BILL NUMBER: SB 452AMENDED BILL TEXT AMENDED IN SENATE APRIL 13, 2009 INTRODUCED BY Senator Dutton FEBRUARY 26, 2009 An act to add Section 102222 to the Health and Safety Code, relating to child protection. LEGISLATIVE COUNSEL'S DIGEST SB 452, as amended, Dutton. At-risk children: registration of birth: notification to child protective services. Existing law prescribes the duties of the State Registrar of Vital Statistics and local registrars of births and deaths with respect to the registration of a live birth. Existing law requires the State Department of Social Services to implement a Statewide Child Welfare Services Case Management System (CWSCMS) in order to protect children and effectively administer and evaluate California's Child Welfare Services and Foster Care foster care programs. This bill would require the State Registrar, upon receipt of the weekly transmission of original certificates from a local registrar, to enter the name of each parent listed on a certificate of live birth into the CWSCMS, and to forward to the appropriate child protective services department the name of parents a parent who have a history of child abuse, neglect, or maltreatment has had his or her parental rights terminated due to abuse or neglect , as specified. The bill would require a county child protective services department to conduct an immediate investigation upon receipt of a name forwarded by the State Registrar pursuant to the bill. By increasing the duties of county child protective services departments, 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 102222 is added to the Health and Safety Code, to read: 102222. (a) Upon receipt of the weekly transmission of original certificates from a local registrar of births and deaths pursuant to Section 102345, the State Registrar shall enter the name of each parent listed on a certificate of live birth into the Child Welfare Services Case Management System (CWSCMS). If an entry satisfies the requirements of subdivision (b), the State Registrar shall immediately transmit the parent's name to the child protective services department in the county in which the birth was registered. (b) A parent's name shall be forwarded to child protective services when entry of his or her name into the CWSCMS pursuant to subdivision (a) shows a history of either of the following: (1) The that the parent previously has had his or her parental rights terminated pursuant to Section 366.26 of the Welfare and Institutions Code due to abuse or neglect. (2) The parent has a prior substantiated finding by the child protective services department of serious maltreatment of a child. (c) A child protective services department that receives a notification pursuant to this section shall conduct an immediate investigation to ensure the safety and well-being of the infant. (d) Nothing in this section shall be interpreted to require the removal of an infant from the home solely based on the past history of abuse or neglect of either or both parents. SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.