Bill Text: CA AB758 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Child abuse and neglect: reports.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2014-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB758 Detail]

Download: California-2013-AB758-Introduced.html
BILL NUMBER: AB 758	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Members Frazier and Perea

                        FEBRUARY 21, 2013

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



	LEGISLATIVE COUNSEL'S DIGEST


   AB 758, as introduced, Frazier. Child abuse and neglect: reports.
   (1) Existing 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 upon request specified records, 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.
   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.
   (2) Existing 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 require, commencing January 1, 2014, this report
to include additional information provided to the department pursuant
to the above-described reports prepared by county child welfare
agencies.
   (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.
   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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  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  as 
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.
               
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