BILL ANALYSIS �
AB 1434
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CONCURRENCE IN SENATE AMENDMENTS
AB 1434 (Feuer)
As Amended August 22, 2012
Majority vote
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|ASSEMBLY: |73-0 |(April 12, |SENATE: |36-0 |(August 28, |
| | |2012) | | |2012) |
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Original Committee Reference: PUB. S.
SUMMARY : Makes employees and administrators of a public or
private postsecondary institution whose duties involve contact
with children on a regular basis, 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).
The Senate amendments :
1)Make technical non-substantive changes.
2)Add double jointing language to avoid chaptering problems with
AB 1434 (Feuer), AB 1435 (Dickinson), AB 1713 (Campos), and AB
1817 (Atkins).
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.
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.
3)Defines "child abuse or neglect" as including physical injury
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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.
4)Defines a "mandated reporter" as specific child-care
custodians, health practitioners, law enforcement officers,
and other medical and professional persons.
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.
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.
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.
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.
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).
AS PASSED BY THE ASSEMBLY , this bill made 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,
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mandated reporters for the purpose of the Child Abuse and
Neglect Reporting Act (CANRA).
FISCAL EFFECT : According to the Senate Appropriations
Committee:
1)First-year cost pressure to public postsecondary institutions
potentially in excess of $200,000 (General Fund) to develop
training modules, policies and forms.
2)Annual cost pressure to public postsecondary institutions for
ongoing training and administrative costs associated with
noticing, tracking, and compliance.
3)Potential costs, likely less than $150,000 (General Fund) for
increased state prison commitments to the extent increasing
the number of mandated reporters results in additional felony
convictions.
4)Potential ongoing costs (Local Revenue Fund 2011/General Fund)
to county child welfare services departments for fielding and
investigation of increased mandated reports.
5)Ongoing costs to the Judicial Branch, likely in the range of
$25,000 to $50,000 (General Fund) for additional misdemeanor
and felony court filings.
6)Minor, absorbable costs to DOJ to process additional CANRA
reports.
7)Non-reimbursable local law enforcement costs due to additional
reporting and investigation, as well as increased enforcement
for failure to report, offset to a degree by fine revenue.
COMMENTS : 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 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.
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"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."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744
FN: 0005483