BILL NUMBER: SB 452	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Dutton

                        FEBRUARY 26, 2009

   An act to add Section 102222 to the Health and Safety Code,
relating to child protection.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 452, as introduced, Dutton. At-risk children: registration of
birth: notification to child protective services.
   Existing law prescribes the duties of the State Registrar of Vital
Statistics and local registrars of births and deaths with respect to
the registration of a live birth.
   Existing law requires the State Department of Social Services to
implement a Statewide Child Welfare Services Case Management System
(CWSCMS) in order to protect children and effectively administer and
evaluate California's Child Welfare Services and Foster Care
programs.
   This bill would require the State Registrar, upon receipt of the
weekly transmission of original certificates from a local registrar,
to enter the name of each parent listed on a certificate of live
birth into the CWSCMS, and to forward to the appropriate child
protective services department the name of parents who have a history
of child abuse, neglect, or maltreatment, as specified. The bill
would require a county child protective services department to
conduct an immediate investigation upon receipt of a name forwarded
by the State Registrar pursuant to the bill. By increasing the duties
of county child protective services departments, this bill would
impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 102222 is added to the Health and Safety Code,
to read:
   102222.  (a) Upon receipt of the weekly transmission of original
certificates from a local registrar of births and deaths pursuant to
Section 102345, the State Registrar shall enter the name of each
parent listed on a certificate of live birth into the Child Welfare
Services Case Management System (CWSCMS). If an entry satisfies the
requirements of subdivision (b), the State Registrar shall
immediately transmit the parent's name to the child protective
services department in the county in which the birth was registered.
   (b) A parent's name shall be forwarded to child protective
services when entry of his or her name into the CWSCMS pursuant to
subdivision (a) shows a history of either of the following:
   (1) The parent previously has had his or her parental rights
terminated due to abuse or neglect.
   (2) The parent has a prior substantiated finding by the child
protective services department of serious maltreatment of a child.
   (c) A child protective services department that receives a
notification pursuant to this section shall conduct an immediate
investigation to ensure the safety and well-being of the infant.
   (d) Nothing in this section shall be interpreted to require the
removal of an infant from the home solely based on the past history
of abuse or neglect of either or both parents.
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.