BILL ANALYSIS
AB 2229
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ASSEMBLY THIRD READING
AB 2229 (Brownley)
As Amended April 29, 2010
Majority vote
PUBLIC SAFETY 7-0 HUMAN SERVICES 6-0
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|Ayes:|Ammiano, Hagman, Beall, |Ayes:|Beall, Tom Berryhill, |
| |Gilmore, Hill, | |Ammiano, Hall, Logue, |
| |Portantino, Skinner | |Portantino |
| | | | |
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APPROPRIATIONS 16-0
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|Ayes:|Fuentes, Conway, Hill, | | |
| |Bradford, Charles | | |
| |Calderon, Coto, Davis, | | |
| |Hall, Harkey, Miller, | | |
| |Nielsen, Norby, Skinner, | | |
| |Solorio, Torlakson, | | |
| |Torrico | | |
| | | | |
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SUMMARY : Revises and recasts provisions of law relating to
multidisciplinary personnel teams (MDPT) engaged in the
investigation of suspected child abuse or neglect. Specifically,
this bill :
1)Clarifies that MDPT's are created in order to investigate
reports of suspected child abuse or neglect made pursuant to the
Child Abuse and Neglect Reporting Act (CANRA), or for the
purpose of making a child welfare services referral or detention
determination.
2)Reduces the size of a multidisciplinary personnel team from
three or more persons to two or more persons.
3)Authorizes members of an MDPT, during the 48-hour period
following a report of suspected child abuse or neglect, to
disclose and exchange information telephonically and
electronically if there is adequate verification of the identity
of the multidisciplinary team members involved in the disclosure
or exchange of information.
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4)Prohibits the disclosure and exchange of information to anyone
other than members of the MDPT, except as specified.
5)Provides that the sharing of information shall be governed by a
memorandum of understanding (MOU) among the participating
service providers or provider agencies. The MOU shall specify
the type of information that may be shared, and the process used
to ensure confidentiality.
6)States that every member of the MDPT that receives other wise
confidential information shall be under the same privacy and
confidentiality obligations as the person disclosing the
information, and information and records communicated shall be
protected from discovery by all applicable statutory and common
law protections.
7)States that these provisions shall only remain in effect until
January 1, 2014.
EXISTING LAW :
1)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 part of a juvenile court record or otherwise designated
as confidential under state law if the member of the team having
that information reasonably believes it is generally relevant to
the prevention, identification or treatment of child abuse.
2)Defines "multidisciplinary personnel" as any team of three or
more persons who are trained in the prevention, identification,
and 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 not be limited to:
a) Psychiatrists, psychologists or other trained counseling
personnel;
b) Police officers or other law enforcement agents;
c) Medical personnel with sufficient training to provide
health services;
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d) Social workers with training or experience in child abuse
prevention; and,
e) Any public or private school teacher, administrative
officer, supervisor of child welfare and attendance, or
certificated pupil personnel employee.
3)Provides that any county may establish a computerized data base
system within that county to allow provider agencies, as
defined, to share specified identifying information regarding
families at risk for child abuse and neglect, for the purposes
of forming multidisciplinary personnel teams.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, minor nonreimbursable local costs to the extent
counties opt to form these teams.
COMMENTS : According to the author, "Due to budget cuts, and the
lack of staff children who are victims of abuse and taken into
protective custody cannot receive timely treatment for medical
problems unless information is shared among verified members of
the team investigating the abuse.
"Existing law requires at least three team members convene before
confidential information may be shared. Nurses, social workers and
law officers complain that valuable time is lost while responding
to an emergency child abuse problem while trying to locate a third
team member.
"AB 2229 would help by allowing multidisciplinary investigative
teams to be two or more people be allowed to be considered a
multidisciplinary team, which is currently practiced when
investigating elder abuse; which was originally a three person
team as well.
"By doing so we are insuring that no time in responding to an
emergency child abuse problem is lost, and the safety of the child
in danger is put first."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Gregory Pagan / PUB. S. / (916) 319-3744
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FN: 0004537