BILL NUMBER: SB 1745 CHAPTERED
BILL TEXT
CHAPTER 187
FILED WITH SECRETARY OF STATE JULY 15, 2002
APPROVED BY GOVERNOR JULY 13, 2002
PASSED THE ASSEMBLY JUNE 27, 2002
PASSED THE SENATE MAY 28, 2002
AMENDED IN SENATE MAY 24, 2002
AMENDED IN SENATE APRIL 30, 2002
INTRODUCED BY Senator Polanco
FEBRUARY 21, 2002
An act to amend Section 11167.5 of, and to add Section 13732 to,
the Penal Code, relating to domestic violence.
LEGISLATIVE COUNSEL'S DIGEST
SB 1745, Polanco. Domestic violence reporting.
Existing law provides that mandated written and telephoned reports
of known or suspected child abuse by health practitioners and other
specified professionals shall be confidential, and that violations of
this confidentiality shall be punishable as misdemeanors, as
specified. Existing law also provides, however, that authorized
persons within county health departments shall be permitted to
receive copies of reports made by specified health practitioners
pursuant to provisions of law requiring reports of maternal substance
abuse and copies of needs assessments prepared by health
practitioners related to pregnant and postpartum substance abusing
women.
This bill would make a nonsubstantive, technical correction to
existing law authorizing persons within county health departments to
receive copies of the aforementioned reports and assessments made by
specified health professionals regarding maternal substance abuse.
Existing law requires law enforcement agencies to prepare reports
regarding calls for assistance that are related to domestic violence.
This bill would state the Legislature's findings and declarations
with respect to the relationship between domestic violence and the
abuse and neglect of children. This bill would require child
protective services, law enforcement agencies, and others to develop
protocols in collaboration with one another, as specified, as to how
law enforcement and child welfare agencies will cooperate in their
response to a domestic violence related incident in a home in which a
child resides.
This bill would declare that it is the intent of the Legislature
that this bill would reduce duplication, overlap, and local costs.
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 the Legislature finds there is no
mandate contained in the bill that will result in costs incurred by a
local agency or school district for a new program or higher level of
service which require reimbursement pursuant to these constitutional
and statutory provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares as follows:
(a) Public agencies have a responsibility to provide services and
support to children who are at risk of abuse and neglect.
(b) Children who reside in homes where there is domestic violence
face a heightened risk of abuse and neglect.
(c) Serious abuse and neglect can be prevented with early
intervention and the provision of supportive services to families
that face a risk of domestic violence.
(d) More costly and traumatic outcomes such as foster care
placement and family separation can be prevented with early detection
and cross-referencing among agencies interacting with families that
face a risk of domestic violence.
SEC. 2. Section 11167.5 of the Penal Code is amended to read:
11167.5. (a) The reports required by Sections 11166 and 11166.2
shall be confidential and may be disclosed only as provided in
subdivision (b). Any violation of the confidentiality provided by
this article is a misdemeanor punishable by imprisonment in a county
jail not to exceed six months, by a fine of five hundred dollars
($500), or by both that imprisonment and fine.
(b) Reports of suspected child abuse or neglect and information
contained therein may be disclosed only to the following:
(1) Persons or agencies to whom disclosure of the identity of the
reporting party is permitted under Section 11167.
(2) Persons or agencies to whom disclosure of information is
permitted under subdivision (b) of Section 11170.
(3) Persons or agencies with whom investigations of child abuse or
neglect are coordinated under the regulations promulgated under
Section 11174.
(4) Multidisciplinary personnel teams as defined in subdivision
(d) of Section 18951 of the Welfare and Institutions Code.
(5) Persons or agencies responsible for the licensing of
facilities which care for children, as specified in Section 11165.7.
(6) The State Department of Social Services or any county
licensing agency which has contracted with the state, as specified in
paragraph (3) of subdivision (b) of Section 11170, when an
individual has applied for a community care license or child day care
license, or for employment in an out-of-home care facility, or when
a complaint alleges child abuse or neglect by an operator or employee
of an out-of-home care facility.
(7) Hospital scan teams. As used in this paragraph, "hospital
scan team" means a team of three or more persons established by a
hospital, or two or more hospitals in the same county, consisting of
health care professionals and representatives of law enforcement and
child protective services, the members of which are engaged in the
identification of child abuse or neglect. The disclosure authorized
by this section includes disclosure among all hospital scan teams.
(8) Coroners and medical examiners when conducting a postmortem
examination of a child.
(9) The Board of Prison Terms, who may subpoena an employee of a
county welfare department who can provide relevant evidence and
reports that both (A) are not unfounded, pursuant to Section
11165.12, and (B) concern only the current incidents upon which
parole revocation proceedings are pending against a parolee charged
with child abuse or neglect. The reports and information shall be
confidential pursuant to subdivision (d) of Section 11167.
(10) Personnel from an agency responsible for making a placement
of a child pursuant to Section 361.3 of, and Article 7 (commencing
with Section 305) of Chapter 2 of Part 1 of Division 2 of, the
Welfare and Institutions Code.
(11) Persons who have been identified by the Department of Justice
as listed in the Child Abuse Central Index pursuant to subdivision
(c) of Section 11170. Nothing in this paragraph shall preclude a
submitting agency prior to disclosure from redacting the name,
address, and telephone number of a witness, person who reports under
this article, or victim in order to maintain confidentiality as
required by law.
(12) Out-of-state law enforcement agencies conducting an
investigation of child abuse or neglect only when an agency makes the
request for reports of suspected child abuse or neglect in writing
and on official letterhead, identifying the suspected abuser or
victim by name. The request shall be signed by the department
supervisor of the requesting law enforcement agency. The written
request shall cite the out-of-state statute or interstate compact
provision that requires that the information contained within these
reports is to be disclosed only to law enforcement, prosecutorial
entities, or multidisciplinary investigative teams, and shall cite
the criminal penalties for unlawful disclosure provided by the
requesting state or the applicable interstate compact provision. In
the absence of both (A) a specific out-of-state statute or interstate
compact provision that requires that the information contained
within these reports be disclosed only to law enforcement,
prosecutorial entities, or multidisciplinary investigative teams, and
(B) criminal penalties equivalent to the penalties in California for
unlawful disclosure, access shall be denied.
(13) Persons who have verified with the Department of Justice that
they are listed in the Child Abuse Central Index as provided by
subdivision (e) of Section 11170. Disclosure under this section
shall be subject to the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1 of the
Government Code). Nothing in this section prohibits a submitting
agency prior to disclosure from redacting the name, address, and
telephone number of a witness, person who reports under this article,
or victim to maintain confidentiality as required by law.
(14) Each chairperson of a county child death review team, or his
or her designee, to whom disclosure of information is permitted under
this article, relating to the death of one or more children and any
prior child abuse or neglect investigation reports maintained
involving the same victim, siblings, or suspects. Local child death
review teams may share any relevant information regarding case
reviews involving child death with other child death review teams.
(c) Authorized persons within county health departments shall be
permitted to receive copies of any reports made by health
practitioners, as defined in paragraphs (21) to (28), inclusive, of
subdivision (a) of Section 11165.7, and pursuant to Section 11165.13,
and copies of assessments completed pursuant to Sections 123600 and
123605 of the Health and Safety Code, to the extent permitted by
federal law. Any information received pursuant to this subdivision
is protected by subdivision (e).
(d) Nothing in this section requires the Department of Justice to
disclose information contained in records maintained under Section
11169 or under the regulations promulgated pursuant to Section 11174,
except as otherwise provided in this article.
(e) This section shall not be interpreted to allow disclosure of
any reports or records relevant to the reports of child abuse or
neglect if the disclosure would be prohibited by any other provisions
of state or federal law applicable to the reports or records
relevant to the reports of child abuse or neglect.
SEC. 3. Section 13732 is added to the Penal Code, to read:
13732. (a) The Legislature finds and declares that a substantial
body of research demonstrates a strong connection between domestic
violence and child abuse. However, despite this connection, child
abuse and domestic violence services and agencies often fail to
coordinate appropriately at the local level. It is the intent of the
Legislature in enacting this section to improve preventative and
supportive services to families experiencing violence in order to
prevent further abuse of children and the victims of domestic
violence. It is the further intent of this section that child
protective services agencies develop a protocol which clearly sets
forth the criteria for a child protective services response to a
domestic violence related incident in a home in which a child
resides.
(b) Commencing January 1, 2003, child protective services
agencies, law enforcement, prosecution, child abuse and domestic
violence experts, and community-based organizations serving abused
children and victims of domestic violence shall develop, in
collaboration with one another, protocols as to how law enforcement
and child welfare agencies will cooperate in their response to
incidents of domestic violence in homes in which a child resides.
The requirements of this section shall not apply to counties where
protocols consistent with this section already have been developed.
SEC. 4. It is the intent of the Legislature that this act provide
for consistent coordination of current activities among agencies
responsible for domestic violence and child abuse throughout the
state, thereby reducing duplication, overlap, and local costs as well
as providing improved protection for families experiencing violence.
SEC. 5. Pursuant to Section 17579 of the Government Code, the
Legislature finds that there is no mandate contained in this act that
will result in costs incurred by a local agency or school district
for a new program or higher level of service which require
reimbursement pursuant to Section 6 of Article XIII B of the
California Constitution and Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.