Bill Text: CA AB1564 | 2011-2012 | Regular Session | Introduced
Bill Title: Child abuse reporting: mandated reporters: tax-exempt
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-03-27 - In committee: Hearing postponed by committee. [AB1564 Detail]
Download: California-2011-AB1564-Introduced.html
BILL NUMBER: AB 1564 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Lara
JANUARY 30, 2012
An act to amend Sections 11165.7 and 11166.5 of the Penal Code,
and to add Section 23701.1 to the Revenue and Taxation Code, relating
to child abuse reporting, and declaring the urgency thereof, to take
effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 1564, as introduced, Lara. Child abuse reporting: mandated
reporters: tax-exempt organizations.
(1) Existing law, the Child Abuse and Neglect Reporting Act,
requires a mandated reporter, as defined, 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 observed a child whom the
mandated reporter knows or reasonably suspects has been the victim of
child abuse or neglect. Failure to report an incident is a crime
punishable by imprisonment in a county jail for a period of 6 months,
a fine of up to $1,000, or by both that imprisonment and fine.
Existing law excludes volunteers of public or private organizations
whose duties require direct contact with and supervision of children
from the list of mandated reporters. Existing law also strongly
encourages employers to provide training in child abuse and neglect
identification and reporting to their employees who are mandated
reporters, and encourages public and private organizations to provide
their volunteers whose duties require direct contact with and
supervision of children with training in child abuse and neglect
identification and reporting.
This bill would include volunteers of public or private
organizations, including nonprofit organizations, whose duties
require direct contact with and supervision of children in the list
of individuals who are mandated reporters. The bill would also
require employers to provide training in child abuse and neglect
identification and reporting to their employees and volunteers who
are mandated reporters.
By imposing the reporting requirements on a new class of persons,
for whom failure to report specified conduct is a crime, this bill
would impose a state-mandated local program.
(2) The Corporation Tax Law exempts the income of organizations
that are organized and operated for specified nonprofit purposes from
state income taxes, as provided.
This bill would require, for taxable years beginning on and after
the date this bill is operative, the Franchise Tax Board to revoke
the exemption of an organization if a person who is a mandated
reporter in the scope of his or her duties in the organization has
been found guilty of a misdemeanor, as provided, with respect to
failure to report an incident of known or reasonably suspected child
sexual abuse, as defined, in the scope of his or her duties in the
organization. This bill would require the board to reinstate the
exemption if the organization provides notification that the guilty
verdict of the person has been overturned.
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 no reimbursement is required by this
act for a specified reason.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) Studies indicate that one in four girls and one in seven boys
will be the victim of some type of sexual abuse or assault before 18
years of age.
(b) Studies also indicate that child sexual abuse is 1.7 times
more common than childhood obesity and is 1.1 times more common than
the rates of teen pregnancy.
(c) In the wake of recent reports of sexual abuse cover-ups by
nonprofit organizations, immediate action is needed to deter
nonprofit organizations from concealing, fostering, or failing to
report abuse of children. Nonprofit organizations should be held
accountable for their actions and failures to act, and legislation is
needed to prevent additional lives from being damaged and to deter
nonprofit organizations from concealing reports of abuse.
SEC. 2. 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 any public
or private school.
(4) A classified employee of any public school.
(5) An administrative officer or supervisor of child welfare and
attendance, or a certificated pupil personnel employee of any 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) Any 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) Any person who is an administrator or presenter of, or a
counselor in, a child abuse prevention program in any 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) Any 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 any other person who performs
autopsies.
(29) A commercial film and photographic print processor, as
specified in subdivision (e) of Section 11166. As used in this
article, "commercial film and photographic print processor" means any
person who develops exposed photographic film into negatives,
slides, or prints, or who makes prints from negatives or slides, for
compensation. The term includes any employee of such a person; it
does not include a person who develops film or makes prints for a
public agency.
(30) A child visitation monitor. As used in this article, "child
visitation monitor" means any person who, for financial compensation,
acts as monitor of a visit between a child and any other 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 any 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 any 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) Any 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 1424
5.655 of the California Rules of Court.
(36) A custodial officer as defined in Section 831.5.
(37) Any 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.
(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.
(41) Volunteers of public or private organizations, including
nonprofit organizations, whose duties require direct contact with and
supervision of children.
(c)
(b) Employers are strongly encouraged to
shall provide their employees and
volunteers 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 The employers
shall provide their employees and volunteers who are
mandated reporters with the statement required pursuant to
subdivision (a) of Section 11166.5.
(d) School districts that do not train their employees specified
in subdivision (a) in the duties of mandated reporters under the
child abuse reporting laws shall report to the State Department of
Education the reasons why this training is not provided.
(e)
(c) 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. 3. Section 11166.5 of the Penal Code is amended to read:
11166.5. (a) (1) On and after January 1,
1985, any mandated reporter as specified in Section 11165.7, with the
exception of child visitation monitors, prior to commencing his or
her employment, and as a prerequisite to that employment, shall sign
a statement on a form provided to him or her by his or her employer
to the effect that he or she has knowledge of the provisions of
Section 11166 and will comply with those provisions. The statement
shall inform the employee that he or she is a mandated reporter and
inform the employee of his or her reporting obligations under Section
11166 and of his or her confidentiality rights under subdivision (d)
of Section 11167. The employer shall provide a copy of Sections
11165.7, 11166, and 11167 to the employee.
(2) On or after the date the act adding
this paragraph is operative, the employer shall also provide a copy
of Section 152.3 to any mandated reporter that is a current employee
and to any new mandated reporter prior to commencing his or her
employment.
On
(3) On and after January 1, 1993,
any person who acts as a child visitation monitor, as defined in
paragraph (30) of subdivision (a) of Section 11165.7, prior to
engaging in monitoring the first visit in a case, shall sign a
statement on a form provided to him or her by the court which ordered
the presence of that third person during the visit, to the effect
that he or she has knowledge of the provisions of Section 11166 and
will comply with those provisions.
The
(4) The signed statements shall
be retained by the employer or the court, as the case may be. The
cost of printing, distribution, and filing of these statements shall
be borne by the employer or the court.
This
(5) This subdivision is not
applicable to persons employed by public or private youth centers,
youth recreation programs, and youth organizations as members of the
support staff or maintenance staff and who do not work with, observe,
or have knowledge of children as part of their official duties.
(b) On and after January 1, 1986, when a person is issued a state
license or certificate to engage in a profession or occupation, the
members of which are required to make a report pursuant to Section
11166, the state agency issuing the license or certificate shall send
a statement substantially similar to the one contained in
subdivision (a) to the person at the same time as it transmits the
document indicating licensure or certification to the person. In
addition to the requirements contained in subdivision (a), the
statement also shall indicate that failure to comply with the
requirements of Section 11166 is a misdemeanor, punishable by up to
six months in a county jail, by a fine of one thousand dollars
($1,000), or by both that imprisonment and fine.
(c) As an alternative to the procedure required by subdivision
(b), a state agency may cause the required statement to be printed on
all application forms for a license or certificate printed on or
after January 1, 1986.
(d) On and after January 1, 1993, any child visitation monitor, as
defined in paragraph (30) of subdivision (a) of Section 11165.7, who
desires to act in that capacity shall have received training in the
duties imposed by this article, including training in child abuse
identification and child abuse reporting. The person, prior to
engaging in monitoring the first visit in a case, shall sign a
statement on a form provided to him or her by the court which ordered
the presence of that third person during the visit, to the effect
that he or she has received this training. This statement may be
included in the statement required by subdivision (a) or it may be a
separate statement. This statement shall be filed, along with the
statement required by subdivision (a), in the court file of the case
for which the visitation monitoring is being provided.
(e) Any person providing services to a minor child, as described
in paragraph (37) of subdivision (a) of Section 11165.7, shall not be
required to make a report pursuant to Section 11166 unless that
person has received training, or instructional materials in the
appropriate language, on the duties imposed by this article,
including identifying and reporting child abuse and neglect.
SEC. 4. Section 23701.1 is added to the Revenue and Taxation Code,
to read:
23701.1. (a) Notwithstanding any other law, for taxable years
beginning on or after the date the act adding this section is
operative, no exemption from taxes imposed under this part shall
apply to, and the Franchise Tax Board shall revoke the exemption from
taxes imposed under this part of, an organization that meets the
following conditions:
(1) Is organized and operated for nonprofit purposes within the
provisions of a specified section of this article.
(2) An administrator, employee, volunteer, or other person of the
organization is a mandated reporter, as defined under Section 11165.7
of the Penal Code, in the scope of his or her duties in the
organization, and that person has been found guilty of a misdemeanor
on or after the date the act adding this section is operative, under
subdivision (c) of Section 11166 of the Penal Code, for a failure to
report an incident of known or reasonably suspected child sexual
abuse in the scope of his or her duties in the organization, as
defined under 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).
(b) The board shall reinstate the exemption if the organization
provides notification that a guilty verdict of the person as
described in paragraph (2) of subdivision (a) has been overturned and
the organization otherwise meets all the other requirements of this
chapter.
SEC. 5. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
SEC. 6. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to protect victims of child abuse and to deter nonprofit
organizations from concealing reports of child abuse at the earliest
possible date, it is necessary that this act take effect immediately.
