BILL ANALYSIS �
AB 1434
Page 1
Date of Hearing: March 6, 2012
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 1434 (Feuer) - As Introduced: January 4, 2012
As Proposed to be Amended in Committee
SUMMARY : Makes employees of a public or private institution of
higher learning, as to child abuse or neglect occurring on that
institution's premises, or at an official activity of, or
program conducted by the institution, mandated reporters for the
purpose of the Child Abuse and Neglect Reporting Act (CANRA).
EXISTING LAW :
1)Requires that any mandated reporter who has knowledge of, or
observes, a child in his or her professional capacity or
within the scope of his or her employment whom he or she
knows, or reasonably suspects, has been the victim of child
abuse shall report that incident immediately to a specified
child protection agency by telephone, and requires a written
report be sent within 36 hours. �Penal Code Section
11166(a).]
2)Requires that reports of suspected child abuse or neglect
shall be made by a mandated reporter to any police or
sheriff's department, a county probation department if
designated by the county to receive mandated reports, or the
county welfare department. (Penal Code Section 11165.9.)
3)Defines "child abuse or neglect" as including physical injury
inflicted by other than accidental means upon a child by
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.
(Penal Code Section 11165.6.)
4)Defines a "mandated reporter" as specific child-care
custodians, health practitioners, law enforcement officers,
and other medical and professional persons. (Penal Code
Section 11165.7.)
AB 1434
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5)Defines "reasonable suspicion" as meaning that it is
objectively reasonable for a person to entertain a suspicion,
based upon facts that could cause a reasonable person in a
like position, drawing, when appropriate, on his or her
training and experience, to suspect child abuse or neglect.
For the purpose of this article, the pregnancy of a minor does
not, in and of itself, constitute a basis for a reasonable
suspicion of sexual abuse. �Penal Code Section 11166(a)(1).]
6)Provides that the reporting duties under CANRA are individual,
no supervisor or administrator may impede or inhibit the
reporting duties, and no person making a report shall be
subject to any sanctions for making the report. �Penal Code
Section 11166(g)(1).]
7)Provides that any mandated reporter who fails to report an
instance of known or reasonably suspected child abuse or
neglect as required is guilty of a misdemeanor, punishable by
up to six months in the county jail; by a fine of $1,000; or
by both imprisonment and fine. �Penal Code Section 11166(b).]
8)Requires specified reporting agencies to forward to the
Department of Justice (DOJ) a report of every case of
suspected child abuse or neglect which is determined to be
substantiated; and if a previously filed report proves to be
unfounded, the DOJ shall be notified in writing and shall not
retain that report. �Penal Code Section 11169(a).]
9)Requires at the time a reporting agency forwards a report of
suspected child abuse or neglect to the DOJ, the agency notify
the known or suspected child abuser that he or she has been
reported to the Child Abuse Central Index (CACI). �Penal Code
Section 11165(b).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "This bill
responds to the shocking and tragic allegations at Penn State,
where campus employees and administrators failed to report
multiple claims of abuse. Each year, thousands of minor
children spend time on California college campuses, for
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activities ranging from soccer tournaments to academic
programs to school tours. AB 1434 addresses a gap in mandated
reporter law that does not require college employees who are
not otherwise mandated reporters to report child abuse to law
enforcement. We owe it to kids spending time on college
campuses to ensure that suspicions of child abuse are detected
and reported.
"Higher education institutions educate many minor students each
year who need this bill's protections. Some community
colleges allow high school students to take college courses
while still in high school; additionally, many high school
graduates who attend college are under the age of 18 when they
begin college. Further, thousands of children participate in
programs that use college facilities each year; these children
deserve protection from child abuse. AB 1434 helps close this
critical gap in mandated reporter law."
2)Argument in Support : According to the California Protective
Parents Association , "We agree with the need to expand the
mandated reporting statute. Abusers often find employment in
occupations such as higher education that bring them close to
vulnerable children and youth. The Penn State scandal that
erupted ruing football season last fall and the Catholic
church pedophile priest scandal show us that institutions tend
to protect themselves and their personnel before protecting
victims. This bill would help to stop that unfortunate and
dangerous practice.
"Our organization seeks to ensure child safety in the context of
separation/divorce and custody. Children of divorce are
involved in higher education and may disclose abuse or neglect
to employees. This bill will provide clarity to the education
institution administrators and employees regarding the
mandated reporting process."
3)Argument in Opposition : According to the California Public
Defenders Association , "This legislation seeks to address the
Sandusky/Paterno debacle which unfolded on national TV. But
the legislation could open a Pandora's Box of unintended
consequences including issues surrounding attorney/client and
doctor/patient privilege, barring higher education to anyone
under than 18 years of age, raising the student tuition and
fees and other associated costs.
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"While the conflict of law this bill creates between the mandate
to report, and attorney/client privilege would be problematic
for all attorneys and doctors employed by institutions of
higher learning, it would be particularly so for those who
work in the clinic setting. Take for example attorneys
operating clinics at law schools providing post release
community supervision legal services-if their client makes a
statement or provides information giving rise to the
attorney's obligations under this bill, the attorney and the
law students whose attorney/client privilege trumps all, would
face disbarment for violation of the sacrosanct obligation of
attorney client privilege and would face criminal charges
under AB 1434 for upholding this required privilege. A doctor
who works at a college clinic would be equally conflicted if a
student patient divulged something, which the student patient
did not want further disseminated. Without clarification that
the obligation imposed under this bill does not supersede such
privilege obligations, attorneys and doctors working at
college campuses will be forced to violate this law."
REGISTERED SUPPORT / OPPOSITION :
Support
California Protective Parents Association
California State Sheriffs' Association
Child Abuse Prevention Center
Children's Advocacy Institute
Crime Victims United of California
Opposition
California Public Defenders Association
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744