Bill Text: CA SB1522 | 2011-2012 | Regular Session | Chaptered
Bill Title: Developmental centers: reporting requirements.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2012-09-27 - Chaptered by Secretary of State. Chapter 666, Statutes of 2012. [SB1522 Detail]
Download: California-2011-SB1522-Chaptered.html
BILL NUMBER: SB 1522 CHAPTERED
BILL TEXT
CHAPTER 666
FILED WITH SECRETARY OF STATE SEPTEMBER 27, 2012
APPROVED BY GOVERNOR SEPTEMBER 27, 2012
PASSED THE SENATE AUGUST 30, 2012
PASSED THE ASSEMBLY AUGUST 27, 2012
AMENDED IN ASSEMBLY AUGUST 22, 2012
AMENDED IN ASSEMBLY JUNE 18, 2012
AMENDED IN SENATE APRIL 26, 2012
AMENDED IN SENATE APRIL 17, 2012
AMENDED IN SENATE APRIL 9, 2012
INTRODUCED BY Senator Leno
FEBRUARY 24, 2012
An act to amend Section 4427.5 of the Welfare and Institutions
Code, relating to developmental services, and declaring the urgency
thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 1522, Leno. Developmental centers: reporting requirements.
Existing law vests in the State Department of Developmental
Services jurisdiction over state hospitals referred to as
developmental centers for the provision of residential care to
persons with developmental disabilities. Existing law requires a
developmental center to immediately report all resident deaths and
serious injuries of unknown origin to the appropriate local law
enforcement agency. Existing law establishes the Office of Protective
Services within the State Department of Developmental Services.
This bill would instead require a developmental center to
immediately report a death, a sexual assault, an assault with a
deadly weapon by a nonresident of the developmental center, an
assault with force likely to produce great bodily injury, an injury
to the genitals when the cause of injury is undetermined, or a broken
bone when the cause of the break is undetermined, to the local law
enforcement agency having jurisdiction over the city or county in
which the developmental center is located, regardless of whether the
Office of Protective Services has investigated the facts and
circumstances relating to the incident. The bill would require the
developmental center to submit a written report of the incident to
the local law enforcement agency within 2 working days of any
telephone report to that agency.
This bill would incorporate additional changes in Section 4427.5
of the Welfare and Institutions Code, proposed by SB 1051, to be
operative only if SB 1051 and this bill are both chaptered and become
effective on or before January 1, 2013, and this bill is chaptered
last.
This bill would declare that it is to take effect immediately as
an urgency statute.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4427.5 of the Welfare and Institutions Code is
amended to read:
4427.5. (a) (1) A developmental center shall immediately report
the following incidents involving a resident to the local law
enforcement agency having jurisdiction over the city or county in
which the developmental center is located, regardless of whether the
Office of Protective Services has investigated the facts and
circumstances relating to the incident:
(A) A death.
(B) A sexual assault, as defined in Section 15610.63.
(C) An assault with a deadly weapon, as described in Section 245
of the Penal Code, by a nonresident of the developmental center.
(D) An assault with force likely to produce great bodily injury,
as described in Section 245 of the Penal Code.
(E) An injury to the genitals when the cause of the injury is
undetermined.
(F) A broken bone, when the cause of the break is undetermined.
(2) If the incident is reported to the law enforcement agency by
telephone, a written report of the incident shall also be submitted
to the agency, within two working days.
(3) The reporting requirements of this subdivision are in addition
to, and do not substitute for, the reporting requirements of
mandated reporters, and any other reporting and investigative duties
of the developmental center and the department as required by law.
(4) Nothing in this subdivision shall be interpreted to prevent
the developmental center from reporting any other criminal act
constituting a danger to the health or safety of the residents of the
developmental center to the local law enforcement agency.
(b) The department shall do both of the following:
(1) Annually provide written information to every developmental
center employee regarding all of the following:
(A) The statutory and departmental requirements for mandatory
reporting of suspected or known abuse.
(B) The rights and protections afforded to individuals' reporting
of suspected or known abuse.
(C) The penalties for failure to report suspected or known abuse.
(D) The telephone numbers for reporting suspected or known abuse
or neglect to designated investigators of the department and to local
law enforcement agencies.
(2) On or before August 1, 2001, in consultation with employee
organizations, advocates, consumers, and family members, develop a
poster that encourages staff, residents, and visitors to report
suspected or known abuse and provides information on how to make
these reports.
SEC. 1.5. Section 4427.5 of the Welfare and Institutions Code is
amended to read:
4427.5. (a) (1) A developmental center shall immediately report
the following incidents involving a resident to the local law
enforcement agency having jurisdiction over the city or county in
which the developmental center is located, regardless of whether the
Office of Protective Services has investigated the facts and
circumstances relating to the incident:
(A) A death.
(B) A sexual assault, as defined in Section 15610.63.
(C) An assault with a deadly weapon, as described in Section 245
of the Penal Code, by a nonresident of the developmental center.
(D) An assault with force likely to produce great bodily injury,
as described in Section 245 of the Penal Code.
(E) An injury to the genitals when the cause of the injury is
undetermined.
(F) A broken bone, when the cause of the break is undetermined.
(2) If the incident is reported to the law enforcement agency by
telephone, a written report of the incident shall also be submitted
to the agency, within two working days.
(3) The reporting requirements of this subdivision are in addition
to, and do not substitute for, the reporting requirements of
mandated reporters, and any other reporting and investigative duties
of the developmental center and the department as required by law.
(4) Nothing in this subdivision shall be interpreted to prevent
the developmental center from reporting any other criminal act
constituting a danger to the health or safety of the residents of the
developmental center to the local law enforcement agency.
(b) (1) The department shall report to the agency described in
subdivision (i) of Section 4900 any of the following incidents
involving a resident of a developmental center:
(A) Any unexpected or suspicious death, regardless of whether the
cause is immediately known.
(B) Any allegation of sexual assault, as defined in Section
15610.63, in which the alleged perpetrator is a developmental center
or department employee or contractor.
(C) Any report made to the local law enforcement agency in the
jurisdiction in which the facility is located that involves physical
abuse, as defined in Section 15610.63, in which a staff member is
implicated.
(2) A report pursuant to this subdivision shall be made no later
than the close of the first business day following the discovery of
the reportable incident.
(c) The department shall do both of the following:
(1) Annually provide written information to every developmental
center employee regarding all of the following:
(A) The statutory and departmental requirements for mandatory
reporting of suspected or known abuse.
(B) The rights and protections afforded to individuals' reporting
of suspected or known abuse.
(C) The penalties for failure to report suspected or known abuse.
(D) The telephone numbers for reporting suspected or known abuse
or neglect to designated investigators of the department and to local
law enforcement agencies.
(2) On or before August 1, 2001, in consultation with employee
organizations, advocates, consumers, and family members, develop a
poster that encourages staff, residents, and visitors to report
suspected or known abuse and provides information on how to make
these reports.
SEC. 2. Section 1.5 of this bill incorporates amendments to
Section 4427.5 of the Welfare and Institutions Code proposed by this
bill and Senate Bill 1051. It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2013,
(2) each bill amends Section 4427.5 of the Welfare and Institutions
Code, and (3) this bill is enacted after Senate Bill 1051, in which
case Section 4427.5 of the Welfare and Institutions Code, as amended
by Senate Bill 1051, shall remain operative only until the operative
date of this bill, at which time Section 1.5 of this bill shall
become operative, and Section 1 of this bill shall not become
operative.
SEC. 3. 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 ensure that the applicable investigative structure
adequately protects residents of developmental centers and other
vulnerable persons from harm at the earliest possible time, it is
necessary for this act to take effect immediately.
