Bill Text: CA AB1432 | 2013-2014 | Regular Session | Chaptered
Bill Title: Mandated child abuse reporting: school employees: training.
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Passed) 2014-09-29 - Chaptered by Secretary of State - Chapter 797, Statutes of 2014. [AB1432 Detail]
Download: California-2013-AB1432-Chaptered.html
BILL NUMBER: AB 1432 CHAPTERED
BILL TEXT
CHAPTER 797
FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2014
APPROVED BY GOVERNOR SEPTEMBER 29, 2014
PASSED THE SENATE AUGUST 20, 2014
PASSED THE ASSEMBLY AUGUST 22, 2014
AMENDED IN SENATE AUGUST 4, 2014
AMENDED IN ASSEMBLY MAY 23, 2014
AMENDED IN ASSEMBLY MAY 7, 2014
AMENDED IN ASSEMBLY FEBRUARY 11, 2014
INTRODUCED BY Assembly Member Gatto
(Principal coauthor: Assembly Member Bonilla)
(Coauthors: Assembly Members Campos, Dababneh, and Dickinson)
(Coauthor: Senator Cannella)
JANUARY 6, 2014
An act to repeal Section 44690 of, and to repeal and add Section
44691 of, the Education Code, and to amend Section 11165.7 of the
Penal Code, relating to child abuse reporting.
LEGISLATIVE COUNSEL'S DIGEST
AB 1432, Gatto. Mandated child abuse reporting: school employees:
training.
The Child Abuse and Neglect Reporting Act requires a mandated
reporter, which includes a teacher or one of certain other types of
school employees, to report whenever he or she, in his or her
professional capacity or within the scope of his or her employment,
has knowledge of or has observed a child whom the mandated reporter
knows or reasonably suspects has been the victim of child abuse or
neglect. Existing law requires the State Department of Education to
develop staff development seminars and any other appropriate means of
instructing school personnel in the detection of child abuse and
neglect and the proper action that school personnel should take in
suspected cases of child abuse and neglect. Existing law requires
school districts that do not train their employees in the duties of
mandated reporters under the child abuse reporting laws to report to
the State Department of Education the reasons why this training is
not provided.
This bill would require the State Department of Education, in
consultation with the Office of Child Abuse Prevention in the State
Department of Social Services, to develop and disseminate information
to all school districts, county offices of education, state special
schools and diagnostic centers operated by the State Department of
Education, and charter schools, and their school personnel in
California, regarding the detection and reporting of child abuse, to
provide statewide guidance on the responsibilities of mandated
reporters, and to develop appropriate means of instructing school
personnel in the detection of child abuse and neglect and the proper
action that school personnel should take in suspected cases of child
abuse and neglect, including, but not limited to, an online training
module to be provided by the State Department of Social Services.
The bill would require school districts, county offices of
education, state special schools and diagnostic centers operated by
the State Department of Education, and charter schools to do both of
the following: (1) annually train, using the online training module
provided by the State Department of Social Services, or other
training, as specified, employees and persons working on their behalf
who are mandated reporters on the mandated reporting requirements,
as specified; and (2) develop a process for all persons required to
receive training under the bill to provide proof of completing this
training within the first 6 weeks of each school year or within 6
weeks of that person's employment. By imposing these additional
duties on local educational agencies, this bill would impose a
state-mandated local program.
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.
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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 44690 of the Education Code is repealed.
SEC. 2. Section 44691 of the Education Code is repealed.
SEC. 3. Section 44691 is added to the Education Code, to read:
44691. (a) The State Department of Education, in consultation
with the Office of Child Abuse Prevention in the State Department of
Social Services, shall do all of the following:
(1) Develop and disseminate information to all school districts,
county offices of education, state special schools and diagnostic
centers operated by the State Department of Education, and charter
schools, and their school personnel in California, regarding the
detection and reporting of child abuse.
(2) Provide statewide guidance on the responsibilities of mandated
reporters who are school personnel in accordance with the Child
Abuse and Neglect Reporting Act (Article 2.5 (commencing with Section
11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code). This
guidance shall include, but not necessarily be limited to, both of
the following:
(A) Information on the identification of child abuse and neglect.
(B) Reporting requirements for child abuse and neglect.
(3) Develop appropriate means of instructing school personnel in
the detection of child abuse and neglect and the proper action that
school personnel should take in suspected cases of child abuse and
neglect, including, but not limited to, an online training module to
be provided by the State Department of Social Services.
(b) School districts, county offices of education, state special
schools and diagnostic centers operated by the State Department of
Education, and charter schools shall do both of the following:
(1) Except as provided in subdivision (c), provide annual
training, using the online training module provided by the State
Department of Social Services, to their employees and persons working
on their behalf who are mandated reporters, as defined in Section
11165.7 of the Penal Code, pursuant to this section and subdivision
(d) of Section 11165.7 of the Penal Code on the mandated reporting
requirements. Mandated reporter training shall be provided to school
personnel hired during the course of the school year. This training
shall include information that failure to report an incident of known
or reasonably suspected child abuse or neglect, as required by
Section 11166 of the Penal Code, is a misdemeanor punishable by up to
six months confinement in a county jail, or by a fine of one
thousand dollars ($1,000), or by both that imprisonment and fine.
(2) Develop a process for all persons required to receive training
pursuant to this section to provide proof of completing the training
within the first six weeks of each school year or within the first
six weeks of that person's employment. The process developed under
this paragraph may include, but not necessarily be limited to, the
use of a sign-in sheet or the submission of a certificate of
completion to the applicable governing board or body of the school
district, county office of education, state special school and
diagnostic center, or charter school.
(c) School districts, county offices of education, state special
schools and diagnostic centers operated by the State Department of
Education, and charter schools that do not use the online training
module provided by the State Department of Social Services shall
report to the State Department of Education the training being used
in its place.
SEC. 4. Section 11165.7 of the Penal Code is amended to read:
11165.7. (a) As used in this article, "mandated reporter" is
defined as any of the following:
(1) A teacher.
(2) An instructional aide.
(3) A teacher's aide or teacher's assistant employed by a public
or private school.
(4) A classified employee of a public school.
(5) An administrative officer or supervisor of child welfare and
attendance, or a certificated pupil personnel employee of a public or
private school.
(6) An administrator of a public or private day camp.
(7) An administrator or employee of a public or private youth
center, youth recreation program, or youth organization.
(8) An administrator or employee of a public or private
organization whose duties require direct contact and supervision of
children.
(9) An employee of a county office of education or the State
Department of Education whose duties bring the employee into contact
with children on a regular basis.
(10) A licensee, an administrator, or an employee of a licensed
community care or child day care facility.
(11) A Head Start program teacher.
(12) A licensing worker or licensing evaluator employed by a
licensing agency, as defined in Section 11165.11.
(13) A public assistance worker.
(14) An employee of a child care institution, including, but not
limited to, foster parents, group home personnel, and personnel of
residential care facilities.
(15) A social worker, probation officer, or parole officer.
(16) An employee of a school district police or security
department.
(17) A person who is an administrator or presenter of, or a
counselor in, a child abuse prevention program in a public or private
school.
(18) A district attorney investigator, inspector, or local child
support agency caseworker, unless the investigator, inspector, or
caseworker is working with an attorney appointed pursuant to Section
317 of the Welfare and Institutions Code to represent a minor.
(19) A peace officer, as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2, who is not otherwise described in
this section.
(20) A firefighter, except for volunteer firefighters.
(21) A physician and surgeon, psychiatrist, psychologist, dentist,
resident, intern, podiatrist, chiropractor, licensed nurse, dental
hygienist, optometrist, marriage and family therapist, clinical
social worker, professional clinical counselor, or any other person
who is currently licensed under Division 2 (commencing with Section
500) of the Business and Professions Code.
(22) An emergency medical technician I or II, paramedic, or other
person certified pursuant to Division 2.5 (commencing with Section
1797) of the Health and Safety Code.
(23) A psychological assistant registered pursuant to Section 2913
of the Business and Professions Code.
(24) A marriage and family therapist trainee, as defined in
subdivision (c) of Section 4980.03 of the Business and Professions
Code.
(25) An unlicensed marriage and family therapist intern registered
under Section 4980.44 of the Business and Professions Code.
(26) A state or county public health employee who treats a minor
for venereal disease or any other condition.
(27) A coroner.
(28) A medical examiner or other person who performs autopsies.
(29) A commercial film and photographic print or image processor
as specified in subdivision (e) of Section 11166. As used in this
article, "commercial film and photographic print or image processor"
means a person who develops exposed photographic film into negatives,
slides, or prints, or who makes prints from negatives or slides, or
who prepares, publishes, produces, develops, duplicates, or prints
any representation of information, data, or an image, including, but
not limited to, any film, filmstrip, photograph, negative, slide,
photocopy, videotape, video laser disc, computer hardware, computer
software, computer floppy disk, data storage medium, CD-ROM,
computer-generated equipment, or computer-generated image, for
compensation. The term includes any employee of that person; it does
not include a person who develops film or makes prints or images for
a public agency.
(30) A child visitation monitor. As used in this article, "child
visitation monitor" means a person who, for financial compensation,
acts as a monitor of a visit between a child and another person when
the monitoring of that visit has been ordered by a court of law.
(31) An animal control officer or humane society officer. For the
purposes of this article, the following terms have the following
meanings:
(A) "Animal control officer" means a person employed by a city,
county, or city and county for the purpose of enforcing animal
control laws or regulations.
(B) "Humane society officer" means a person appointed or employed
by a public or private entity as a humane officer who is qualified
pursuant to Section 14502 or 14503 of the Corporations Code.
(32) A clergy member, as specified in subdivision (d) of Section
11166. As used in this article, "clergy member" means a priest,
minister, rabbi, religious practitioner, or similar functionary of a
church, temple, or recognized denomination or organization.
(33) Any custodian of records of a clergy member, as specified in
this section and subdivision (d) of Section 11166.
(34) An employee of any police department, county sheriff's
department, county probation department, or county welfare
department.
(35) An employee or volunteer of a Court Appointed Special
Advocate program, as defined in Rule 5.655 of the California Rules of
Court.
(36) A custodial officer, as defined in Section 831.5.
(37) A person providing services to a minor child under Section
12300 or 12300.1 of the Welfare and Institutions Code.
(38) An alcohol and drug counselor. As used in this article, an
"alcohol and drug counselor" is a person providing counseling,
therapy, or other clinical services for a state licensed or certified
drug, alcohol, or drug and alcohol treatment program. However,
alcohol or drug abuse, or both alcohol and drug abuse, is not, in and
of itself, a sufficient basis for reporting child abuse or neglect.
(39) A clinical counselor trainee, as defined in subdivision (g)
of Section 4999.12 of the Business and Professions Code.
(40) A clinical counselor intern registered under Section 4999.42
of the Business and Professions Code.
(41) An employee or administrator of a public or private
postsecondary educational institution, whose duties bring the
administrator or employee into contact with children on a regular
basis, or who supervises those whose duties bring the administrator
or employee into 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.
Nothing in this paragraph shall be construed as altering the
lawyer-client privilege as set forth in Article 3 (commencing with
Section 950) of Chapter 4 of Division 8 of the Evidence Code.
(42) An athletic coach, athletic administrator, or athletic
director employed by any public or private school that provides any
combination of instruction for kindergarten, or grades 1 to 12,
inclusive.
(43) (A) A commercial computer technician as specified in
subdivision (e) of Section 11166. As used in this article,
"commercial computer technician" means a person who works for a
company that is in the business of repairing, installing, or
otherwise servicing a computer or computer component, including, but
not limited to, a computer part, device, memory storage or recording
mechanism, auxiliary storage recording or memory capacity, or any
other material relating to the operation and maintenance of a
computer or computer network system, for a fee. An employer who
provides an electronic communications service or a remote computing
service to the public shall be deemed to comply with this article if
that employer complies with Section 2258A of Title 18 of the United
States Code.
(B) An employer of a commercial computer technician may implement
internal procedures for facilitating reporting consistent with this
article. These procedures may direct employees who are mandated
reporters under this paragraph to report materials described in
subdivision (e) of Section 11166 to an employee who is designated by
the employer to receive the reports. An employee who is designated to
receive reports under this subparagraph shall be a commercial
computer technician for purposes of this article. A commercial
computer technician who makes a report to the designated employee
pursuant to this subparagraph shall be deemed to have complied with
the requirements of this article and shall be subject to the
protections afforded to mandated reporters, including, but not
limited to, those protections afforded by Section 11172.
(44) Any athletic coach, including, but not limited to, an
assistant coach or a graduate assistant involved in coaching, at
public or private postsecondary educational institutions.
(b) Except as provided in paragraph (35) of subdivision (a),
volunteers of public or private organizations whose duties require
direct contact with and supervision of children are not mandated
reporters but are encouraged to obtain training in the identification
and reporting of child abuse and neglect and are further encouraged
to report known or suspected instances of child abuse or neglect to
an agency specified in Section 11165.9.
(c) Except as provided in subdivision (d), employers are strongly
encouraged to provide their employees who are mandated reporters with
training in the duties imposed by this article. This training shall
include training in child abuse and neglect identification and
training in child abuse and neglect reporting. Whether or not
employers provide their employees with training in child abuse and
neglect identification and reporting, the employers shall provide
their employees who are mandated reporters with the statement
required pursuant to subdivision (a) of Section 11166.5.
(d) Pursuant to Section 44691 of the Education Code, school
districts, county offices of education, state special schools and
diagnostic centers operated by the State Department of Education, and
charter schools shall annually train their employees and persons
working on their behalf specified in subdivision (a) in the duties of
mandated reporters under the child abuse reporting laws. The
training shall include, but not necessarily be limited to, training
in child abuse and neglect identification and child abuse and neglect
reporting.
(e) Unless otherwise specifically provided, the absence of
training shall not excuse a mandated reporter from the duties imposed
by this article.
(f) Public and private organizations are encouraged to provide
their volunteers whose duties require direct contact with and
supervision of children with training in the identification and
reporting of child abuse and neglect.
SEC. 5. 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.
