BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 2339|
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THIRD READING
Bill No: AB 2339
Author: Smyth (R)
Amended: As introduced
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 6/15/10
AYES: Leno, Cogdill, Cedillo, Hancock, Huff, Steinberg,
Wright
ASSEMBLY FLOOR : 74-0, 4/22/10 - See last page for vote
SUBJECT : Child abuse reporting: mandatory reporting
SOURCE : California Association of Marriage and Family
Therapists
DIGEST : This bill makes an essentially technical
clarification to the mandatory child abuse reporting laws
to expressly authorize the sharing of information from an
agency investigating a report of alleged emotional abuse to
an investigator, as specified.
ANALYSIS : Existing law establishes the Child Abuse and
Neglect Reporting Act ("CANRA"), which generally is
intended to protect children from abuse and neglect.
(Penal Code 11164.)
Under existing law the term "child abuse or neglect" for
the purposes of CANRA "includes physical injury or death
inflicted by other than accidental means upon a child by
CONTINUED
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another person, sexual abuse ?, neglect ?, the willful
harming or injuring of a child or the endangering of the
person or health of a child, ? and unlawful corporal
punishment or injury ?. 'Child abuse or neglect' does not
include a mutual affray between minors. 'Child abuse or
neglect' does not include an injury caused by reasonable
and necessary force used by a peace officer acting within
the course and scope of his or her employment as a peace
officer." (Penal Code 11165.6.)
Existing law provides that, "(a)ny mandated reporter who
has knowledge of or who reasonably suspects that a child is
suffering serious emotional damage or is at a substantial
risk of suffering serious emotional damage, evidenced by
states of being or behavior, including, but not limited to,
severe anxiety, depression, withdrawal, or untoward
aggressive behavior toward self or others, may make a
report to an agency," as specified. (Penal Code
11166.05.)
Existing law generally provides for the content of reports
made pursuant to these provisions, and expressly provides
that "(i)nformation relevant to the incident of child abuse
or neglect may be given to an investigator from an agency
that is investigating the known or suspected case of child
abuse or neglect." (Penal Code 11167(b).)
This bill extends this provision to information relevant to
a report of serious emotional damage made pursuant to
Section 11166.05.
Existing law also provides that "(i)nformation relevant to
the incident of child abuse or neglect, including the
investigation report and other pertinent materials may be
given to the licensing agency when it is investigating a
known or suspected case of child abuse or neglect."
This bill extends this provision to information relevant to
a report of serious emotional damage made pursuant to
Section 11166.05.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
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SUPPORT : (Verified 6/16/10)
California Association of Marriage and Family Therapists
(source)
Peace Officers Research Association of California
Crime Victims Action Alliance
ARGUMENTS IN SUPPORT : According to the author's office:
In California, mandated reporters are required to make
reports of suspected child abuse or neglect. These
mandated reporters, such as school teachers, health
care professionals and social workers, are therefore
immune from liability as a result of providing the
information to the investigating agency.
Another Penal Code section, 11166.05, authorizes, but
does not require, a mandated reporter to report
instances where a child is suspected of suffering
serious emotional damage.
Due to the difference in language, a mandated reporter
who cooperates with an investigator may be subject to
discipline because the reports of emotional damage
made pursuant to Section 11166.05 are not categorized
or referred to as child abuse reports.
In short, reporters of emotional damage are authorized
to make reports, but not legally protected to share
the reports with investigatory agencies.
AB 2339 will protect reporters of emotional abuse from
threats of liability or discipline. The bill simply
changes Penal Code 11167(b) to include "information
relevant to a report made pursuant to Section
11166.05" and thus allows mandated reporters to
discuss cases with investigators without fear of
violating the law.
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Bass, Beall,
Bill Berryhill, Tom Berryhill, Blakeslee, Block,
Bradford, Brownley, Buchanan, Charles Calderon, Carter,
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Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,
DeVore, Emmerson, Eng, Evans, Feuer, Fletcher, Fong,
Fuentes, Fuller, Furutani, Gaines, Galgiani, Garrick,
Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill,
Jeffries, Jones, Knight, Lieu, Logue, Bonnie Lowenthal,
Ma, Mendoza, Miller, Monning, Nava, Nestande, Niello,
Nielsen, V. Manuel Perez, Portantino, Ruskin, Salas,
Saldana, Silva, Skinner, Smyth, Solorio, Audra
Strickland, Swanson, Torlakson, Torres, Torrico, Tran,
Villines, Yamada, John A. Perez
NO VOTE RECORDED: Blumenfield, Caballero, Huber, Huffman,
Norby
RJG:nl 6/16/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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