BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 2410|
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THIRD READING
Bill No: AB 2410
Author: Fuller (R), et al
Amended: 8/2/10 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 6/29/10
AYES: Leno, Cogdill, Cedillo, Hancock, Huff, Steinberg,
Wright
ASSEMBLY FLOOR : 71-0, 4/26/10 - See last page for vote
SUBJECT : Law enforcement and social service protocols:
children
found at the scene of controlled substance
crimes
SOURCE : Author
DIGEST : This bill expands a provision encouraging law
enforcement agencies to develop policies and standards for
responding to crime scenes involving narcotics to include
crime scenes involving methamphetamine, cocaine, PCP,
hallucinogens, and states that it is in the best interests
of children if law enforcement and child protective
agencies follow protocols encouraging a dependency
investigation and removal of a child from a drug crime
scene if there is an immediate threat to the health or
safety of the child.
ANALYSIS : Existing law classifies controlled substances
CONTINUED
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in five schedules according to their danger and potential
for abuse. Schedule I controlled substances have the
greatest restrictions and penalties, including prohibiting
the prescribing of a Schedule I controlled substance.
(Sections 11054 through 11058 of the Health and Safety Code
[HSC])
Existing law recognizes that exposing a child to the
manufacturing, trafficking, and use of narcotics is
criminal conduct and that a response coordinated by law
enforcement and social services agencies is essential to
the child's health and welfare and encourages law
enforcement and social services to develop, adopt, and
implement written policies and standards for their response
to narcotics crime scenes where a child is either
immediately present or where there is evidence that a child
lives. (Section 13879.80, subd. (a) of the Penal Code
[PEN])
Existing law states that the needs of children exposed to
narcotics crime scenes are best served by written policies
encouraging the arrest of an individual for child
endangerment where there is probable cause that an offence
has been committed and coordination with an appropriate
investigation of that child's welfare by child protective
services. Protocols that encourage dependency hearings,
along with law enforcement investigation, are in the best
interests of the child. (PEN Section 13978.80, subd. (b))
Existing law states that the use of the word "narcotics,"
unless otherwise specified, is defined as any drug listed
in Schedules I and II of the controlled substance
schedules. (HSC Section 11032)
Existing law provides that when removal of a minor from
his/her home is determined by the juvenile court to be
necessary, reunification of the minor with his/her family
shall be a primary goal:
Minors under the care of the juvenile court who are in
need of protective services shall receive care, treatment
and guidance consistent with their best interest and the
best interest of the public.
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Juvenile courts and other public agencies charged with
enforcing, interpreting, and administering the juvenile
court law shall consider the safety and protection of the
public and the best interests of the minor in all
deliberations pursuant to this chapter. (Section 202 of
the Welfare and Institutions Code [WIC])
Existing law sets forth these basic grounds for making a
minor a ward of the court:
1. The child has suffered serious harm non-accidentally
inflicted by a parent or guardian, or there is a
substantial risk of such harm.
2. The child will suffer serious physical harm or illness
because of the failure of a parent or guardian to
supervise or protect the child, or there is a
substantial risk of such harm.
3. There is willful or negligent failure to provide
adequate food, clothing or shelter.
4. Inability to care for the child because of a parent or
guardian's mental illness, developmental disability or
substance abuse.
5. The child is suffering serious emotional damage, or
there is a substantial risk thereof.
6. A child under the age of five has suffered serious abuse
by a parent, or anyone known to a parent, if the parent
knew or reasonably should have known of the abuse.
7. The parent of guardian caused the death of another child
by abuse or neglect.
8. The child has been left without support.
9. Physical custody of the child has been voluntarily
surrendered or the child has been freed for adoption.
10.The child has been subjected to acts of cruelty by a
parent or guardian, or by a member of the household, or
the parent or guardian knew or should have known the
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child was treated cruelly.
11.The child's sibling has been abused or neglected and
there is substantial risk the child will be abused or
neglected. (WIC Section 300)
Existing law states that the purpose of dependency law is
to provide for the maximum safety and protection of
children who are currently being abused, neglected, or
exploited, and the protection of children who are at risk
of that harm. The focus "shall be on the preservation of
the family as well as the safety, protection, and physical
and emotional well-being of the child." (WIC Section
302.2)
Existing law authorizes a peace officer to take a minor
into temporary custody without a warrant and to deliver
that minor to a probation officer where the officer
reasonably believes the minor is subject to abuse and
neglect within the meaning of WIC Section 300, which sets
standards for dependency. (WIC Section 305)
Existing law provides that when a child has been removed
from his/her parents or guardian because of abuse or
neglect and taken into temporary custody, the following
shall apply:
1. The social worker shall immediately investigate the
circumstances of the matter.
2. Ready, willing and willing relatives may seek placement
of the child pending the detention hearing.
3. The court shall examine the parents, guardian or other
individuals with relevant knowledge of the child at the
initial petition hearing.
4. The court shall order the parent to disclose to the
social worker the names and address of any maternal or
paternal relatives.
5. The social worker shall provide to the court an
evaluation, which shall include, among other things,
information about the child's siblings and the
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appropriateness of any relative placement.
6. Within 30 days of the child being taken into custody,
the social worker shall seek to investigate all adult
relatives of the child who may have specified
information about the child, including the circumstances
leading to dependency and exploration of options for
placement. (WIC Section 309)
Existing law establishes the purpose of dependency law as
the provision of the maximum safety and protection for
children who are currently being abused, neglected, or
exploited, and the protection of children who are at risk
of that harm. The focus "shall be on the preservation of
the family as well as the safety, protection, and physical
and emotional well-being of the child." (WIC Section
302.2)
This bill adds hallucinogens, methamphetamine, heroin and
cocaine to a statute that encourages law enforcement and
social service agencies to develop, adopt, and implement
written policies and standards for their response to
narcotics crime scenes where a child is either immediately
present or where there is evidence that a child lives on
the premises.
This bill states that protocols encouraging removal of a
child from a crime scene involving specified drugs is in
the best interests of the child where there is an immediate
threat to the child's health or safety.
This bill states that the protocols developed pursuant to
this bill shall comply with and be consistent with the
provisions of WIC Chapter 2, Articles 6 and 7, beginning
with Section 300.
The specific section amended by this bill was enacted in SB
496 (Alpert), Chapter 75, Statutes of 2003. The analysis
of SB 496, in 2003, included the following background
describing the history and development of programs to serve
drug endangered children:
Many counties established Drug Endangered Children (DEC)
teams with funding provided by the state under Penal Code
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13875-13879.7. DEC programs are multi-jurisdictional
and are dependent upon the relationship that exists
between law enforcement and Child Protective Service
(CPS) agencies.
Law enforcement responds to narcotics crime scenes where,
out of necessity, they make decisions about the health
and welfare of children present. In most counties, CPS
workers do not act as "first responders" to narcotics
crime scenes where children are discovered. Without DEC
programs, communication between law enforcement officers
investigating narcotics cases and social workers, where
it occurs at all, is often too late to assist in
dependency investigations. As a result, child
endangerment charges are often overlooked and a
dependency investigation never takes place.
DEC programs initiated in some California counties have
demonstrated the efficacy of forming teams of
prosecutors, social workers and narcotics detectives to
address the needs of children identified at narcotics
crime scenes. Child protective workers responding to
crime scenes have lifted the burden from law enforcement
of making dependency decisions. In addition, the
presence of social workers brings a heightened awareness
and professional expertise of the need to investigate
child endangerment allegations and usually results in
forensic testing of the children present at the scene.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 8/3/10)
California Peace Officers' Association
California Police Chiefs Association
California Probation Parole and Correctional Association
Crime Victims United of California
Peace Officers Research Association of California
OPPOSITION : (Verified 8/3/10)
American Civil Liberties Union
Children's Law Center of Los Angeles
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ARGUMENTS IN SUPPORT : According to the author:
"Existing law encourages law enforcement and social
services agencies in California to develop written
policies and standards for their response to narcotics
crime scenes where a child is present. The specification
of narcotics excludes crime scenes involving
hallucinogens, methamphetamine, cocaine, PCP, and heroin.
This narcotics specification leaves a loophole though
which a parent or guardian could potentially regain
custody of a child even if the parent or guardian has
previously been convicted of being under the influence of
a hallucinogen such as PCP.
"In the local case of Angel Vidal Mendoza Sr., Mendoza
was able to regain custody of his son even though he had
been charged with being under the influence of PCP and
pled no contest to child endangerment charges. This
measure aims to expand the protections offered to
children from dangerous environments that involve drugs,
specifically hallucinogens, methamphetamine, cocaine and
heroin. By authorizing local authorities to consider
additional drugs in developing policies and standards for
responding to narcotics crime scenes where a child is
present."
ARGUMENTS IN OPPOSITION : According to the Children's Law
Center of Los Angeles:
"The purpose of Penal Code 13879.80 is to encourages
cooperation between law enforcement and child welfare
agencies in responding to drug crime scenes at which
children are present. Pursuant to this statute, when
police find children at a home where they are conducting
a drug-related search and seizure, they call upon county
child welfare agency caseworkers to assess the safety of
the children and make arrangements for their care if
necessary.
"In these situations, as in all other cases, existing law
requires child welfare caseworkers to release children to
a parent or responsible relative, and not to detain the
child in foster unless there are no other means to ensure
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the child's safety. (Welf. & Inst. Code 309.) This is
consistent with the overall emphasis in the dependency
laws on keeping children safe with their parents or
relatives whenever possible, and only taking the extreme
and traumatic step of separating children from their
homes and families when there are no other reasonable
means of ensuring their safety. See, e.g., Welf. &
Inst. Code 309, 319, 361.2, 361.3, 366.21.
"AB 2410 is inconsistent with this overall statutory
scheme, and would carve out an arbitrary exception for
'crime scene' cases. Such an exception is unnecessary,
because existing law clearly provides for removal of
children from any situation in which their health or
safety cannot be ensured - and it is also harmful,
because it would lead to needless and traumatic
disruption of children's lives?
"Thus, AB 2410 would encourage the hasty and needless
removal of children from their homes even where there is
no remaining safety risk in the home and there is a
responsible a parent or relative who could care for the
children."
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Beall, Bill Berryhill, Tom
Berryhill, Blakeslee, Block, Blumenfield, Bradford,
Buchanan, Caballero, Charles Calderon, Carter, Chesbro,
Conway, Cook, Coto, Davis, De La Torre, De Leon, DeVore,
Emmerson, Eng, Evans, Feuer, Fletcher, Fong, Fuentes,
Fuller, Gaines, Galgiani, Garrick, Gilmore, Hagman,
Harkey, Hayashi, Hernandez, Hill, Huber, Huffman,
Jeffries, Jones, Knight, Lieu, Logue, Bonnie Lowenthal,
Ma, Mendoza, Miller, Monning, Nava, Nestande, Niello,
Nielsen, Norby, Portantino, Ruskin, Saldana, Silva,
Skinner, Smyth, Solorio, Audra Strickland, Swanson,
Torlakson, Torres, Torrico, Tran, Villines, Yamada
NO VOTE RECORDED: Arambula, Bass, Brownley, Furutani,
Hall, V. Manuel Perez, Salas, John A. Perez, Vacancy
RJG:mw 7/8/10 Senate Floor Analyses
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SUPPORT/OPPOSITION: SEE ABOVE
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