California 2009 2009-2010 Regular Session

California Assembly Bill AB2322 Introduced / Bill

Filed 02/19/2010

 BILL NUMBER: AB 2322INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Feuer FEBRUARY 19, 2010 An act to amend Section 10850.1 of the Welfare and Institutions Code, relating to public social service. LEGISLATIVE COUNSEL'S DIGEST AB 2322, as introduced, Feuer. Abuse of children, elder, or dependent persons: confidentiality. Existing law generally provides for the confidentiality of juvenile court records and records relating to the administration of public social services. However, records connected to public social services program are generally permitted to be disclosed for purposes related to the administration of those program and for other prescribed purposes. Under existing law, counties are authorized to establish multidisciplinary teams to assist in determining the services to be provided to persons receiving foster care and other public social services. Existing law provides, for purposes of the disclosure of information, the activities of multidisciplinary teams engaged in the prevention, identification, and treatment of child abuse or the abuse of elder or dependent persons are activities performed in the administration of public social services. This bill would also provide that activities of multidisciplinary teams engaged in the management of child abuse or the abuse of elder or dependent persons are activities performed in the administration of public social services. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 10850.1 of the Welfare and Institutions Code is amended to read: 10850.1. Notwithstanding any other provision of law, for purposes of Section 10850, the activities of a multidisciplinary personnel team engaged in the prevention, identification,  and   management, and  treatment of child abuse or the abuse of elder or dependent persons are activities performed in the administration of public social services, and a member of the team may disclose and exchange any information or writing that also is kept or maintained in connection with any program of public social services or otherwise designated as confidential under state law which he or she reasonably believes is relevant to the prevention, identification,  management,  or treatment of child abuse or the abuse of elder or dependent persons to other members of the team. All discussions relative to the disclosure or exchange of any such information or writing during team meetings are confidential and, notwithstanding any other provision of law, testimony concerning any such discussion is not admissible in any criminal, civil, or juvenile court proceeding. As used in this section, "child abuse" has the same meaning as defined in Section 18951. As used in this section, "abuse of elder or dependent persons" has the meaning given in Section 15610. As used in this section, "multidisciplinary personnel team" means any team of three or more persons, as specified in Section 15715 or 18951, the members of which are trained in the prevention, identification,  and   management, and  treatment of child abuse or the abuse of elder or dependent persons and are qualified to provide a broad range of services related to child abuse or the abuse of elder or dependent persons.