BILL NUMBER: AB 2229 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 29, 2010
AMENDED IN ASSEMBLY APRIL 15, 2010
AMENDED IN ASSEMBLY APRIL 7, 2010
INTRODUCED BY Assembly Member Brownley
FEBRUARY 18, 2010
An act to amend Sections 830 and Section
18961.5 of , and to add and repeal Section 18961.7 of,
the Welfare and Institutions Code, relating to child abuse
reporting.
LEGISLATIVE COUNSEL'S DIGEST
AB 2229, as amended, Brownley. Mandated child abuse reporting.
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.
Under existing law, all discussions relative to the disclosure or
exchange of this information during team meetings are confidential
and testimony concerning those discussions is not admissible in any
criminal, civil, or juvenile court proceeding. 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 , until January 1, 2014, additionally
authorize the disclosure and exchange of information to occur
telephonically and electronically , for up to 48 h
ours following a report of suspected child abuse or neglect, 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 created to investigate a report of
suspected child abuse, as specified, who are trained in the
prevention, identification, and treatment of child abuse, as
specified. The bill would require that the sharing of
information permitted in the 48-hour period following a report of
suspected child abuse or neglect be governed by memoranda of
understanding among participating provider agencies, as defined, that
prescribes the types of information that may be shared and the
process to ensure that specified confidentiality requirements are
met.
Existing law provides that a county may establish a computerized
data base system within that county to allow provider agencies to
share identifying information regarding families at risk for child
abuse or neglect, for the purpose of forming multidisciplinary
personnel teams for the prevention, identification, management, 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 revise the definition of multidisciplinary
personnel teams for purposes of this provision to additionally
include any team of 2 or more persons who are trained in the
prevention, identification, management, or treatment of child abuse,
as specified.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. 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.
(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, the following definitions shall
apply:
(1) "Childabuse" has the same meaning as defined in Section 18951.
(2) "Multidisciplinary personnel team" means any team of two or
more persons created to investigate a report of suspected child abuse
made pursuant to Section 11166 or 11166.05 of the Penal Code, 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. The team may include, but shall
not be limited to, all of the following:
(A) Psychiatrists, psychologists, marriage and family therapists,
or other trained counseling personnel.
(B) Police officers or other law enforcement agents.
(C) Medical personnel with sufficient training to provide health
services.
(D) Social service workers with experience or training in child
abuse prevention.
(E) Any public or private school teacher, administrative officer,
supervisor of child welfare attendance, or certified pupil personnel
employee.
SEC. 2. SECTION 1. Section 18961.5 of
the Welfare and Institutions Code is amended to read:
18961.5. (a) Notwithstanding any other provision of law, any
county may establish a computerized data base system within that
county to allow provider agencies, as defined in subdivision (h), to
share identifying information, as specified in subdivision (c),
regarding families at risk for child abuse or neglect, for the
purpose of forming multidisciplinary personnel teams, as defined in
either paragraph (2) of subdivision (c) of Section 830 or
subdivision (d) of Section 18951 or paragraph (2) of
subdivision (b) of Section 18961.7 , for the prevention,
identification, management, or treatment of child abuse.
(b) Each county shall develop its own standards for defining "at
risk" before joining this system. Only information about children or
the families of children at risk for child abuse or neglect may be
entered into a computerized data base system established pursuant to
this section.
(c) With regard to a case in which a child or family has been
identified as at risk for child abuse or neglect under this section,
only the following information shall be entered into the system:
(1) The name, address, telephone number, and date and place of
birth of family members.
(2) The number assigned to the case by each provider agency.
(3) The name and telephone number of each employee assigned to the
case from each provider agency.
(4) The date or dates of contact between each provider agency and
a family member or family members.
(d) The information may only be entered into the system by, or
disclosed to, provider agency employees designated by the director of
each participating provider agency. Members of the multidisciplinary
personnel teams shall be drawn from these designated employees, or
other persons, as specified in Section 18961. The heads of provider
agencies shall establish a system by which unauthorized personnel
cannot access the data contained in the system.
(e) The information obtained pursuant to this section shall be
kept confidential and shall be used solely for the prevention,
identification, management, or treatment of child abuse, child
neglect, or both.
(f) This section shall not supplant any duties required by the
Child Abuse and Neglect Reporting Act (Article 2.5 (commencing with
Section 11164) of Chapter 2 of Title 1 of Part 3 of the Penal Code).
(g) No employee of a provider agency which serves children and
their families shall be civilly or criminally liable for furnishing
or sharing information as authorized by this section.
(h) For the purposes of this section, "provider agency" means any
governmental or other agency which has as one of its purposes the
prevention, identification, management, or treatment of child abuse
or neglect. The provider agencies serving children and their families
which may share information under this section shall include, but
not be limited to, the following entities or service agencies:
(1) Social services.
(2) Children's services.
(3) Health services.
(4) Mental health services.
(5) Probation.
(6) Law enforcement.
(7) Schools.
SEC. 2. Section 18961.7 is added to the
Welfare and Institutions Code , to read:
18961.7. (a) Notwithstanding any other provision of law, a county
may establish a child abuse investigation and prevention
multidisciplinary personnel team within that county to allow provider
agencies to share confidential information in order to investigate
reports of suspected child abuse or neglect made pursuant to Section
11166 or 11166.05 of the Penal Code, or for the purposes of making a
child welfare services referral or detention determination.
(b) For the purposes of this section, the following terms shall
have the following meanings:
(1) "Child abuse investigation and prevention multidisciplinary
personnel team" means any team of two or more persons who are trained
in the prevention, identification, or treatment of child abuse and
neglect cases and who are qualified to provide a broad range of
services related to child abuse. The team may include, but shall not
be limited to:
(A) Psychiatrists, psychologists, marriage and family therapists,
or other trained counseling personnel.
(B) Police officers or other law enforcement agents.
(C) Medical personnel with sufficient training to provide health
services.
(D) Social service workers with experience or training in child
abuse prevention.
(E) Any public or private school teacher, administrative officer,
supervisor of child welfare attendance, or certified pupil personnel
employee.
(2) "Provider agency" means any governmental or other agency that
has as one of its purposes the prevention, identification,
management, or treatment of child abuse or neglect. The provider
agencies serving children and their families that may share
information under this section shall include, but not be limited to,
the following entities or service agencies:
(A) Social services.
(B) Children's services.
(C) Health services.
(D) Mental health services.
(E) Probation.
(F) Law enforcement.
(G) Schools.
(c) (1) Notwithstanding Section 827 of the Welfare and
Institutions Code or any other provision of law, during the 48-hour
period following a report of suspected child abuse or neglect,
members of a child abuse investigation and prevention
multidisciplinary personnel team engaged in the prevention,
identification, and treatment of child abuse may disclose to and
exchange with one another information and writings that relate to any
incident of child abuse that may also be 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. Any
discussion relative to the disclosure or exchange of the information
or writings during a team meeting is confidential and,
notwithstanding any other provision of law, testimony concerning that
discussion is not admissible in any criminal, civil, or juvenile
court proceeding.
(2) Disclosure and exchange of information pursuant to this
section may occur telephonically and electronically if there is
adequate verification of the identity of the child abuse
investigation and prevention multidisciplinary personnel who are
involved in that disclosure or exchange of information.
(3) Disclosure and exchange of information pursuant to this
section shall not be made to anyone other than members of the child
abuse investigation and prevention multidisciplinary personnel team,
and those qualified to receive information as set forth in
subdivision (d).
(d) The child abuse investigation and prevention multidisciplinary
personnel team may designate persons qualified pursuant to paragraph
(1) of subdivision (b) to be a member of the team for a particular
case. A person designated as a team member pursuant to this
subdivision may receive and disclose relevant information and
records, subject to the confidentiality provisions of subdivision
(f).
(e) The sharing of information permitted under subdivision (c)
shall be governed by memoranda of understanding among the
participating service providers or provider agencies. These memoranda
shall specify the types of information that may be shared, and the
process to be used to ensure that current confidentiality
requirements, as described in subdivision (f), are met.
(f) Every member of the child abuse investigation and prevention
multidisciplinary personnel team who receives information or records
regarding children and families in his or her capacity as a member of
the team shall be under the same privacy and confidentiality
obligations and subject to the same confidentiality penalties as the
person disclosing or providing the information or records. The
information or records obtained shall be maintained in a manner that
ensures the maximum protection of privacy and confidentiality rights.
(g) This section shall not be construed to restrict guarantees of
confidentiality provided under federal law.
(h) Information and records communicated or provided to the team
members by all providers and agencies, as well as information and
records created in the course of a child abuse or neglect
investigation, shall be deemed private and confidential and shall be
protected from discovery and disclosure by all applicable statutory
and common law protections. Existing civil and criminal penalties
shall apply to the inappropriate disclosure of information held by
the team members.
(i) This section shall remain in effect only until January 1,
2014, and as of that date is repealed.