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SB-47 Child abuse or neglect reports.(2023-2024)

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Date Published: 04/10/2023 09:00 PM
SB47:v98#DOCUMENT

Amended  IN  Senate  April 10, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 47

Introduced by Senator Roth
(Coauthor: Assembly Member Cervantes)

December 05, 2022

An act to add Section 11165.10 to the Penal Code, amend Section 16504 of the Welfare and Institutions Code, relating to child abuse or neglect.


LEGISLATIVE COUNSEL'S DIGEST


SB 47, as amended, Roth. Child abuse or neglect reports.
Existing law, the Child Abuse and Neglect Reporting Act, requires a mandated reporter to report whenever they know or reasonably suspect that a child has been the victim of child abuse or neglect. Existing law also authorizes any other person to report known or suspected child abuse or neglect. Under existing law, reports of suspected child abuse or neglect are made to any police department, sheriff’s department, county probation department, if designated by the county to receive mandated reports, or county welfare department.
This bill would require an agency that receives a report of known or suspected child abuse to take specified actions, including requiring an investigator to make contact with the person who made the report and visit the child, who is the subject of the report, in person to determine if the child should be removed from the home during the pendency of an investigation into a report of child abuse or neglect. require a county child welfare services department that receives a report of a child being endangered by abuse, neglect, or exploitation in which the alleged perpetrator is a person responsible for the child, as specified, to evaluate the report immediately and if the report contains sufficient information to warrant an investigation, require the department to make its best effort to commence an investigation of an allegation of imminent risk of physical harm to the child within 2 hours, but no later than 72 hours after receiving any report. The bill would require the department to conduct an in-home visit no later than 72 hours after receiving the report to determine if the child needs to be removed from the home during the pendency of the investigation, and would require the investigation to be completed within 30 business days of the initial report. By imposing additional duties on local agencies investigating reports of child abuse or neglect, 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 no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.Section 11165.10 is added to the Penal Code, to read:
11165.10.

An agency specified in Section 11165.9 that receives a report of suspected child abuse or neglect shall do all of the following:

(a)Within 24 hours of receiving the report, require an investigator to contact the person who made the report, except in cases in which the person made the report pursuant to subdivision (g) of Section 11166 and elected not to include their name.

(b)

Within 48 hours of receiving the report, require an investigator to visit the child, who is the subject of the report, in person to determine if the child needs to be removed from the home, consistent with the provisions of Article 7 (commencing with Section 305) of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code, during the pendency of an investigation into a report made pursuant to this article.

(c)

Require the investigator who made the contact described in subdivision (a) and the investigator who made the visit described in subdivision (b), to document their contact or visit and their initial observations.

SECTION 1.

 Section 16504 of the Welfare and Institutions Code is amended to read:

16504.
 (a) Any A child reported to the county child welfare services department to be endangered by abuse, neglect, or exploitation shall be eligible for initial intake and evaluation of risk services. Each county child welfare services department shall maintain and operate a 24-hour response system. An immediate in-person response shall be made by a county child welfare services department social worker in emergency situations in accordance with regulations of the department. The person making any initial response to a request for child welfare services shall consider providing appropriate social services to maintain the child safely in his or her their own home. However, an in-person response is not required when the county child welfare services department, based upon an evaluation of risk, determines that an in-person response is not appropriate. An evaluation of risk includes collateral contacts, a review of previous referrals, and other relevant information.
(b) Upon receiving a report of a child being endangered by abuse, neglect, or exploitation in which the alleged perpetrator is a person responsible for the child’s health, welfare, or care, a person given access to a child by a person responsible for the child’s health, welfare, or care, or a person entrusted with the care of a child, the county child welfare services department shall immediately evaluate the report. If the report contains sufficient information to warrant an investigation, the county child welfare services department shall make its best efforts to commence an investigation of a report concerning an imminent risk of physical harm to a child or other emergency within two hours of receipt of the report and shall commence an investigation of all other reports within 72 hours of receipt of the report.
(c) Upon receiving a report as described in subdivision (b), the county child welfare services department shall conduct an in-home visit no later than 72 hours after receiving the report to determine if the child needs to be removed from the home, consistent with the provisions of Article 7 (commencing with Section 305) of Chapter 2 of Part 1 of Division 2, during the pendency of an investigation into a report made pursuant to this section.
(d) An investigator who makes a visit pursuant to subdivision (c) shall document their visit and their initial observations.
(e) The county child welfare services department shall complete an investigation pursuant to this section no later than 30 business days after the date of receipt of the report. If the report is a report of child abuse or neglect in which the alleged perpetrator is not a person specified in subdivision (b), the county child welfare services department shall refer the report to the appropriate local law enforcement authority in the jurisdiction in which the child resides or in which the alleged abuse or neglect occurred.

(b)

(f) A county child welfare services department social worker shall make an in-person response whenever a referral is received pursuant to Section 11254. Whenever a referral is received pursuant to Section 11254, the county child welfare services department social worker, within 20 calendar days from the receipt of the referral, shall determine whether the physical or emotional health or safety of the individual or child would be jeopardized if the individual and child lived in the same residence with the individual’s own parent or legal guardian, or other adult relative.

(c)

(g) Notwithstanding Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code, any nonminor dependent, as described in subdivision (v) of Section 11403, reported to the county welfare services department to be endangered by abuse, neglect, or exploitation by a licensed or approved caregiver while in a foster care placement shall be eligible for evaluation of risk services, to determine if the placement is safe and appropriate. The county child welfare services department shall cross-report the suspected abuse, neglect, or exploitation by the licensed or approved caregiver to the appropriate licensing or approval agency and, as appropriate, to law enforcement.

SEC. 2.

 To the extent that this act has an overall effect of increasing the 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.