BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 1352|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
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|327-4478 | |
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THIRD READING
Bill No: SB 1352
Author: Corbett (D), et al.
Amended: 4/25/12
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/17/12
AYES: Hancock, Anderson, Calderon, Harman, Liu, Price,
Steinberg
SUBJECT : Child abuse: investigation and prosecution:
child advocacy
centers
SOURCE : Alameda County District Attorneys Office
California Network of Child Advocacy Centers
County of Los Angeles District Attorneys Office
DIGEST : This bill statutorily authorizes the
establishment of Child Advocacy Centers to coordinate the
investigation and prosecution of child abuse, as specified.
ANALYSIS : Existing law states that 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
(mandated child abuse or neglect case) . . . shall report
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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
(child molestation, as specified) . . . and a (dependency)
petition has been filed . . . 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 . .
. ." (Penal Code � 11166.3(a).)
Existing law further provides that the "local law
enforcement agency having jurisdiction over a (reported
child abuse or neglect) case . . . shall report to the
district office of the State Department of Social Services
any case reported under this section if the case involves a
(specified) facility . . . 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." (Penal
Code � 11166.3(b).)
This bill adds the following provisions to Penal Code
Section 11166.3 as follows:
1.States that 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 authorized to establish a child advocacy center to
coordinate the investigation and prosecution of child
abuse."
2.States that 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
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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."
3.Provides that if "a county establishes a child advocacy
center, to maximize the center's effectiveness, each
child advocacy center 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."
4.Provides that 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."
5.Provides that if a county enters into an interagency
protocol agreement signed as described above, "the
agreement shall define the county's multidisciplinary
team, the victims who the multidisciplinary team serve,
and the policies and practices directing how the
multidisciplinary team will work together to accomplish
the following:
Respond effectively to reports of child abuse and
neglect.
Collect high-quality information to ensure children
are protected and offenders held accountable.
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Keep the needs of victims and their families at the
forefront of the investigation.
Connect victims and families to necessary medical,
therapeutic, and legal support."
Background
The development of child advocacy centers as an effective
way to address child sexual abuse cases began in the early
1980s.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 5/1/12)
Alameda County District Attorney's Office (co-source)
California Network of Child Advocacy Centers (co-source)
County of Los Angeles District Attorney's Office
(co-source)
Alameda County Board of Supervisors
California State Sheriffs' Association
California District Attorneys Association
California Teachers Association
California Women Lawyers
Child Abuse Listening, Interviewing and Coordination Center
Child Abuse Prevention Center
National Association of Social Workers
ARGUMENTS IN SUPPORT : The author states:
Over half of the counties in California do not have a
Child Advocacy Center, which leaves many victims
without the appropriate follow-up and therapeutic
services.
In addition, lack of coordination between all
agencies involved in child abuse cases can
compromises the investigation and force the victim to
describe the details of the abuse repeatedly.
In California's 58 counties, there are 19 accredited
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centers, eight associate centers and more than two
dozen counties that have already developed
multi-disciplinary teams.
In 1985, the first Child Advocacy Center opened in
Alabama. In 2008, child protective services
investigated more than 400,000 cases of child abuse
in the United States. Currently, the Child Abuse and
Neglect Reporting Act requires child welfare and law
enforcement agencies to work together and cross
reference incident reports of child abuse victims and
child neglect victims.
Today, thousands of Child Advocacy Centers exist and
more than 700 have accreditation and/or membership
with the National Children Alliance.
This bill puts into statute certain assertions and
definitions concerning the effectiveness of child advocacy
centers in responding to allegations of child abuse and
neglect. This bill requires that if a county establishes a
child advocacy center, certain representatives be part of
that center. This bill
authorizes, but not require, counties to develop
interagency protocols for the collaborative investigation
of child abuse and neglect, as specified. This bill
requires the Senate Office of Research to produce a report
regarding counties that have established these centers, as
specified
DLW:do 5/2/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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