Bill Text: CA SB1126 | 2023-2024 | Regular Session | Introduced

California Senate Bill 1126

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Child abuse and neglect.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-05-23 - Ordered to inactive file on request of Senator Min. [SB1126 Detail]

Download: California-2023-SB1126-Introduced.html

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 1126

Introduced by Senator Min

February 13, 2024

An act to amend Section 11165.6 of the Penal Code, relating to child abuse and neglect.

LEGISLATIVE COUNSEL'S DIGEST

SB 1126, as introduced, Min. Child abuse and neglect.

Existing law defines “child abuse or neglect” for the purposes of the Child Abuse and Neglect Reporting Act to include, among other things, physical injury or death inflicted by other than accidental means and the willful harming or injuring of a child.

This bill would provide that a child witnessing domestic violence is not a sufficient basis for reporting child abuse or neglect, as specified. The bill would also provide that the definition of child abuse or neglect does not apply to how a child witnessing domestic violence or residing in a household where domestic violence exists may be relevant to, among other things, a determination of child custody or visitation.

Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO

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

SECTION 1.

The Legislature finds and declares all of the following:

(a) When a mandatory reporter is required to report a child’s exposure to domestic violence, far too often non-violent, protective parents are charged with neglect, which discourages non-violent parents from seeking services and support. Paradoxically, abuse survivors are treated as culpable as the abusive parent and can lose custody of their children at the point when they seek help escaping violence. The abusive parent is often aware of this false equivalency and threatens reporting or makes bad-faith reports.

(b) The mandatory reporting to child welfare of abused parents has increased unnecessary state intrusion and the needless removal of children from their non-abusive parent, even as studies show that experiencing abuse does not compromise an abuse survivor’s ability to parent.

(c) Children are frequently removed from the non-abusive parent and placed in foster care, although the harms of separation from a non-abusive parent are well established.

(d) “Failure to protect” laws operate contrary to research findings, which show that the best ways to keep a child who has been exposed to domestic violence safe are to help the non-offending parent be safe and to support the abused parent’s ability to engage in a nurturing relationship with the child. Indeed, the child’s continued relationship with the abused parent is the most critical resiliency factor and predictor of lifetime positive outcomes for a child who has witnessed domestic violence.

(e) Mandatory reporting also disproportionately surveils and investigates low-income Black, Latino, and indigenous families. One in three children nationwide, and half of Black children, experience a child welfare investigation during childhood. The racial discrimination of the child welfare system reflects prevalence and vectors of inequality, produces mass insecurity in neighborhoods of color, and results in racialized family separations.

(f) This section is not meant to apply to how a child witnessing abuse or neglect or residing in a home where domestic violence occurs might be relevant to a determination of custody or visitation or the issuance of a domestic violence restraining order under the Family Code.

SEC. 2.

Section 11165.6 of the Penal Code is amended to read:

11165.6.

(a) (1) As used in this article, the term “child abuse or neglect” includes physical injury or death inflicted upon a child by another person by other than accidental ~~means upon a child by another person, sexual abuse~~ means, sexual abuse, as defined in Section 11165.1, ~~neglect~~ neglect, as defined in Section 11165.2, the willful harming or injuring of a child or the endangering of the person or health of a child, as defined in Section 11165.3, and unlawful corporal punishment or ~~injury~~ injury, as defined in Section 11165.4. ~~“Child~~

(2) “Child abuse or neglect” does not include a mutual affray between minors. ~~“Child~~

(3) “Child abuse or neglect” does not include an injury caused by reasonable and necessary force used by a peace officer acting within the course and scope of ~~his or her~~ their employment as a peace officer.

(b) A child witnessing domestic violence is not a sufficient basis for reporting child abuse or neglect for purposes of this section.
(c) This section does not apply to how a child witnessing domestic violence or residing in a household where domestic violence exists may be relevant to a determination of custody or visitation or the issuance of a domestic violence restraining order under the Family Code.