Amended in Assembly January 6, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 758

Introduced by Assembly Members Frazier and Perea

February 21, 2013

An act to amend Section 10850.4 begin delete of, and to add Section 10850.45 to, end delete begin insert of end insert the Welfare and Institutions Code, relating to child abuse and neglect.

LEGISLATIVE COUNSEL’S DIGEST

AB 758, as amended, Frazier. Child abuse and neglect: reports.

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Existing federal and state law requires the State Department of Social Services, as the state agency that administers and oversees the state’s child welfare program and as a condition of receiving certain federal funding, to, among other things, monitor and evaluate activities carried out in the state’s child welfare programs and report suspected instances of physical or mental injury, sexual abuse or exploitation, or negligent treatment or maltreatment of a child receiving specified aid.

end insert begin insert

This bill would restate the duties of the State Department of Social Services relating to the state’s child welfare programs. The bill would require the department to continue performing those duties by establishing policies and procedures that ensure the department is notified of child deaths by each county, investigates those deaths, and concludes whether the deaths were preventable by systemic reforms at the county level.

end insert begin delete

(1) Existing

end delete

begin insert Existing end insert law requires the custodian of records within a county child welfare agency, within 5 business days of learning that a child fatality has occurred in the county and that there is a reasonable suspicion that the fatality was caused by abuse or neglect, to release begin insert specified records end insert upon begin delete request specified records, end delete begin insert request, end insert subject to the redaction of certain identifying personal information, of child abuse or neglect that results in the death of a child. Existing law requires each county welfare agency or department to notify the State Department of Social Services, as provided, of all child fatalities that occurred within its jurisdiction that were the result of child abuse or neglect.

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This bill would require each county child welfare agency, within 60 calendar days of determining that abuse or neglect led to a child’s death in the county, as described, to review the child’s death and prepare a written report containing specified information. The bill would require the county child welfare agency to submit this report to the State Department of Social Services within 10 business days of its completion. By increasing the duties of local agencies, this bill would impose a state-mandated local program.

end delete begin delete

(2) Existing

end delete

begin insert Existing end insert law requires the State Department of Social Services to annually issue a report identifying the child fatalities and any systemic issues or patterns revealed by the notices submitted by county welfare services departments or agencies and other relevant information.

This bill would begin delete require, commencing January 1, 2014, end delete begin insert require end insert this report to include additional begin delete information provided to the department pursuant to the above-described reports prepared by county child welfare agencies. end delete begin insert information, including an analysis of the circumstances leading to each child’s death if the child had previously received child welfare services in the county in which the death occurred or in which the child had been the subject of a report of possible abuse or neglect and an evaluation and conclusion of whether child welfare services provided to the child, if any, were provided in a manner that is consistent with state law, federal law, and county policies and procedures. end insert

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(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end delete begin delete

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete yes end delete begin insert no end insert .

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 10850.4 of the end insert begin insert Welfare and Institutions
Code end insert begin insert is amended to read: end insert

10850.4.  

(a) Within five business days of learning that a child
fatality has occurred in the county and that there is a reasonable
suspicion that the fatality was caused by abuse or neglect, the
custodian of records for the county child welfare agency, upon
request, shall release the following information:

(1) The age and gender of the child.

(2) The date of death.

(3) Whether the child was in foster care or in the home of his
or her parent or guardian at the time of death.

(4) Whether an investigation is being conducted by a law
enforcement agency or the county child welfare agency.

(b) All cases in which abuse or neglect leads to a child’s death
shall be subject to the disclosures required in subdivision (c). Abuse
or neglect is determined to have led to a child’s death if one or
more of the following conditions are met:

(1) A county child protective services agency determines that
the abuse or neglect was substantiated.

(2) A law enforcement investigation concludes that abuse or
neglect occurred.

(3) A coroner or medical examiner concludes that the child who
died had suffered abuse or neglect.

(c) Upon completion of the child abuse or neglect investigation
into the child’s death, as described in subdivision (b), the following
documents from the juvenile case file shall be released by the
custodian of records upon request, subject to the redactions set
forth in subdivision (e):

(1) All of the information in subdivision (a).

(2) For cases in which the child’s death occurred while living
with a parent or guardian, all previous referrals of abuse or neglect
of the deceased child while living with that parent or guardian
shall be disclosed along with the following documents:

(A) The emergency response referral information form and the
emergency response notice of referral disposition form completed
by the county child welfare agency relating to the abuse or neglect
that caused the death of the child.

(B) Any cross reports completed by the county child welfare
agency to law enforcement relating to the deceased child.

(C) All risk and safety assessments completed by the county
child welfare services agency relating to the deceased child.

(D) All health care records of the deceased child, excluding
mental health records, related to the child’s death and previous
injuries reflective of a pattern of abuse or neglect.

(E) Copies of police reports about the person against whom the
child abuse or neglect was substantiated.

(3) For cases in which the child’s death occurred while the child
was in foster care, the following documents in addition to those
specified in paragraphs (1) and (2) generated while the child was
living in the foster care placement that was the placement at the
time of the child’s death:

(A) Records pertaining to the foster parents’ initial licensing
and renewals and type of license or licenses held, if in the case
file.

(B) All reported licensing violations, including notices of action,
if in the case file.

(C) Records of the training completed by the foster parents, if
in the case file.

(d) The documents listed in subdivision (c) shall be released to
the public by the custodian of records within 10 business days of
the request or the disposition of the investigation, whichever is
later.

(e) (1) Prior to releasing any document pursuant to subdivision
(c), the custodian of records shall redact the following information:

(A) The names, addresses, telephone numbers, ethnicity,
religion, or any other identifying information of any person or
institution, other than the county or the State Department of Social
Services, that is mentioned in the documents listed in paragraphs
(2) and (3) of subdivision (c).

(B) Any information that would, after consultation with the
district attorney, jeopardize a criminal investigation or proceeding.

(C) Any information that is privileged, confidential, or not
subject to disclosure pursuant to any other state or federal law.

(2) (A) The State Department of Social Services shall
promulgate a regulation listing the laws described in subparagraph
(C) of paragraph (1) and setting forth standards governing
redactions.

(B) Notwithstanding the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code), until emergency regulations are filed with the Secretary of
State, the State Department of Social Services may implement the
changes made to Section 827 and this section at the 2007-08
Regular Session of the Legislature through all-county letters or
similar instructions from the director. The department shall adopt
begin delete as end delete emergency regulations, as necessary to implement those changes,
no later than January 1, 2009.

(C) The adoption of regulations pursuant to this paragraph shall
be deemed to be an emergency necessary for the immediate
preservation of the public peace, health, safety, or general welfare.
The emergency regulations authorized by this section shall be
exempt from review by the Office of Administrative Law. The
emergency regulations authorized by this section shall be submitted
for filing with the Secretary of State and shall remain in effect for
no more than 180 days, by which time the final regulations shall
be adopted.

(f) Upon receiving a request for the documents listed in
subdivision (c), the custodian of records shall notify and provide
a copy of the request upon counsel for any child who is directly
or indirectly connected to the juvenile case file. If counsel for a
child, including the deceased child or any sibling of the deceased
child, objects to the release of any part of the documents listed in
paragraphs (2) and (3) of subdivision (c), they may petition the
juvenile court for relief to prevent the release of any document or
part of a document requested pursuant to paragraph (2) of
subdivision (a) of Section 827.

(g) Documents from the juvenile case file, other than those listed
in paragraphs (2) and (3) of subdivision (c), shall only be disclosed
upon an order by the juvenile court pursuant to Section 827.

(h) Once documents pursuant to this section have been released
by the custodian of records, the State Department of Social Services
or the county welfare department or agency may comment on the
case within the scope of the release.

(i) Information released by a custodian of records consistent
with the requirements of this section does not require prior notice
to any other individual.

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(j) (1) As a condition of receiving federal funding under Title
IV-E of the Social Security Act (42 U.S.C. Sec. 671 et seq.), the
State Department of Social Services has designated itself as the
state agency that administers and oversees the state’s child welfare
program. To receive Title IV-E funding, the department represents
that it has done and shall continue doing all of the following:

end insert begin insert

(A) Develop and implement standards to ensure that children
in foster care placements in public or private agencies are provided
quality services that protect the safety and health of the children.

end insert begin insert

(B) Monitor and conduct evaluations of activities carried out
in the state’s Title IV-E program.

end insert begin insert

(C) Report to an appropriate agency or official known or
suspected instances of physical or mental injury, sexual abuse or
exploitation, or negligent treatment or maltreatment of a child
receiving aid under Title IV-B or IV-E under circumstances that
indicate that the child’s health or welfare is threatened.

end insert begin insert

(D) Arrange for a periodic and independently conducted audit,
no less frequently than once every three years, of the Title IV-B
or IV-E programs.

end insert begin insert

(E) Create a case review system that meets the requirements of
Sections 475(5) and 475(6) of the Social Security Act (42 U.S.C.
Secs. 675(5) and 675(6)) and ensures that a review of each child’s
status is made no less frequently than once every six months, either
by a court or by an administrative review, to determine all of the
following:

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(i) The safety of the child.

end insert begin insert

(ii) The continuing need for, and appropriateness of, the
placement.

end insert begin insert

(iii) The extent of compliance with the case plan.

end insert begin insert

(iv) The extent of progress made toward alleviating or mitigating
the causes necessitating the placement.

end insert begin insert

(v) A projected likely date by which the child may be returned
and safely maintained at home or placed for adoption or legal
guardianship.

end insert begin insert

(2) To perform the duties listed in paragraph (1), the State
Department of Social Services shall establish policies and
procedures to ensure the department is accurately, regularly, and
comprehensively notified of child deaths by each county,
investigates those deaths, concludes whether the deaths were
preventable by systemic reforms at the county child protective
services agency, and takes action to ensure that county policies
and practices provide quality services that protect the safety and
health of the children are in compliance with state and federal
law. The department shall have policies and practices in place to
monitor each county’s case review system to ensure that a review
of each child’s status is made no less frequently than every six
months.

end insert begin delete

(j)

end delete

begin insert (3) end insert  Each county welfare department or agency shall notify the
State Department of Social Services of every child fatality that
occurred within its jurisdiction that was the result of child abuse
or neglect. Based on these notices and any other relevant
information in the State Department of Social Services’ possession,
the department shall annually issue a report begin delete identifying the child
fatalities and any systemic issues or patterns revealed by the notices
and other relevant information. The State Department of Social
Services, after consultation with interested stakeholders, shall
provide instructions by an all-county letter regarding the procedure
for notification. end delete begin insert that includes all of the following: end insert

begin insert

(A) Child death information stated separately for each county
and a statement as to whether the State Department of Social
Services has taken steps to ensure county compliance with the
requirement to notify the department of child deaths.

end insert begin insert

(B) A comparison of child death information over multiple years,
commencing with the 2015 calendar year up to the current year
in which the report is being prepared.

end insert begin insert

(C) Of the number of all child deaths resulting from abuse or
neglect in each county, the percentage of these deaths that were
those of children who had previously received child welfare
services in the county where the child’s death occurred, or who
had been the subject of a report of possible abuse and neglect
received by the county child welfare agency.

end insert begin insert

(D) An analysis of the circumstances leading to each child’s
death where the child had previously received child welfare
services in the county where the child’s death occurred or where
the child had been the subject of a report of possible abuse and
neglect received by the county child welfare agency.

end insert begin insert

(E) An evaluation and conclusion of whether child welfare
services provided to the child, if any, were provided in a manner
that is consistent with state law, federal law, and county policies
and procedures.

end insert begin insert

(F) The steps the State Department of Social Services took to
investigate the circumstances of each child death and the county’s
compliance with state law, federal law, and the county’s policies
and procedures, including, but not limited to, the number of county
case files that were reviewed, the names of the department staff
who conducted the investigations, the names and titles of the county
officials and staff interviewed as a part of the investigation, a
summary of the substance of those interviews, and the county
policies and practices reviewed.

end insert begin insert

(G) The steps, if any, the State Department of Social Services
took to ensure that state law, federal law, and county policies and
procedures are being followed after the investigation and the
monitoring the department has implemented.

end insert begin insert

(H) By county, whether a review of each child’s status is made
no less frequently than once every six months, either by a court or
by an administrative review, and the steps the State Department
of Social Services took to verify the conclusions of the review,
including, but not limited to, the name of the department staff
conducting the investigation, the number of case files reviewed,
the names of county officials interviewed, and a summary of the
substance of those interviews.

end insert begin insert

(I) Copies of the independently conducted audits.

end insert begin insert

(J) Copies of all documents related to the State Department of
Social Services’ monitoring and evaluation of activities carried
out in the state’s Title IV-E program, including county child
welfare activities.

end insert

(k) For purposes of this section, the following definitions apply:

(1) “Child abuse or neglect” has the same meaning as defined
in Section 11165.6 of the Penal Code.

(2) “Custodian of records,” for the purposes of this section and
paragraph (2) of subdivision (a) of Section 827, means the county
welfare department or agency.

(3) “Juvenile case files” or “case files” include any juvenile
court files, as defined in Rule 5.552 of the California Rules of
Court, and any county child welfare department or agency or State
Department of Social Services records regardless of whether they
are maintained electronically or in paper form.

(4) “Substantiated” has the same meaning as defined in Section
11165.12 of the Penal Code.

(l) A person disclosing juvenile case file information as required
by this section shall not be subject to suit in civil or criminal
proceedings for complying with the requirements of this section.

(m) This section shall apply only to deaths that occur on or after
January 1, 2008.

(n) Nothing in this section shall require a custodian of records
to retain documents beyond any date otherwise required by law.

(o) Nothing in this section shall be construed as requiring a
custodian of records to obtain documents not in the case file.

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SECTION 1.  

Section 10850.4 of the Welfare and Institutions
Code is amended to read:

10850.4.  

(a) Within five business days of learning that a child
fatality has occurred in the county and that there is a reasonable
suspicion that the fatality was caused by abuse or neglect, the
custodian of records for the county child welfare agency, upon
request, shall release the following information:

(1) The age and gender of the child.

(2) The date of death.

(3) Whether the child was in foster care or in the home of his
or her parent or guardian at the time of death.

(4) Whether an investigation is being conducted by a law
enforcement agency or the county child welfare agency.

(b) All cases in which abuse or neglect leads to a child’s death
shall be subject to the disclosures required in subdivision (c). Abuse
or neglect is determined to have led to a child’s death if one or
more of the following conditions are met:

(1) A county child protective services agency determines that
the abuse or neglect was substantiated.

(2) A law enforcement investigation concludes that abuse or
neglect occurred.

(3) A coroner or medical examiner concludes that the child who
died had suffered abuse or neglect.

(c) Upon completion of the child abuse or neglect investigation
into the child’s death, as described in subdivision (b), the following
documents from the juvenile case file shall be released by the
custodian of records upon request, subject to the redactions set
forth in subdivision (e):

(1) All of the information in subdivision (a).

(2) For cases in which the child’s death occurred while living
with a parent or guardian, all previous referrals of abuse or neglect
of the deceased child while living with that parent or guardian
shall be disclosed along with the following documents:

(A) The emergency response referral information form and the
emergency response notice of referral disposition form completed
by the county child welfare agency relating to the abuse or neglect
that caused the death of the child.

(B) Any cross reports completed by the county child welfare
agency to law enforcement relating to the deceased child.

(C) All risk and safety assessments completed by the county
child welfare services agency relating to the deceased child.

(D) All health care records of the deceased child, excluding
mental health records, related to the child’s death and previous
injuries reflective of a pattern of abuse or neglect.

(E) Copies of police reports about the person against whom the
child abuse or neglect was substantiated.

(3) For cases in which the child’s death occurred while the child
was in foster care, the following documents in addition to those
specified in paragraphs (1) and (2) generated while the child was
living in the foster care placement that was the placement at the
time of the child’s death:

(A) Records pertaining to the foster parents’ initial licensing
and renewals and type of license or licenses held, if in the case
file.

(B) All reported licensing violations, including notices of action,
if in the case file.

(C) Records of the training completed by the foster parents, if
in the case file.

(d) The documents listed in subdivision (c) shall be released to
the public by the custodian of records within 10 business days of
the request or the disposition of the investigation, whichever is
later.

(e) (1) Prior to releasing any document pursuant to subdivision
(c), the custodian of records shall redact the following information:

(A) The names, addresses, telephone numbers, ethnicity,
religion, or any other identifying information of any person or
institution, other than the county or the State Department of Social
Services, that is mentioned in the documents listed in paragraphs
(2) and (3) of subdivision (c).

(B) Any information that would, after consultation with the
district attorney, jeopardize a criminal investigation or proceeding.

(C) Any information that is privileged, confidential, or not
subject to disclosure pursuant to any other state or federal law.

(2) (A) The State Department of Social Services shall
promulgate a regulation listing the laws described in subparagraph
(C) of paragraph (1) and setting forth standards governing
redactions.

(B) Notwithstanding the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code), until emergency regulations are filed with the Secretary of
State, the State Department of Social Services may implement the
changes made to Section 827 and this section at the 2007-08
Regular Session of the Legislature through all-county letters or
similar instructions from the director. The department shall adopt
emergency regulations, as necessary to implement those changes,
no later than January 1, 2009.

(C) The adoption of regulations pursuant to this paragraph shall
be deemed to be an emergency necessary for the immediate
preservation of the public peace, health, safety, or general welfare.
The emergency regulations authorized by this section shall be
exempt from review by the Office of Administrative Law. The
emergency regulations authorized by this section shall be submitted
for filing with the Secretary of State and shall remain in effect for
no more than 180 days, by which time the final regulations shall
be adopted.

(f) Upon receiving a request for the documents listed in
subdivision (c), the custodian of records shall notify and provide
a copy of the request upon counsel for any child who is directly
or indirectly connected to the juvenile case file. If counsel for a
child, including the deceased child or any sibling of the deceased
child, objects to the release of any part of the documents listed in
paragraphs (2) and (3) of subdivision (c), they may petition the
juvenile court for relief to prevent the release of any document or
part of a document requested pursuant to paragraph (2) of
subdivision (a) of Section 827.

(g) Documents from the juvenile case file, other than those listed
in paragraphs (2) and (3) of subdivision (c), shall only be disclosed
upon an order by the juvenile court pursuant to Section 827.

(h) Once documents pursuant to this section have been released
by the custodian of records, the State Department of Social Services
or the county welfare department or agency may comment on the
case within the scope of the release.

(i) Information released by a custodian of records consistent
with the requirements of this section does not require prior notice
to any other individual.

(j) (1) Each county welfare department or agency shall notify
the State Department of Social Services of every child fatality that
occurred within its jurisdiction that was the result of child abuse
or neglect. Based on these notices and any other relevant
information in the State Department of Social Services’ possession,
the department shall annually issue a report identifying the child
fatalities and any systemic issues or patterns revealed by the notices
and other relevant information. The State Department of Social
Services, after consultation with interested stakeholders, shall
provide instructions by an all-county letter regarding the procedure
for notification.

(2) Commencing January 1, 2014, the report required under
paragraph (1) shall also be based upon the county child welfare
agency death review reports provided to the State Department of
Social Services pursuant to subdivision (b) of Section 10850.45,
and shall include the following additional information:

(A) Child death information stated separately for each county.

(B) Whether each county prepared and submitted to the State
Department of Social Services the child death review reports
required by Section 10850.45.

(C) A comparison of child death information over multiple
years, commencing with the 2014 calendar year up to the current
year in which the report is being prepared, and an analysis of
whether these deaths indicate any systemic issues or patterns that
need improvement.

(D) Of the number of all child deaths resulting from abuse or
neglect in each county, the percentage of these deaths that were
those of children who had previously received child welfare
services in the county where the child’s death occurred.

(k) For purposes of this section, the following definitions apply:

(1) “Child abuse or neglect” has the same meaning as defined
in Section 11165.6 of the Penal Code.

(2) “Custodian of records,” for the purposes of this section and
paragraph (2) of subdivision (a) of Section 827, means the county
welfare department or agency.

(3) “Juvenile case files” or “case files” include any juvenile
court files, as defined in Rule 5.552 of the California Rules of
Court, and any county child welfare department or agency or State
Department of Social Services records regardless of whether they
are maintained electronically or in paper form.

(4) “Substantiated” has the same meaning as defined in Section
11165.12 of the Penal Code.

(l) A person disclosing juvenile case file information as required
by this section shall not be subject to suit in civil or criminal
proceedings for complying with the requirements of this section.

(m) This section shall apply only to deaths that occur on or after
January 1, 2008.

(n) Nothing in this section shall require a custodian of records
to retain documents beyond any date otherwise required by law.

(o) Nothing in this section shall be construed as requiring a
custodian of records to obtain documents not in the case file.

SEC. 2.  

Section 10850.45 is added to the Welfare and
Institutions Code, to read:

10850.45.  

(a) A county child welfare agency shall, within 60
calendar days of determining that abuse or neglect led to a child’s
death in the county as described in subdivision (b) of Section
10850.4, review the child’s death and prepare a written report that
contains all of the following:

(1) An analysis of the circumstances leading to the child’s death.

(2) An evaluation of whether child welfare services provided
to the child, if any, could have been improved.

(3) If the agency’s evaluation under paragraph (2) determines
that child welfare services delivered to the child could have been
improved, recommendations regarding how to improve the delivery
of child welfare services for children in the future.

(b) (1) A county child welfare agency shall provide the State
Department of Social Services with a copy of each report prepared
pursuant to subdivision (a), within 10 business days of completing
the report.

(2) The State Department of Social Services shall review the
reports provided under paragraph (1) for any systemic issues or
patterns that need improvement.

SEC. 3.  

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

end delete