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<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2025-02-21</ns0:ActionDate>
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<ns0:SessionYear>2025</ns0:SessionYear>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Assembly Member Carrillo</ns0:AuthorText>
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<ns0:Legislator>
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<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Carrillo</ns0:Name>
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<ns0:Title> An act to amend Section 11166.1 of the Penal Code, relating to child abuse or neglect. </ns0:Title>
<ns0:RelatingClause>child abuse or neglect</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Child abuse or neglect: reporting.</ns0:Subject>
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<ns0:DigestText>
<html:p>Existing law, the Child Abuse and Neglect Reporting Act, establishes procedures for the reporting and investigation of suspected child abuse or neglect. Existing law requires certain professionals, including specified health practitioners and social workers, known as “mandated reporters,” to report known or suspected child abuse or neglect to a local law enforcement agency or a county welfare or probation department, as specified. Existing law requires an employee of those agencies, in certain circumstances, to send or have sent, within 36 hours, a copy of a report made pursuant to these provisions to the attorney who represents the child, who is the subject of the report, in dependency court. Existing law requires the agency to maintain a copy of the written report and provide all information requested by the attorney for the child or the child’s guardian ad litem within 30 days of the
request.</html:p>
<html:p>This bill would require an employee of those agencies to additionally send a copy of the report to the attorney who represents a parent or legal guardian of the child, as specified. Under the bill, that requirement would not apply to certain individuals, including a parent whose parental rights have been terminated or a parent who is not entitled to reunification services. The bill would require the agency to redact all personal identifying information, as defined, regarding all persons, other than the child, who are identified in the report. If the suspected abuse or neglect occurred in a placement, as provided, the bill would require an employee of the agency to send a copy of the report to all attorneys who represent children with an open dependency case in that placement, subject to specified redaction.</html:p>
<html:p>By expanding the duties of local agencies that receive reports alleging abuse or neglect of children, this
bill would impose a state-mandated local program.</html:p>
<html:p>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.</html:p>
<html:p>This bill would provide that no reimbursement is required by this act for a specified reason.</html:p>
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<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
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<ns0:Num>SECTION 1.</ns0:Num>
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Section 11166.1 of the
<ns0:DocName>Penal Code</ns0:DocName>
is amended to read:
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<ns0:Num>11166.1.</ns0:Num>
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(a)
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(1)
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When an agency receives a report pursuant to Section 11166 that contains either of the following, it shall, within 24 hours, notify the licensing office with jurisdiction over the facility:
</html:p>
<html:p>
(A)
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A report of abuse alleged to have occurred in facilities licensed to care for children by the State Department of Social Services.
</html:p>
<html:p>
(B)
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A report of the death of a child who was, at the time of death, living at, enrolled in, or regularly attending a facility licensed to care for children by the State Department of Social Services, unless the circumstances of the child’s death are clearly unrelated to the child’s care at the facility.
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<html:p>
(2)
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The agency shall send the licensing agency a copy of its investigation and any other pertinent materials.
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<html:p>
(b)
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(1)
<html:span class="EnSpace"/>
Any employee of an agency specified in Section 11165.9 who has knowledge of, or observes in their professional capacity or within the scope of their employment, a child in protective custody whom the employee knows or reasonably suspects has been the victim of child abuse or neglect shall, within 36 hours, send or have sent to the attorney who represents the child in dependency court
and the attorney who represents a parent or legal guardian of the child in dependency court, a copy of the report prepared in accordance with Section 11166. The agency shall maintain a copy of the written report. All information requested by the attorney for the child or the child’s guardian ad litem shall be provided by the agency within 30 days of the request.
</html:p>
<html:p>
(2)
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The requirement in paragraph (1) does not apply to a parent whose parental rights have been terminated pursuant to Section 366.26 of the Welfare and Institutions Code or a parent who is not entitled to reunification services as described in Section 361.5 of the Welfare and Institutions Code.
</html:p>
<html:p>
(3)
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The agency shall redact all personal identifying information regarding all persons, other than the child, who are
identified in the report described in paragraph (1).
</html:p>
<html:p>
(4)
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(A)
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If the suspected abuse or neglect occurred in any placement, all attorneys who represent children with an open dependency case in that placement shall receive the report described in paragraph (1). For purposes of this paragraph, a placement includes, but is not limited to, placement in foster care or congregate care, placement in a short-term residential therapeutic program facility, or a relative placement.
</html:p>
<html:p>
(B)
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The agency shall redact all personal identifying information regarding all persons, including the child, who are identified in the report submitted pursuant to this paragraph.
</html:p>
<html:p>
(5)
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For purposes of this subdivision, “personal identifying information” shall have the same meaning as it is defined in subdivision (b) of Section
530.55.
</html:p>
<html:p>
(c)
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(1)
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When an agency receives a report pursuant to Section 11166 alleging abuse or neglect of the child of a minor parent or a nonminor dependent parent, the agency shall, within 36 hours, provide notice of the report to the attorney who represents the minor parent or nonminor dependent in dependency court.
</html:p>
<html:p>
(2)
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For purposes of this subdivision, “minor parent” and “nonminor dependent parent” have the same meaning as in Section 16002.5 of the Welfare and Institutions Code.
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<ns0:BillSection id="id_D85B7DCB-0809-4B9A-A09B-1059FDF92C0C">
<ns0:Num>SEC. 2.</ns0:Num>
<ns0:Content>
<html:p>
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
<html:span class="ThinSpace"/>
B of the California Constitution.
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|
| Last Version Text Digest |
Existing law, the Child Abuse and Neglect Reporting Act, establishes procedures for the reporting and investigation of suspected child abuse or neglect. Existing law requires certain professionals, including specified health practitioners and social workers, known as “mandated reporters,” to report known or suspected child abuse or neglect to a local law enforcement agency or a county welfare or probation department, as specified. Existing law requires an employee of those agencies, in certain circumstances, to send or have sent, within 36 hours, a copy of a report made pursuant to these provisions to the attorney who represents the child, who is the subject of the report, in dependency court. Existing law requires the agency to maintain a copy of the written report and provide all information requested by the attorney for the child or the child’s guardian ad litem within 30 days of the request. This bill would require an employee of those agencies to additionally send a copy of the report to the attorney who represents a parent or legal guardian of the child, as specified. Under the bill, that requirement would not apply to certain individuals, including a parent whose parental rights have been terminated or a parent who is not entitled to reunification services. The bill would require the agency to redact all personal identifying information, as defined, regarding all persons, other than the child, who are identified in the report. If the suspected abuse or neglect occurred in a placement, as provided, the bill would require an employee of the agency to send a copy of the report to all attorneys who represent children with an open dependency case in that placement, subject to specified redaction. |