BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 717|
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THIRD READING
Bill No: AB 717
Author: Ammiano (D)
Amended: 8/30/11 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 6-0, 6/21/11
AYES: Hancock, Anderson, Calderon, Liu, Price, Steinberg
NO VOTE RECORDED: Harman
SENATE APPROPRIATIONS COMMITTEE : 9-0, 8/25/11
AYES: Kehoe, Walters, Alquist, Emmerson, Lieu, Pavley,
Price, Runner, Steinberg
ASSEMBLY FLOOR : 75-0, 5/26/11 (Consent) - See last page
for vote
SUBJECT : Child Abuse Central Index: due process
SOURCE : Author
DIGEST : This bill makes several changes to the laws
concerning the Child Abuse Central Index (Child Abuse
Central Index) maintained by the Department of Justice
(DOJ). Specifically, this bill: (1) provides that reports
to be forwarded to the DOJ for reporting in the CACI to
include only those determined to be "substantiated," rather
than those "determined not to be unfounded," as specified;
(2) provides that after January 1, 2012, a police
department or sheriff's department shall no longer forward
written reports to DOJ of investigations of known or
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suspected child abuse or severe neglect; (3) allows any
person listed on the CACI a right to a hearing before the
agency that requested his or her inclusion in the CACI to
challenge his/her listing, as specified; (4) requires a
reporting agency to notify the DOJ when a hearing results
in a finding that a CACI listing was based on a report that
was not substantiated, and requires the DOJ to remove the
person's name from the CACI when so notified; (5) provides
that only substantiated reports be filed in the CACI, and
all other determinations shall be removed from the CACI;
and (6) requires any person listed on the CACI who has
reached 100 years of age to have his or her listing
removed.
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
Section 11164.)
Existing law requires the Department of Justice (DOJ) to
maintain an index of all reports of child abuse and severe
neglect (CACI) submitted by specified reporting agencies.
CACI is required by statute to be continually updated and
not contain any reports determined to be unfounded. (Penal
Code Section 11170(a)(1).)
Existing law states that the DOJ shall act only as a
repository of the suspected child abuse or neglect reports
that are maintained in CACI, and that the reporting
agencies are responsible for the accuracy, completeness,
and retention of reports. (Penal Code Section
11170(a)(2).)
Existing law requires DOJ to "immediately notify an agency"
that submits a mandated child abuse or neglect report, or a
district attorney who requests notification, of any
information in CACI that is relevant to the known or
suspected instance of child abuse or severe neglect
reported by the agency. Existing law further requires that
agency to make that information available to additional
persons, as specified. (Penal Code Section 11170(b).)
Existing law requires police departments, sheriff's
departments, probation departments if so authorized by the
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county, and county welfare departments to forward to DOJ a
report of every case of suspected child abuse or neglect
which is determined not to be unfounded, as defined.
(Penal Code Section 11169(a).)
Existing law requires that information from an inconclusive
or unsubstantiated suspected child abuse or neglect report
shall be deleted from CACI after 10 years if no subsequent
report concerning the suspected child abuser is received
within the 10-year period. (Penal Code Section
11170(a)(3).)
Existing law defines the following types of suspected child
abuse or neglect reports:
An "unfounded report" is a report that is determined by
the investigator to be false, inherently improbable, an
accidental injury, or not to constitute child abuse or
neglect, as defined.
A "substantiated report" is a report that is determined
by the investigator based on some credible evidence to
constitute child abuse or neglect, as defined.
An "inconclusive report" is a report that is determined
not to be unfounded, but in which the findings are
inconclusive and there is insufficient evidence to
determine if child abuse or neglect, as defined, has
occurred. (Penal Code Section 11165.12.)
Existing law requires at the time a reporting agency
forwards a report of suspected child abuse or neglect to
the DOJ, the agency must notify the known or suspected
child abuser that he/she has been reported to CACI. (Penal
Code Section 11169(b).)
Existing law provides that any person may determine if
he/she is listed in the CACI by making a request in writing
to the DOJ, as specified. DOJ is required to make
available to the requesting person information identifying
the date of the report and the submitting agency; the
requesting person is responsible for obtaining the
investigative report from the submitting agency, as
specified. (Penal Code Section 11170(f).)
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Existing law allows persons listed in CACI to obtain the
report of suspected abuse and information contained within
his/her CACI listing, as specified. (Penal Code Section
11167.5(b)(11).)
Existing law provides that if a person is listed in the
CACI only as a victim of child abuse or neglect and that
person is 18 years of age or older, that person may have
his/her name removed from the index by making a written
request to DOJ. (Penal Code Section 11170(g).)
This bill makes the following revisions to CACI:
Provide that reports to be forwarded to DOJ for inclusion
in CACI are those determined to be "substantiated,"
instead of those "determined not to be unfounded," as
specified.
Provide that, on and after January 1, 2012, a police
department or sheriff's department shall no longer
forward to DOJ a report in writing of any case it
investigates of known or suspected child abuse or severe
neglect.
Provide that sheriffs and police departments continue to
retain child abuse or neglect investigative reports that
result or resulted in a CACI listing as is now required
under existing law, as specified.
Provide that only substantiated reports go into CACI, and
that any other report would be removed, instead of
inconclusive or unsubstantiated reports being deleted
from CACI after 10 years, as specified;
Extend existing notice requirements to apply where DOJ
forwards CACI information, as specified;
Clarify that CACI information shall be shared with Child
Death Review Teams for investigative purposes only, as
specified;
Provide the following with respect to the right to a due
process hearing:
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o Subject to subdivision (e), any person who is
listed on the CACI has the right to a hearing before
the agency that requested his/her inclusion in the
CACI to challenge his/her listing on the CACI. The
hearing shall satisfy due process requirements. It is
the intent of the Legislature that the hearing
provided for by this subdivision shall not be
construed to be inconsistent with hearing proceedings
available to persons who have been listed on the CACI
prior to the enactment of the act that added this
subdivision.
o A hearing requested pursuant to subdivision (d)
shall be denied when a court of competent jurisdiction
has determined that suspected child abuse or neglect
has occurred, or when the allegation of child abuse or
neglect resulting in the referral to the CACI is
pending before the court. A person who is listed on
the CACI and has been denied a hearing pursuant to
this subdivision has a right to a hearing pursuant to
subdivision (d) only if the court's jurisdiction has
terminated, the court has not made a finding
concerning whether the suspected child abuse or
neglect was substantiated, and a hearing has not
previously been provided to the listed person pursuant
to subdivision (d).
Provide that if, "after a due process hearing pursuant to
this section, it is determined the person's CACI listing
was based on a report that was not substantiated, the
agency shall notify the DOJ of that result and the
department shall remove that person's name from the
CACI"; and
Provide that any person listed in the CACI who has
reached 100 years of age shall have his/her listing
removed from the CACI.
This bill is double-jointed to AB 212 (Beall).
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
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According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2011-12 2012-13
2013-14 Fund
CACI hearings Unknown;
potentially significant General
and notifications state reimbursable costs for additional
hearings
Removal of requirement
Significant state-reimbursable cost- General
to report to DOJ savings to local reporting agencies
CACI updates Minor,
absorbable costs to the DOJ General
Litigation impact Unknown;
likely significant ongoing General/
future cost-savings, potentially in
Local
the millions of dollars, to state and
local agencies
SUPPORT : (Verified 8/30/11)
California State Association of Counties
Child Abuse Prevention Council of Contra Costa County
Child and Family Protection Association
Children's Law Center of Los Angeles
County of Orange
County Welfare Directors Association
ARGUMENTS IN SUPPORT : The author states in part, "AB 717
is a response to several court decisions, which
collectively state that the Child Abuse Central Index
(CACI) is unconstitutional because it does not notice all
people of their inclusion in CACI and offer a due process
hearing or give people listed in CACI with unsubstantiated
cases of abuse or neglect a procedure to have their names
removed from the database.
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". . . CACI is predominantly used by regulatory agencies
like the State Department of Social Services, a county
welfare department, a Court Appointed Special Advocate
program, a tribal court or a tribal child welfare agency,
and other licensing agencies. In fact, 98% of all CACI
search requests are regulatory in nature for the purpose of
foster care, child care, employment, etc. Many other
states, like Connecticut, Illinois, and New York, provide a
process to challenge your listing in the CACI. California
does not.
"A federal appeals court ruled that Los Angeles County
should pay damages to a couple because they are still
listed in CACI, despite the fact that a state court had
ruled that the allegations of abuse were not true and the
couple was factually innocent. Later the U.S. Supreme
Court intervened to hear Los Angeles County's claim that
the State of California is at fault because it does not
provide a procedure for the couple to have their names
removed from CACI. This is just one example of the many
court cases related to CACI inclusion over the years that
have cost the Department of Justice and Department of
Social Services more than 2 million dollars in attorney
fees alone, not including Attorney General fees or DSS
Staff Counsel costs.
"AB 717 would make the Child Abuse Central Index (CACI)
constitutional by only including the reports from local
agencies of investigations that are substantiated.
Agencies that have previously filed substantiated reports
that have been found unsubstantiated shall notify DOJ for
removal from CACI. Law enforcement agencies would be no
longer required to report investigations to CACI.
ASSEMBLY FLOOR : 75-0, 5/26/11
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, Bill
Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Carter,
Chesbro, Conway, Cook, Dickinson, Donnelly, Eng, Feuer,
Fletcher, Fong, Fuentes, Furutani, Beth Gaines, Galgiani,
Garrick, Gatto, Gordon, Grove, Hagman, Halderman, Hall,
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Harkey, Hayashi, Roger Hern�ndez, Hill, Huber, Hueso,
Huffman, Jeffries, Knight, Lara, Logue, Bonnie Lowenthal,
Ma, Mansoor, Mendoza, Miller, Mitchell, Monning, Morrell,
Nestande, Nielsen, Norby, Olsen, Pan, Perea, V. Manuel
P�rez, Portantino, Silva, Skinner, Smyth, Solorio,
Swanson, Torres, Valadao, Wagner, Wieckowski, Williams,
Yamada, John A. P�rez
NO VOTE RECORDED: Campos, Cedillo, Davis, Gorell, Jones
RJG:do 8/29/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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