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AB-2786 Child abuse or neglect detection training.(2017-2018)

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Date Published: 04/10/2018 09:00 PM
AB2786:v98#DOCUMENT

Amended  IN  Assembly  April 10, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2786


Introduced by Assembly Member Chau

February 16, 2018


An act to add Section 1708.3 to the Civil Code, Chapter 12.3 (commencing with Section 18979.30) to Part 6 of Division 9 of the Welfare and Institutions Code, relating to child sexual abuse prevention.


LEGISLATIVE COUNSEL'S DIGEST


AB 2786, as amended, Chau. Child sexual abuse prevention plans. Child abuse or neglect detection training.
The Child Abuse and Neglect Reporting Act requires a mandated reporter, as defined, to make a report to a specified agency 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. Under existing law, failure to make this report is a crime.
Existing law creates the Office of Child Abuse Prevention within the State Department of Social Services. Existing law requires the State Department of Education, in consultation with the office, to develop and disseminate information to specified school entities and school personnel regarding the detection and reporting of child abuse. Existing law also requires the State Department of Education, in consultation with the office, to provide statewide guidance on the responsibilities of mandated reporters who are school personnel, including information on the identification of child abuse and neglect and reporting requirements for child abuse and neglect, in accordance with the Child Abuse and Neglect Reporting Act.
This bill would require the office to develop an appropriate online training module, as specified, to instruct public or private organizations serving youth in the detection of child abuse or neglect, as defined, and the proper action a mandated reporter is required to take in suspected cases of child abuse or neglect, in accordance with the Child Abuse and Neglect Reporting Act. The bill would require specified employees of a public or private organization serving youth to use the online training module and complete the training upon the start of employment and annually thereafter. The bill would also require specified volunteers of a public or private organization serving youth to use the online training module and complete the training upon the start of every tenure of volunteer service, and annually thereafter if the service extends for a time period greater than one year. The bill would require a public or private organization serving youth to retain proof that an employee or volunteer completed this training for at least 20 years after the date of completion and would make a public or private entity that fails to comply with these requirements liable for a civil penalty of $500 for a first violation and $1,000 for each subsequent violation. The bill would authorize the Attorney General, a district attorney, or a county counsel authorized by agreement with the district attorney to bring an action to impose this civil penalty.

Existing law provides that every person is bound, without contract, to abstain from injuring the person or property of another, or infringing upon any of his or her rights. Existing law also proscribes various crimes against children, including sexual abuse.

This bill would, if a public entity or a private entity, as defined, provides goods or services to members of the public, and the entity provides those goods or services primarily to, or primarily for the enjoyment or benefit of, minors, require the entity to adopt and implement a child sexual abuse prevention plan and would make that entity ineligible to receive state funds until the entity has complied with that requirement. The bill would make a public or private entity that fails to comply with these requirements liable for a civil penalty of $500 for a first offense and $1,000 for each subsequent offense. The bill would authorize the Attorney General, a district attorney, or a county counsel authorized by agreement with the district attorney to bring an action to impose a civil penalty against a public or private entity if a local or state agency with authority to regulate that public or private entity has satisfied specified requirements.

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

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


SECTION 1.

 Chapter 12.3 (commencing with Section 18979.30) is added to Part 6 of Division 9 of the Welfare and Institutions Code, to read:
CHAPTER  12.3. Child Abuse or Neglect Detection Training

18979.30.
 (a) The Office of Child Abuse Prevention in the State Department of Social Services shall develop an appropriate online training module to instruct public or private organizations serving youth in the detection of child abuse or neglect, as defined in Section 11165.6 of the Penal Code, and the proper action a mandated reporter is required to take in suspected cases of child abuse or neglect, in accordance with the Child Abuse and Neglect Reporting Act (Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code). This training module shall include both of the following:
(1) Information regarding the detection and reporting of child abuse or neglect, including child sexual abuse.
(2) Statewide guidance on the responsibilities of mandated reporters who are affiliated with public or private organizations serving youth, including, but not limited to, both of the following:
(A) Information on the identification of child abuse or neglect.
(B) Reporting requirements for child abuse or neglect.
(b) Information, guidance, and training modules developed pursuant to Section 44691 of the Education Code that satisfy the requirements of this section may be utilized in lieu of the development of additional information, guidance, and training modules.

18979.31.
 An employee or volunteer for a public or private organization serving youth who works or volunteers in a position identified as a mandated reporter pursuant to paragraph (6), (7), (42), or (44) of subdivision (a) of Section 11165.7 of the Penal Code shall use the online training module developed pursuant to, and complete the training required by, Section 18979.30, as follows:
(a) For volunteers, upon the start of every tenure of volunteer service, and annually thereafter if the service extends for a time period greater than one year.
(b) For employees, upon the start of employment and annually thereafter.

18979.32.
 A public or private organization serving youth shall retain proof that an employee or volunteer completed the training required by Section 18979.30 for at least 20 years after the date of completion.

18979.33.
 A public or private organization serving youth that fails to comply with Section 18979.31 or 18979.32 is liable for a civil penalty of five hundred dollars ($500) for a first violation and one thousand dollars ($1,000) for each subsequent violation. The Attorney General, a district attorney, or a county counsel authorized by agreement with the district attorney may bring a civil action in a court of competent jurisdiction to impose a civil penalty pursuant to this section.

18979.34.
 This chapter does not apply to any entity identified in subdivision (b) of Section 44691 of the Education Code.

SECTION 1.Section 1708.3 is added to the Civil Code, to read:
1708.3.

(a)Notwithstanding any other law, if a public entity or a private entity provides goods or services to members of the public, and the entity provides those goods or services primarily to, or primarily for the enjoyment or benefit of, minors, the entity shall adopt and implement a child sexual abuse prevention plan.

(b)(1)A public or private entity described in subdivision (a) is not eligible to receive state funds until the entity has complied with subdivision (a).

(2)A public or private entity that fails to comply with subdivision (a) is liable for a civil penalty of five hundred dollars ($500) for a first offense and one thousand dollars ($1,000) for each subsequent offense. The Attorney General, a district attorney, or a county counsel authorized by agreement with the district attorney may bring a civil action in a court of competent jurisdiction to impose a civil penalty pursuant to this subdivision against a public or private entity if a local or state agency with authority to regulate that public or private entity has satisfied both of the following:

(A)Provided to the public or private entity reasonable notice of noncompliance, informing the entity that it is subject to a civil penalty if it does not correct the violation within 30 days from the date the notice is sent to the public or private entity.

(B)Verified that the violation was not corrected within the 30-day period described in subparagraph (A).

(c)For purposes of this section, “public entity” means the state, county, city, special district, or other political subdivision therein.