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AB-506 Youth service organizations: child abuse and neglect prevention.(2021-2022)

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Date Published: 06/28/2021 10:00 AM
AB506:v95#DOCUMENT

Amended  IN  Senate  June 28, 2021
Amended  IN  Senate  June 15, 2021
Amended  IN  Assembly  April 29, 2021
Amended  IN  Assembly  April 07, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 506


Introduced by Assembly Member Lorena Gonzalez

February 09, 2021


An act to add Chapter 2.9 (commencing with Section 18975) to Division 8 of the Business and Professions Code, and to amend Section 11165.7 of the Penal Code, relating to youth service organizations.


LEGISLATIVE COUNSEL'S DIGEST


AB 506, as amended, Lorena Gonzalez. Youth service organizations: mandated reporters. child abuse and neglect prevention.

Existing law requires a mandated reporter to report whenever they, in their professional capacity or within the scope of their employment, have knowledge of or observed a child who the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. Failure by a mandated reporter to report an incident of known or reasonably suspected child abuse or neglect is a misdemeanor punishable by up to 6 months of confinement in a county jail, by a fine of $1,000, or by both that imprisonment and fine. Existing law includes an administrator or employee of a public or private youth center, youth recreation program, or youth organization as a mandated reporter.

This bill would add to the list of individuals who are mandated reporters a volunteer of a public or private youth center, youth recreation program, or youth organization who is 18 years of age or older and who has direct contact with, or supervision of, children for more than 16 hours per month or 32 hours per year. By imposing the reporting requirements on a new class of persons, for whom failure to report specified conduct is a crime, the bill would impose a state-mandated local program.

Existing law generally provides requirements for the licensing of business establishments. Existing law requires a business that provides services to minors, as defined, to provide written notice to the parent or guardian of a youth participating in the service offered by the business regarding the business’s policies relating to criminal background checks for employees who provide services to minors, as specified. Existing law generally regulates classes of insurance, including liability insurance.
This bill would require an administrator, employee, or volunteer regular volunteer, as defined, of a youth service organization, as defined, to complete child abuse and neglect reporting training, as specified. The bill would require an administrator, employee, or regular volunteer of a youth service organization who is a mandated reporter, as specified, to undergo a background screening. check, as specified. The bill would require a youth service organization to develop and implement child abuse prevention policies and procedures that, among other things, ensure the reporting of suspected incidents of child abuse to persons or entities outside of the organization.
This bill would authorize an insurer to request information demonstrating compliance with these provisions from a youth service organization before writing liability insurance for a youth service organization.

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 no reimbursement is required by this act for a specified reason.

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

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


SECTION 1.

 Chapter 2.9 (commencing with Section 18975) is added to Division 8 of the Business and Professions Code, to read:
CHAPTER  2.9. Youth Service Organizations

18975.
 (a) An administrator, employee, or regular volunteer of a youth service organization who is a mandated reporter, as defined in Section 11165.7 of the Penal Code, shall complete training in the duties imposed by Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code. This training shall include shall complete training in child abuse and neglect identification and training in child abuse and neglect reporting. The training requirement may be met by completing the online mandated reporter training provided by the Office of Child Abuse Prevention in the State Department of Social Services.
(b) An administrator, employee, or regular volunteer of a youth service organization who is a mandated reporter pursuant to Section 11165.7 of the Penal Code shall undergo a background screening check pursuant to Section 11105.3 of the Penal Code to identify and exclude any persons with a history of child abuse.
(c) A youth service organization shall develop and implement child abuse prevention policies and procedures, including, but not limited to, both of the following:
(1) Policies to ensure the reporting of suspected incidents of child abuse to persons or entities outside of the organization, including the reporting required pursuant to Section 11165.9 of the Penal Code.
(2) Policies requiring, to the greatest extent possible, the presence of at least two mandated reporters whenever administrators, employees, or volunteers are in contact with, or supervising, children.
(d) Before writing liability insurance for a youth service organization in this state, an insurer may request information demonstrating compliance with this section from the youth service organization as a part of the insurer’s loss control program.
(e) For purposes of this section, “youth service organization” means an organization that employs or utilizes the services of persons who, due to their relationship with the organization, are mandated reporters pursuant to paragraph (7) of subdivision (a) of Section 11165.7 of the Penal Code. section:
(1) “Regular volunteer” means a volunteer with the youth service organization who is 18 years of age or older and who has direct contact with, or supervision of, children for more than 16 hours per month or 32 hours per year.
(2) “Youth service organization” means an organization that employs or utilizes the services of persons who, due to their relationship with the organization, are mandated reporters pursuant to paragraph (7) of subdivision (a) of Section 11165.7 of the Penal Code.