BILL NUMBER: AB 2229	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Brownley

                        FEBRUARY 18, 2010

   An act to amend Section 11165.13 of the Penal Code, and to amend
Section 830 of the Welfare and Institutions Code, relating to child
abuse reporting.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2229, as introduced, Brownley. Mandated child abuse reporting.
   The Child Abuse and Neglect Reporting Act requires certain persons
specified as "mandated reporters" to report suspected child abuse or
child neglect, as specified. The act provides that a positive
toxicology screen at the time of the delivery of an infant is not in
and of itself a sufficient basis for reporting child abuse or
neglect, but requires any indication of maternal substance abuse to
lead to an assessment of the needs of the mother and child pursuant
to a specified provision of law, and, if other factors are present
that indicate risk to a child, a report is required to be made, as
specified.
   This bill would require a health practitioner or medical social
worker who is making a mandated report pursuant to these provisions
relating to maternal substance abuse to disclose all known health
needs of the child, including, but not limited to, a potential
exposure to human immunodeficiency virus (HIV) infection.
   Existing law authorizes members of a multidisciplinary personnel
team engaged in the prevention, identification, and treatment of
child abuse to disclose and exchange information and writings to and
with one another relating to any incidents of child abuse that may
also be a part of a juvenile court record or otherwise designated as
confidential under state law if the member of the team having that
information or writing reasonably believes it is generally relevant
to the prevention, identification, or treatment of child abuse. A
multidisciplinary personnel team is defined for purposes of this
provision to mean any team of 3 or more persons who are trained in
the prevention, identification, and treatment of child abuse, as
specified.
   This bill would additionally authorize the disclosure and exchange
of information to occur telephonically and electronically if there
is adequate verification of the identity of the multidisciplinary
personnel who are involved in that disclosure or exchange of
information. The bill would revise the definition of a
multidisciplinary personnel team for purposes of this provision to
mean any team of 2 or more persons who are trained in the prevention,
identification, and treatment of child abuse, as specified.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 11165.13 of the Penal Code is amended to read:
   11165.13.   (a)    For purposes of this article,
a positive toxicology screen at the time of the delivery of an
infant is not in and of itself a sufficient basis for reporting child
abuse or neglect. However, any indication of maternal substance
abuse shall lead to an assessment of the needs of the mother and
child pursuant to Section 123605 of the Health and Safety Code. If
other factors are present that indicate risk to a child, then a
report shall be made. However, a report based on risk to a child
which relates solely to the inability of the parent to provide the
child with regular care due to the parent's substance abuse shall be
made only to a county welfare or probation department, and not to a
law enforcement agency. 
   (b) A health practitioner or medical social worker who is making a
mandated report pursuant to this section shall disclose all known
health needs of the child, including, but not limited to, a potential
exposure to human immunodeficiency virus (HIV) infection. 
  SEC. 2.  Section 830 of the Welfare and Institutions Code is
amended to read:
   830.   (a)    Notwithstanding any other
provision of law, members of a multidisciplinary personnel team
engaged in the prevention, identification, and treatment of child
abuse may disclose and exchange information and writings to and with
one another relating to any incidents of child abuse that may also be
a part of a juvenile court record or otherwise designated as
confidential under state law if the member of the team having that
information or writing reasonably believes it is generally relevant
to the prevention, identification, or treatment of child abuse. All
discussions relative to the disclosure or exchange of any such
information or writings during team meetings are confidential and,
notwithstanding any other provision of law, testimony concerning any
such discussion is not admissible in any criminal, civil, or juvenile
court proceeding. 
   As  
   (b) Disclosure and exchange of information pursuant to this
section may occur telephonically and electronically if there is
adequate verification of the identity of the multidisciplinary
personnel who are involved in that disclosure or exchange of
information. 
    (c)     As   used in this
section,  "child   the following definitions
  shall   apply: 
    (1)     "Child  abuse" has the same
meaning as defined in Section 18951. 
   As used in this section, "multidisciplinary 
    (2)     "Multidisciplinary  personnel
team" means any team of  three   two  or
more persons, as specified in Section 18951, the members of which are
trained in the prevention, identification, and treatment of child
abuse and are qualified to provide a broad range of services related
to child abuse.