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AB-177 Child abuse and neglect: reporting.(2017-2018)

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Date Published: 02/21/2017 09:00 PM
AB177:v98#DOCUMENT

Amended  IN  Assembly  February 21, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 177


Introduced by Assembly Member Chávez

January 18, 2017


An act to add Section 11174.2 to the Penal Code, 328.1 to the Welfare and Institutions Code, relating to child abuse and neglect.


LEGISLATIVE COUNSEL'S DIGEST


AB 177, as amended, Chávez. Child abuse and neglect: reporting.

Existing law, the Child Abuse Neglect and Reporting Act, designates certain persons mandated reporters and requires them to report suspected child abuse or neglect to certain specified agencies 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 establishes a statewide system of child welfare services, administered by the State Department of Social Services, with the intent that all children are entitled to be safe and free from abuse and neglect.

Existing law provides that whenever a social worker has cause to believe that there was or is within the county, or residing therein, a child who has suffered, or there is a substantial risk that the child will suffer, serious physical harm inflicted nonaccidentally upon the child by the child’s parent or guardian, or serious physical harm or illness, as a result of the failure or inability of his or her parent or guardian to adequately supervise or protect the child, or the willful or negligent failure of the child’s parent or guardian to adequately supervise or protect the child from the conduct of the custodian with whom the child has been left, or by the willful or negligent failure of the parent or guardian to provide the child with adequate food, clothing, shelter, or medical treatment, or by the inability of the parent or guardian to provide regular care for the child due to the parent’s or guardian’s mental illness, developmental disability, or substance abuse, the social worker shall immediately make any investigation he or she deems necessary to determine whether child welfare services should be offered to the family and whether proceedings in the juvenile court should be commenced.
This bill would require a child protective services agency social worker investigating a case of child abuse or neglect involving an allegation against the parent or guardian of the child to attempt to determine if the parent or guardian is a member of the military. The bill would provide that if it is determined that the parent or guardian is a member of the military, the child protective services agency social worker would be required to notify the Family Advocacy Program of the Department of Defense that there is an allegation of abuse or neglect that relates to the parent or guardian who is a member of the military. By imposing additional duties on local government entities, this bill would impose a state-mandated local program.

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 the statutory provisions noted above.

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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 328.1 is added to the Welfare and Institutions Code, to read:

328.1.
 A social worker investigating a case of child abuse or neglect involving an allegation against the parent or guardian of the child shall attempt, as soon as practicable, to determine if the parent or guardian is a member of the military. If it is determined that the parent or guardian is a member of the military, the social worker shall notify the Family Advocacy Program of the Department of Defense that there is an allegation of abuse or neglect that relates to the parent or guardian who is a member of the military.

SEC. 2.

 To the extent that this act has an overall effect of increasing certain costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIII B of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other 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.
SECTION 1.Section 11174.2 is added to the Penal Code, to read:
11174.2.

A child protective services agency investigating a case of child abuse or neglect involving an allegation against the parent or guardian of the child shall attempt, as soon as practicable, to determine if the parent or guardian is a member of the military. If it is determined that the parent or guardian is a member of the military, the child protective services agency shall notify the Family Advocacy Program of the Department of Defense that there is an allegation of abuse or neglect that relates to the parent or guardian who is a member of the military.

SEC. 2.

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.