroyed by this section should have been destroyed, the minor
or his or her parent or guardian shall have the right to make a
written request to the principal of the school that the minor's
school records be reviewed to ensure that the record has been
destroyed. Upon completion of any requested review and no later than
30 days after the request for the review was received, the principal
or his or her designee shall respond in writing to the written
request and either shall confirm that the record has been destroyed
or, if the record has not been destroyed, shall explain why
destruction has not yet occurred.
Except as provided in paragraph (2) of subdivision (b), no
liability shall attach to any person who transmits or fails to
transmit any notice or information required under subdivision (b).
(e) For purposes of this section, a "juvenile case file" means a
petition filed in any juvenile court proceeding, reports of the
probation officer, and all other documents filed in that case or made
available to the probation officer in making his or her report, or
to the judge, referee, or other hearing officer, and thereafter
retained by the probation officer, judge, referee, or other hearing
officer.
SEC. 4. Section 10850 of the Welfare and Institutions Code is
amended to read:
10850. (a) Except as otherwise provided in this section, all
applications and records concerning any individual made or kept by
any public officer or agency in connection with the administration of
any provision of this code relating to any form of public social
services for which grants-in-aid are received by this state from the
United States government shall be confidential, and shall not be open
to examination for any purpose not directly connected with the
administration of that program, or any investigation, prosecution, or
criminal or civil proceeding conducted in connection with the
administration of any such program. The disclosure of any information
that identifies by name or address any applicant for or recipient of
these grants-in-aid to any committee or legislative body is
prohibited, except as provided in subdivision (b).
(b) Except as otherwise provided in this section, no person shall
publish or disclose or permit or cause to be published or disclosed
any list of persons receiving public social services. Any county
welfare department in this state may release lists of applicants for,
or recipients of, public social services, to any other county
welfare department or the State Department of Social Services, and
these lists or any other records shall be released when requested by
any county welfare department or the State Department of Social
Services. These lists or other records shall only be used for
purposes directly connected with the administration of public social
services. Except for those purposes, no person shall publish,
disclose, or use or permit or cause to be published, disclosed, or
used any confidential information pertaining to an applicant or
recipient.
Any county welfare department and the State Department of Social
Services shall provide any governmental entity that is authorized by
law to conduct an audit or similar activity in connection with the
administration of public social services, including any committee or
legislative body so authorized, with access to any public social
service applications and records described in subdivision (a) to the
extent of the authorization. Those committees, legislative bodies and
other entities may only request or use these records for the purpose
of investigating the administration of public social services, and
shall not disclose the identity of any applicant or recipient except
in the case of a criminal or civil proceeding conducted in connection
with the administration of public social services.
However, this section shall not prohibit the furnishing of this
information to other public agencies to the extent required for
verifying eligibility or for other purposes directly connected with
the administration of public social services, or to county
superintendents of schools or superintendents of school districts
only as necessary for the administration of federally assisted
programs providing assistance in cash or in-kind or services directly
to individuals on the basis of need. Any person knowingly and
intentionally violating this subdivision is guilty of a misdemeanor.
Further, in the context of a petition for the appointment of a
conservator for a person who is receiving or has received aid from a
public agency, as indicated above, or in the context of a criminal
prosecution for a violation of Section 368 of the Penal Code ,
both of the following shall apply:
(1) An Adult Protective Services employee or Ombudsman may answer
truthfully at any proceeding related to the petition or prosecution,
when asked if he or she is aware of information that he or she
believes is related to the legal mental capacity of that aid
recipient or the need for a conservatorship for that aid recipient.
If the Adult Protective Services employee or Ombudsman states that he
or she is aware of such that
information, the court may order the Adult Protective Services
employee or Ombudsman to testify about his or her observations and to
disclose all relevant agency records.
(2) The court may order the Adult Protective Services employee or
Ombudsman to testify about his or her observations and to disclose
any relevant agency records if the court has other independent reason
to believe that the Adult Protective Services employee or Ombudsman
has information that would facilitate the resolution of the matter.
(c) The State Department of Social Services may make rules and
regulations governing the custody, use, and preservation of all
records, papers, files, and communications pertaining to the
administration of the laws relating to public social services under
their jurisdiction. The rules and regulations shall be binding on all
departments, officials and employees of the state, or of any
political subdivision of the state and may provide for giving
information to or exchanging information with agencies, public or
political subdivisions of the state, and may provide for giving
information to or exchanging information with agencies, public or
private, that are engaged in planning, providing, or securing social
services for or in behalf of recipients or applicants; and for making
case records available for research purposes, provided that making
these case records available will not result in the disclosure of the
identity of applicants for or recipients of public social services
and will not disclose any personal information in a manner that would
link the information disclosed to the individual to whom it
pertains, unless the department has complied with subdivision (t) of
Section 1798.24 of the Civil Code.
(d) Any person, including every public officer and employee, who
knowingly secures or possesses, other than in the course of official
duty, an official list or a list compiled from official sources,
published or disclosed in violation of this section, of persons who
have applied for or who have been granted any form of public social
services for which state or federal funds are made available to the
counties is guilty of a misdemeanor.
(e) This section shall not be construed to prohibit an employee of
a county welfare department from disclosing confidential information
concerning a public social services applicant or recipient to a
state or local law enforcement agency investigating or gathering
information regarding a criminal act committed in a welfare
department office, a criminal act against any county or state welfare
worker, or any criminal act witnessed by any county or state welfare
worker while involved in the administration of public social
services at any location. Further, this section shall not be
construed to prohibit an employee of a county welfare department from
disclosing confidential information concerning a public social
services applicant or recipient to a state or local law enforcement
agency investigating or gathering information regarding a criminal
act intentionally committed by the applicant or recipient against any
off-duty county or state welfare worker in retaliation for an act
performed in the course of the welfare worker's duty when the person
committing the offense knows or reasonably should know that the
victim is a state or county welfare worker. These criminal acts shall
include only those that are in violation of state or local law.
Disclosure of confidential information pursuant to this subdivision
shall be limited to the applicant's or recipient's name, physical
description, and address.
(f) The provisions of this section shall be operative only to the
extent permitted by federal law and shall not apply to, but exclude,
Chapter 7 (commencing with Section 14000) of this division, entitled
"Basic Health Care", and for which a grant-in-aid is received by the
state under Title XIX of the Social Security Act.
(g) This section shall not be construed to limit any release to
the public of juvenile case files required to be released pursuant to
paragraph (2) of subdivision (a) of Section 827.
SEC. 5. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.