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SB-681 Child abuse reporting: mandated reports.(2021-2022)



Current Version: 03/23/21 - Amended Senate Compare Versions information image


SB681:v98#DOCUMENT

Amended  IN  Senate  March 23, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 681

Introduced by Senator Ochoa Bogh

February 19, 2021

An act to amend Section 11165.9 of the Penal Code, relating to child abuse.


LEGISLATIVE COUNSEL'S DIGEST


SB 681, as amended, Ochoa Bogh. Child abuse reporting: mandated reports.
Existing law, the Child Abuse and Neglect Reporting Act, makes certain persons, including teachers and social workers, mandated reporters. Under existing law, mandated reporters are required to report whenever the mandated reporter, in their professional capacity or within the scope of their 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 requires reports of suspected child abuse or neglect by a mandated reporter to be made to a police department or sheriff’s department, not including school district police or security department department, or county probation department. department, if designated by the county to receive the reports, or the county welfare department.
This bill would authorize a mandated reporter to report to a school district police or security department.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 11165.9 of the Penal Code is amended to read:

11165.9.
 Reports of suspected child abuse or neglect shall be made by mandated reporters, or in the case of reports pursuant to Section 11166.05, may be made, to any police department or sheriff’s department, not including or a county probation department, if designated by the county to receive mandated reports, or the county welfare department. Any of those agencies shall accept a report of suspected child abuse or neglect whether offered by a mandated reporter or another person, or referred by another agency, even if the agency to whom the report is being made lacks subject matter or geographical jurisdiction to investigate the reported case, unless the agency can immediately electronically transfer the call to an agency with proper jurisdiction. When an agency takes a report about a case of suspected child abuse or neglect in which that agency lacks jurisdiction, the agency shall immediately refer the case by telephone, fax, or electronic transmission to an agency with proper jurisdiction. Agencies that are required to receive reports of suspected child abuse or neglect may not refuse to accept a report of suspected child abuse or neglect from a mandated reporter or another person unless otherwise authorized pursuant to this section, and shall maintain a record of all reports received.