BILL NUMBER: SB 1022 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 22, 2007
AMENDED IN SENATE MARCH 27, 2007
INTRODUCED BY Senator Steinberg
FEBRUARY 23, 2007
An act to amend Sections 11169 and 11170 of the Penal Code,
relating to child abuse.
LEGISLATIVE COUNSEL'S DIGEST
SB 1022, as amended, Steinberg. Child abuse: central index.
Existing law requires the Department of Justice to maintain the
Child Abuse Central Index as a repository for reports regarding
suspected child abuse or severe neglect.
This bill would require the department to remove all
information relating to a person who's name was
is listed in the Child Abuse Central Index as a
perpetrator of child abuse suspect in a child
abuse or neglect investigation due to an incident that
occurred when the person was younger than 18 years old
under 18 years of age if the incident did not
result in a delinquency adjudication or criminal conviction, and
he or she makes a notarized written request to the department to
have his or her name removed as a suspect with respect to that
incident, as specified.
Existing law also requires specified persons to forward reports of
suspected child abuse to the Department of Justice and requires the
department to notify the person specified as the suspected abuser
that he or she has been reported to the Child Abuse Central Index.
This bill would, in addition, require the department to notify the
current caregiver, the parents or legal guardian, the attorney, and
the guardian ad litem of a minor if the minor is the suspected
abuser.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11169 of the Penal Code is amended to read:
11169. (a) An agency specified in Section 11165.9 shall forward
to the Department of Justice a report in writing of every case it
investigates of known or suspected child abuse or severe neglect
which is determined not to be unfounded, other than cases coming
within subdivision (b) of Section 11165.2. An agency shall not
forward a report to the Department of Justice unless it has conducted
an active investigation and determined that the report is not
unfounded, as defined in Section 11165.12. If a report has previously
been filed which subsequently proves to be unfounded, the Department
of Justice shall be notified in writing of that fact and shall not
retain the report. The reports required by this section shall be in a
form approved by the Department of Justice and may be sent by fax or
electronic transmission. An agency specified in Section 11165.9
receiving a written report from another agency specified in Section
11165.9 shall not send that report to the Department of Justice.
(b) At the time an agency specified in Section 11165.9 forwards a
report in writing to the Department of Justice pursuant to
subdivision (a), the agency shall also notify in writing the known or
suspected child abuser that he or she has been reported to the Child
Abuse Central Index. If the known or suspected child abuser is a
minor, the agency shall notify the minor's current caregiver, the
minor's parents or legal guardian, the minor's attorney, and the
minor's guardian ad litem, if any. The notice required by this
section shall be in a form approved by the Department of Justice. The
requirements of this subdivision shall apply with respect to reports
forwarded to the department on or after the date on which this
subdivision becomes operative.
(c) Agencies shall retain child abuse or neglect investigative
reports that result in a report filed with the Department of Justice
pursuant to subdivision (a) for the same period of time that the
information is required to be maintained on the Child Abuse Central
Index pursuant to this section and subdivision (a) of Section 11170.
Nothing in this section precludes an agency from retaining the
reports for a longer period of time if required by law.
(d) The immunity provisions of Section 11172 shall not apply to
the submission of a report by an agency pursuant to this section.
However, nothing in this section shall be construed to alter or
diminish any other immunity provisions of state or federal law.
SEC. 2. Section 11170 of the Penal Code is amended to read:
11170. (a) (1) The Department of Justice shall maintain an index
of all reports of child abuse and severe neglect submitted pursuant
to Section 11169. The index shall be continually updated by the
department and shall not contain any reports that are determined to
be unfounded. The department may adopt rules governing recordkeeping
and reporting pursuant to this article.
(2) The department shall act only as a repository of reports of
suspected child abuse and severe neglect to be maintained in the
Child Abuse Central Index pursuant to paragraph (1). The submitting
agencies are responsible for the accuracy, completeness, and
retention of the reports described in this section. The department
shall be responsible for ensuring that the Child Abuse Central Index
accurately reflects the report it receives from the submitting
agency.
(3) Information from an inconclusive or unsubstantiated report
filed pursuant to subdivision (a) of Section 11169 shall be deleted
from the Child Abuse Central Index after 10 years if no subsequent
report concerning the same suspected child abuser is received within
that time period. If a subsequent report is received within that
10-year period, information from any prior report, as well as any
subsequently filed report, shall be maintained on the Child Abuse
Central Index for a period of 10 years from the time the most recent
report is received by the department.
(b) (1) The Department of Justice shall immediately notify an
agency that submits a report pursuant to Section 11169, or a
prosecutor who requests notification, of any information maintained
pursuant to subdivision (a) that is relevant to the known or
suspected instance of child abuse or severe neglect reported by the
agency. The agency shall make that information available to the
reporting medical practitioner, child custodian, guardian ad litem
appointed under Section 326, or counsel appointed under Section 317
or 318 of the Welfare and Institutions Code, or the appropriate
licensing agency, if he or she is treating or investigating a case of
known or suspected child abuse or severe neglect.
(2) When a report is made pursuant to subdivision (a) of Section
11166, or Section 11166.05, the investigating agency, upon completion
of the investigation or after there has been a final disposition in
the matter, 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.
(3) The Department of Justice shall make available to a law
enforcement agency, county welfare department, or county probation
department that is conducting a child abuse investigation relevant
information contained in the index.
(4) The department shall make available to the State Department of
Social Services or to any county licensing agency that has
contracted with the state for the performance of licensing duties
information regarding a known or suspected child abuser maintained
pursuant to this section and subdivision (a) of Section 11169
concerning any person who is an applicant for licensure or any adult
who resides or is employed in the home of an applicant for licensure
or who is an applicant for employment in a position having
supervisorial or disciplinary power over a child or children, or who
will provide 24-hour care for a child or children in a residential
home or facility, pursuant to Section 1522.1 or 1596.877 of the
Health and Safety Code, or Section 8714, 8802, 8912, or 9000 of the
Family Code.
(5) For purposes of child death review, the Department of Justice
shall make available to the chairperson, or the chairperson's
designee, for each county child death review team, or the State Child
Death Review Council, information maintained in the Child Abuse
Central Index pursuant to subdivision (a) of Section 11170 relating
to the death of one or more children and any prior child abuse or
neglect investigation reports maintained involving the same victims,
siblings, or suspects. Local child death review teams may share any
relevant information regarding case reviews involving child death
with other child death review teams.
(6) The department shall make available to investigative agencies
or probation officers, or court investigators acting pursuant to
Section 1513 of the Probate Code, responsible for placing children or
assessing the possible placement of children pursuant to Article 6
(commencing with Section 300), Article 7 (commencing with Section
305), Article 10 (commencing with Section 360), or Article 14
(commencing with Section 601) of Chapter 2 of Part 1 of Division 2 of
the Welfare and Institutions Code, Article 2 (commencing with
Section 1510) or Article 3 (commencing with Section 1540) of Chapter
1 of Part 2 of Division 4 of the Probate Code, information regarding
a known or suspected child abuser contained in the index concerning
any adult residing in the home where the child may be placed, when
this information is requested for purposes of ensuring that the
placement is in the best interests of the child. Upon receipt of
relevant information concerning child abuse or neglect investigation
reports contained in the index from the Department of Justice
pursuant to this subdivision, the agency or court investigator shall
notify, in writing, the person listed in the Child Abuse Central
Index that he or she is in the index. The notification shall include
the name of the reporting agency and the date of the report.
(7) The Department of Justice shall make available to a government
agency conducting a background investigation pursuant to Section
1031 of the Government Code of an applicant seeking employment as a
peace officer, as defined in Section 830, information regarding a
known or suspected child abuser maintained pursuant to this section
concerning the applicant.
(8) (A) Persons or agencies, as specified in subdivision (b), if
investigating a case of known or suspected child abuse or neglect, or
the State Department of Social Services or any county licensing
agency pursuant to paragraph (4), or an investigative agency,
probation officer, or court investigator responsible for placing
children or assessing the possible placement of children pursuant to
paragraph (6), or a government agency conducting a background
investigation of an applicant seeking employment as a peace officer
pursuant to paragraph (7), to whom disclosure of any information
maintained pursuant to subdivision (a) is authorized, are responsible
for obtaining the original investigative report from the reporting
agency, and for drawing independent conclusions regarding the quality
of the evidence disclosed, and its sufficiency for making decisions
regarding investigation, prosecution, licensing, placement of a
child, or employment as a peace officer.
(B) If Child Abuse Central Index information is requested by an
agency for the temporary placement of a child in an emergency
situation pursuant to Article 7 (commencing with Section 305) of
Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions
Code, the department is exempt from the requirements of Section
1798.18 of the Civil Code if compliance would cause a delay in
providing an expedited response to the agency's inquiry and if
further delay in placement may be detrimental to the child.
(9) (A) Whenever information contained in the Department of
Justice files is furnished as the result of an application for
employment or licensing pursuant to paragraph (4) or (7), the
Department of Justice may charge the person or entity making the
request a fee. The fee shall not exceed the reasonable costs to the
department of providing the information. The only increase shall be
at a rate not to exceed the legislatively approved cost-of-living
adjustment for the department. In no case shall the fee exceed
fifteen dollars ($15).
(B) All moneys received by the department pursuant to this section
to process trustline applications for purposes of Chapter 3.35
(commencing with Section 1596.60) of Division 2 of the Health and
Safety Code shall be deposited in a special account in the General
Fund that is hereby established and named the Department of Justice
Child Abuse Fund. Moneys in the fund shall be available, upon
appropriation by the Legislature, for expenditure by the department
to offset the costs incurred to process trustline automated child
abuse or neglect system checks pursuant to this section.
(C) All moneys, other than that described in subparagraph (B),
received by the department pursuant to this paragraph shall be
deposited in a special account in the General Fund which is hereby
created and named the Department of Justice Sexual Habitual Offender
Fund. The funds shall be available, upon appropriation by the
Legislature, for expenditure by the department to offset the costs
incurred pursuant to Chapter 9.5 (commencing with Section 13885) and
Chapter 10 (commencing with Section 13890) of Title 6 of Part 4, and
the DNA and Forensic Identification Data Base and Data Bank Act of
1998 (Chapter 6 (commencing with Section 295) of Title 9 of Part 1),
and for maintenance and improvements to the statewide Sexual Habitual
Offender Program and the DNA offender identification file (CAL-DNA)
authorized by Chapter 9.5 (commencing with Section 13885) of Title 6
of Part 4 and the DNA and Forensic Identification Data Base and Data
Bank Act of 1998 (Chapter 6 (commencing with Section 295) of Title 9
of Part 1).
(c) The Department of Justice shall make available to any agency
responsible for placing children pursuant to Article 7 (commencing
with Section 305) of Chapter 2 of Part 1 of Division 2 of the Welfare
and Institutions Code, upon request, relevant information concerning
child abuse or neglect reports contained in the index, when making a
placement with a responsible relative pursuant to Sections 281.5,
305, and 361.3 of the Welfare and Institutions Code. Upon receipt of
relevant information concerning child abuse or neglect reports
contained in the index from the Department of Justice pursuant to
this subdivision, the agency shall also notify in writing the person
listed in the Child Abuse Central Index that he or she is in the
index. The notification shall include the location of the original
investigative report and the submitting agency. The notification
shall be submitted to the person listed at the same time that all
other parties are notified of the information, and no later than the
actual judicial proceeding that determines placement.
If Child Abuse Central Index information is requested by an agency
for the placement of a child with a responsible relative in an
emergency situation pursuant to Article 7 (commencing with Section
305) of Chapter 2 of Part 1 of Division 2 of the Welfare and
Institutions Code, the department is exempt from the requirements of
Section 1798.18 of the Civil Code if compliance would cause a delay
in providing an expedited response to the child protective agency's
inquiry and if further delay in placement may be detrimental to the
child.
(d) The department shall make available any information maintained
pursuant to subdivision (a) to out-of-state law enforcement agencies
conducting investigations of known or suspected child abuse or
neglect only when an agency makes the request for information in
writing and on official letterhead, identifying the suspected abuser
or victim by name. The request shall be signed by the department
supervisor of the requesting law enforcement agency. The written
requests shall cite the out-of-state statute or interstate compact
provision that requires that the information contained within these
reports shall be disclosed only to law enforcement, prosecutorial
entities, or multidisciplinary investigative teams, and shall cite
the criminal penalties for unlawful disclosure of any confidential
information provided by the requesting state or the applicable
interstate compact provision. In the absence of a specified
out-of-state statute or interstate compact provision that requires
that the information contained within these reports shall be
disclosed only to law enforcement, prosecutorial entities, or
multidisciplinary investigative teams, and criminal penalties
equivalent to the penalties in California for unlawful disclosure,
access shall be denied.
(e) (1) Any person may determine if he or she is listed in the
Child Abuse Central Index by making a request in writing to the
Department of Justice. The request shall be notarized and include the
person's name, address, date of birth, and either a social security
number or a California identification number. Upon receipt of a
notarized request, the Department of Justice shall make available to
the requesting person information identifying the date of the report
and the submitting agency. The requesting person is responsible for
obtaining the investigative report from the submitting agency
pursuant to paragraph (11) of subdivision (b) of Section 11167.5.
(2) No person or agency shall require or request another person to
furnish a copy of a record concerning himself or herself, or
notification that a record concerning himself or herself exists or
does not exist, pursuant to paragraph (1) of this subdivision.
(f) If a person is listed in the Child Abuse Central Index only as
a victim of child abuse or neglect, and that person is 18 years of
age or older, that person may have his or her name removed from the
index by making a written request to the Department of Justice. The
request shall be notarized and include the person's name, address,
social security number, and date of birth.
(g) (1) If a person is listed in the Child
Abuse Central Index as a perpetrator of child abuse
suspect in a child abuse or neglect investigation
due to an incident that occurred when the person was
less than 18 years of age under the age of 18 years
, and the incident did not result in a delinquency adjudication
or criminal conviction, the person's name and all other
information concerning the reported incident shall be removed from
the index no later than 30 days after the person's 18th birthday.
that person may make a written request to the
Department of Justice to have his or her name removed from the index
as a suspect with respect to that incident. The request shall be
notarized and include the person's name, address, social security
number, and date of birth. Upon receipt of the request, the
department shall inquire of the submitting agency whether the
incident resulted in a delinquency adjudication or criminal
conviction. Unless the submitting agency responds to the department
in the affirmative within 30 days, the department shall remove the
person's name from the index as the person suspected in that
incident.
(2) If a person is listed in the index as a suspect with
respect to more than one reported incident, the process set forth in
paragraph (1) shall be followed with respect to each incident for
which the person wishes to have his or her name removed from the
index.