BILL NUMBER: SB 1352 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 26, 2012
INTRODUCED BY Senator Corbett
FEBRUARY 24, 2012
An act to amend Section 11166.3 of the Penal Code, relating to
child abuse.
LEGISLATIVE COUNSEL'S DIGEST
SB 1352, as amended, Corbett. Child abuse: investigation and
prosecution: child. child advocacy centers.
Existing law states the intent of the Legislature that the law
enforcement agencies and the county welfare or probation department
of each county develop and implement cooperative arrangements in
order to coordinate existing duties in connection with the
investigation of suspected child abuse or neglect cases. Existing law
requires a local law enforcement agency having jurisdiction over a
reported case of child abuse to report to the county welfare or
probation department that it is investigating the case, and requires
the county welfare department or probation department, in certain
cases, to evaluate what action or actions would be in the best
interest of the child and to submit its findings to the district
attorney, as specified.
This bill would encourage authorize
each county to establish a child advocacy center to coordinate the
investigation and prosecution of child abuse. The bill would provide
that if a county establishes a child advocacy center
may , the center shall consist of a
representative from the district attorney's office, the sheriff's
department or police department, or both those departments, and child
protective services and may also include representatives from
medical and mental health, victim advocacy, and any other agency
relevant to the identification, investigation, prosecution, and
treatment of child abuse. The bill would authorize each county to
develop an interagency protocol agreement for the collaborative
investigation of child abuse and neglect and would require any member
of the child advocacy center to sign the protocol. The bill would
require the protocol to define the multidisciplinary team, and to
detail how the team will work together, as provided. The bill
would require the Senate Office of Research to submit a report on or
before January 1, 2015, regarding the counties that have established
a child advocacy center, as provided.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11166.3 of the Penal Code is amended to read:
11166.3. (a) The Legislature intends that in each county the law
enforcement agencies and the county welfare or probation department
shall develop and implement cooperative arrangements in order to
coordinate existing duties in connection with the investigation of
suspected child abuse or neglect cases. The local law enforcement
agency having jurisdiction over a case reported under Section 11166
shall report to the county welfare or probation department that it is
investigating the case within 36 hours after starting its
investigation. The county welfare department or probation department
shall, in cases where a minor is a victim of actions specified in
Section 288 of this code and a petition has been filed pursuant to
Section 300 of the Welfare and Institutions Code with regard to the
minor, evaluate what action or actions would be in the best interest
of the child victim. Notwithstanding any other provision of law, the
county welfare department or probation department shall submit in
writing its findings and the reasons therefor to the district
attorney on or before the completion of the investigation. The
written findings and the reasons therefor shall be delivered or made
accessible to the defendant or his or her counsel in the manner
specified in Section 859.
(b) The local law enforcement agency having jurisdiction over a
case reported under Section 11166 shall report to the district office
of the State Department of Social Services any case reported under
this section if the case involves a facility specified in paragraph
(5) or (6) of subdivision (a) of Section 1502, Section 1596.750 or
1596.76 of the Health and Safety Code, and the licensing of the
facility has not been delegated to a county agency. The law
enforcement agency shall send a copy of its investigation report and
any other pertinent materials to the licensing agency upon the
request of the licensing agency.
(c) (1) A multidisciplinary approach for the response to
allegations of child abuse and neglect has been found most effective
and least traumatic when coordinated through a child advocacy center.
Each county is strongly encouraged
authorized to establish a child advocacy center to coordinate
the investigation and prosecution of child abuse.
(A) A child advocacy center is a child-focused, facility-based
program in which representatives from many disciplines, including law
enforcement, child protection, prosecution, medical and mental
health, and victim and child advocacy, work together to conduct
interviews and make team decisions about the investigation,
treatment, management, and prosecution of child abuse cases. This
multidisciplinary team approach protects victims of child abuse from
multiple interviews, results in a more complete understanding of case
issues and provides the most effective child- and family-focused
system response possible.
(B) A county If a county
establishes a child advocacy center, to maximize the center's
effectiveness, each child advocacy center may
shall consist of a representative from the
district attorney's office, the sheriff's department, the police
department, and child protective services. Members may also include
representatives from medical and mental health, victim advocacy, and
any other agency relevant to the identification, investigation,
prosecution, and treatment of child abuse.
(2) To further a multidisciplinary response, each county may
develop an interagency protocol agreement for the collaborative
investigation of child abuse and neglect signed by the district
attorney's office, the sheriff's department or police department, or
both those departments, and child protective services. Any other
agency relevant to the identification, investigation, prosecution,
and treatment of child abuse, including, but not limited to, medical
and mental health, and victim advocacy, may also sign the protocol.
Any member of the child advocacy center shall sign the protocol.
(3) The If a county enters into an
interagency protocol agreement signed pursuant to paragraph (2)
, the agreement shall define the county's multidisciplinary
team, the victims that the multidisciplinary team serve, and the
polices and practices directing how the multidisciplinary team will
work together to accomplish the following:
(A) Respond effectively to reports of child abuse and neglect.
(B) Collect high-quality information to ensure children are
protected and offenders held accountable.
(C) Keep the needs of victims and their families at the forefront
of the investigation.
(D) Connect victims and families to necessary medical,
therapeutic, and legal support.
(4) On or before January 1, 2015, the Senate Office of Research
shall submit a report regarding the number of counties that have
established a child advocacy center to coordinate the investigation
and prosecution of child abuse. The report shall also include, with
respect to the members of each child advocacy center, a determination
as to which groups are represented, and whether an interagency
protocol agreement has been established.
(5) (A) The requirement for submitting a report imposed under
paragraph (4) is inoperative on January 1, 2019, pursuant to Section
10231.5 of the Government Code.
(B) A report to be submitted pursuant to paragraph (4) shall be
submitted in compliance with Section 9795 of the Government Code.