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AB-1536 Child abuse and neglect: reports.(1997-1998)



Current Version: 06/11/97 - Chaptered

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AB1536:v96#DOCUMENT

Assembly Bill No. 1536
CHAPTER 24

An act to amend Section 11167.5 of the Penal Code, relating to child abuse and neglect.

[ Filed with Secretary of State  June 11, 1997. Approved by Governor  June 10, 1997. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 1536, Wright. Child abuse and neglect: reports.
Existing law requires specified persons to confidentially report known or suspected child abuse to a child protective agency. Unauthorized disclosure of these reports is a misdemeanor. However, a specific exception authorizes the Board of Prison Terms to subpoena reports that are not unfounded and concern only the current incidents upon which parole revocation proceedings are pending against a parolee charged with child abuse.
This bill would expand this exception to authorize the Board of Prison Terms to also subpoena an employee of a county welfare department who can provide relevant evidence.

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


SECTION 1.

 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 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 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 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. The disclosure authorized by this section includes disclosure among hospital scan teams located in the same county.
(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 (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. The reports and information shall be confidential pursuant to subdivision (d) of Section 11167.
(c)  Authorized persons within county health departments shall be permitted to receive copies of any reports made by health practitioners, as defined in Section 11165.8, pursuant to Section 11165.13, and copies of assessments completed pursuant to Sections 10900 and 10901 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 shall be interpreted to require 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 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.