BILL NUMBER: SB 478	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 1, 2015

INTRODUCED BY   Senator Huff
   (  Coauthor:   Assembly Member 
 Chang   Coauthors:   Assembly Members
  Chang   and Dababneh  )

                        FEBRUARY 26, 2015

   An act to add and repeal Section 11166.02 of the Penal Code, and
to add and repeal Section 10612.5 of the Welfare and Institutions
Code, relating to child abuse.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 478, as amended, Huff. Child Abuse and Neglect Reporting Act:
mandated reporters: pilot program.
   The Child Abuse and Neglect Reporting Act requires a mandated
reporter, as defined, to make a report to a specified agency whenever
the mandated reporter, in his or her professional capacity or within
the scope of his or her employment, has knowledge of or observes a
child whom the mandated reporter knows or reasonably suspects has
been the victim of child abuse or neglect. Existing law further
requires the mandated reporter to make an initial report by telephone
to the agency immediately or as soon as is practicably possible, and
to prepare and send, fax, or electronically transmit a written
followup report within 36 hours of receiving the information
concerning the incident.
   This bill, until January 1, 2021, would authorize certain county
welfare agencies to develop a pilot program for Internet-based
reporting of child abuse and neglect, as specified. The bill would
also require the State Department of Social Services to consult with
the County Welfare Directors Association  of California  and
the county welfare agencies of the individual counties to determine
which counties may be involved in the pilot program.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 11166.02 is added to the Penal Code, to read:
   11166.02.  (a) A county welfare agency, as determined in Section
10612.5 of the Welfare and Institutions Code, may develop a pilot
program for Internet-based reporting of child abuse and neglect. The
pilot program may  operate in a specific region to 
receive reports of suspected child abuse or neglect and shall meet
all of the following conditions:
   (1) The suspected child abuse or neglect does not indicate that
the child is subject to an immediate risk of abuse, neglect, or
exploitation or that the child is in imminent danger of severe harm
or death.
   (2) The agency provides an Internet form that includes qualifying
questions in order to obtain necessary information required to assess
the need for child welfare services and a response.
   (3) The mandated reporter is required to complete all required
fields, including identity and contact information of the mandated
reporter, in order to submit the report.
   (4) The mandated reporter is required to cooperate with any
requests by the agency for additional information, if needed, to
investigate the  report.   report, subject to
applicable confidentiality requirements. 
   (5) The system can only be used by mandated reporters who are any
of the following:
   (A) A peace officer, as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2.
   (B) A probation officer.
   (C) A school teacher, counselor, or administrator.
   (D) A physician and  surgeon, psychiatrist, psychologist,
licensed nurse, marriage and family therapist, or clinical social
worker licensed pursuant to Division 2 (commencing with Section 500)
of the Business and Professions Code.   surgeon, or
licensed nurse. 
   (E) A coroner.
   (b) In  an area   a county  where the
pilot program is active, a mandated reporter listed in paragraph (5)
of subdivision (a) may use the Internet-based reporting tool in lieu
of  or in addition to  the required initial
telephone report required by subdivision (a) of Section 11166.
   (c) This section shall remain in effect only until January 1,
2021, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2021, deletes or extends
that date.
  SEC. 2.  Section 10612.5 is added to the Welfare and Institutions
Code, to read:
   10612.5.  (a) The department shall consult with the County Welfare
Directors Association  of California  and any interested
county welfare agencies to determine which counties may be involved
in the pilot program established pursuant to Section 11166.02 of the
Penal Code.  The pilot program may operate in up to 10 counties.

   (b) This section shall remain in effect only until January 1,
2021, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2021, deletes or extends
that date.