California Assembly Bill AB1564 Introduced / Bill

 BILL NUMBER: AB 1564INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Lara JANUARY 30, 2012 An act to amend Sections 11165.7 and 11166.5 of the Penal Code, and to add Section 23701.1 to the Revenue and Taxation Code, relating to child abuse reporting, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 1564, as introduced, Lara. Child abuse reporting: mandated reporters: tax-exempt organizations. (1) Existing law, the Child Abuse and Neglect Reporting Act, requires a mandated reporter, as defined, to report whenever he or she, in his or her professional capacity or within the scope of his or her employment, has knowledge of or observed a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. Failure to report an incident is a crime punishable by imprisonment in a county jail for a period of 6 months, a fine of up to $1,000, or by both that imprisonment and fine. Existing law excludes volunteers of public or private organizations whose duties require direct contact with and supervision of children from the list of mandated reporters. Existing law also strongly encourages employers to provide training in child abuse and neglect identification and reporting to their employees who are mandated reporters, and encourages public and private organizations to provide their volunteers whose duties require direct contact with and supervision of children with training in child abuse and neglect identification and reporting. This bill would include volunteers of public or private organizations, including nonprofit organizations, whose duties require direct contact with and supervision of children in the list of individuals who are mandated reporters. The bill would also require employers to provide training in child abuse and neglect identification and reporting to their employees and volunteers who are mandated reporters. By imposing the reporting requirements on a new class of persons, for whom failure to report specified conduct is a crime, this bill would impose a state-mandated local program. (2) The Corporation Tax Law exempts the income of organizations that are organized and operated for specified nonprofit purposes from state income taxes, as provided. This bill would require, for taxable years beginning on and after the date this bill is operative, the Franchise Tax Board to revoke the exemption of an organization if a person who is a mandated reporter in the scope of his or her duties in the organization has been found guilty of a misdemeanor, as provided, with respect to failure to report an incident of known or reasonably suspected child sexual abuse, as defined, in the scope of his or her duties in the organization. This bill would require the board to reinstate the exemption if the organization provides notification that the guilty verdict of the person has been overturned. 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 no reimbursement is required by this act for a specified reason. This bill would declare that it is to take effect immediately as an urgency statute. Vote: 2/3. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature finds and declares all of the following: (a) Studies indicate that one in four girls and one in seven boys will be the victim of some type of sexual abuse or assault before 18 years of age. (b) Studies also indicate that child sexual abuse is 1.7 times more common than childhood obesity and is 1.1 times more common than the rates of teen pregnancy. (c) In the wake of recent reports of sexual abuse cover-ups by nonprofit organizations, immediate action is needed to deter nonprofit organizations from concealing, fostering, or failing to report abuse of children. Nonprofit organizations should be held accountable for their actions and failures to act, and legislation is needed to prevent additional lives from being damaged and to deter nonprofit organizations from concealing reports of abuse. SEC. 2. Section 11165.7 of the Penal Code is amended to read: 11165.7. (a) As used in this article, "mandated reporter" is defined as any of the following: (1) A teacher. (2) An instructional aide. (3) A teacher's aide or teacher's assistant employed by any public or private school. (4) A classified employee of any public school. (5) An administrative officer or supervisor of child welfare and attendance, or a certificated pupil personnel employee of any public or private school. (6) An administrator of a public or private day camp. (7) An administrator or employee of a public or private youth center, youth recreation program, or youth organization. (8) An administrator or employee of a public or private organization whose duties require direct contact and supervision of children. (9) Any employee of a county office of education or the State Department of Education, whose duties bring the employee into contact with children on a regular basis. (10) A licensee, an administrator, or an employee of a licensed community care or child day care facility. (11) A Head Start program teacher. (12) A licensing worker or licensing evaluator employed by a licensing agency as defined in Section 11165.11. (13) A public assistance worker. (14) An employee of a child care institution, including, but not limited to, foster parents, group home personnel, and personnel of residential care facilities. (15) A social worker, probation officer, or parole officer. (16) An employee of a school district police or security department. (17) Any person who is an administrator or presenter of, or a counselor in, a child abuse prevention program in any public or private school. (18) A district attorney investigator, inspector, or local child support agency caseworker unless the investigator, inspector, or caseworker is working with an attorney appointed pursuant to Section 317 of the Welfare and Institutions Code to represent a minor. (19) A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, who is not otherwise described in this section. (20) A firefighter, except for volunteer firefighters. (21) A physician and surgeon, psychiatrist, psychologist, dentist, resident, intern, podiatrist, chiropractor, licensed nurse, dental hygienist, optometrist, marriage and family therapist, clinical social worker, professional clinical counselor, or any other person who is currently licensed under Division 2 (commencing with Section 500) of the Business and Professions Code. (22) Any emergency medical technician I or II, paramedic, or other person certified pursuant to Division 2.5 (commencing with Section 1797) of the Health and Safety Code. (23) A psychological assistant registered pursuant to Section 2913 of the Business and Professions Code. (24) A marriage and family therapist trainee, as defined in subdivision (c) of Section 4980.03 of the Business and Professions Code. (25) An unlicensed marriage and family therapist intern registered under Section 4980.44 of the Business and Professions Code. (26) A state or county public health employee who treats a minor for venereal disease or any other condition. (27) A coroner. (28) A medical examiner, or any other person who performs autopsies. (29) A commercial film and photographic print processor, as specified in subdivision (e) of Section 11166. As used in this article, "commercial film and photographic print processor" means any person who develops exposed photographic film into negatives, slides, or prints, or who makes prints from negatives or slides, for compensation. The term includes any employee of such a person; it does not include a person who develops film or makes prints for a public agency. (30) A child visitation monitor. As used in this article, "child visitation monitor" means any person who, for financial compensation, acts as monitor of a visit between a child and any other person when the monitoring of that visit has been ordered by a court of law. (31) An animal control officer or humane society officer. For the purposes of this article, the following terms have the following meanings: (A) "Animal control officer" means any person employed by a city, county, or city and county for the purpose of enforcing animal control laws or regulations. (B) "Humane society officer" means any person appointed or employed by a public or private entity as a humane officer who is qualified pursuant to Section 14502 or 14503 of the Corporations Code. (32) A clergy member, as specified in subdivision (d) of Section 11166. As used in this article, "clergy member" means a priest, minister, rabbi, religious practitioner, or similar functionary of a church, temple, or recognized denomination or organization. (33) Any custodian of records of a clergy member, as specified in this section and subdivision (d) of Section 11166. (34) Any employee of any police department, county sheriff's department, county probation department, or county welfare department. (35) An employee or volunteer of a Court Appointed Special Advocate program, as defined in Rule  1424   5.655  of the California Rules of Court. (36) A custodial officer as defined in Section 831.5. (37) Any person providing services to a minor child under Section 12300 or 12300.1 of the Welfare and Institutions Code. (38) An alcohol and drug counselor. As used in this article, an "alcohol and drug counselor" is a person providing counseling, therapy, or other clinical services for a state licensed or certified drug, alcohol, or drug and alcohol treatment program. However, alcohol or drug abuse, or both alcohol and drug abuse, is not in and of itself a sufficient basis for reporting child abuse or neglect. (39) A clinical counselor trainee, as defined in subdivision (g) of Section 4999.12 of the Business and Professions Code. (40) A clinical counselor intern registered under Section 4999.42 of the Business and Professions Code.  (b) Except as provided in paragraph (35) of subdivision (a), volunteers of public or private organizations whose duties require direct contact with and supervision of children are not mandated reporters but are encouraged to obtain training in the identification and reporting of child abuse and neglect and are further encouraged to report known or suspected instances of child abuse or neglect to an agency specified in Section 11165.9.   (41) Volunteers of public or private organizations, including nonprofit organizations, whose duties require direct contact with and supervision of children.   (c)   (b)  Employers  are strongly encouraged to   shall  provide their employees  and volunteers  who are mandated reporters with training in the duties imposed by this article. This training shall include training in child abuse and neglect identification and training in child abuse and neglect reporting.  Whether or not employers provide their employees with training in child abuse and neglect identification and reporting, the   The  employers shall provide their employees  and volunteers  who are mandated reporters with the statement required pursuant to subdivision (a) of Section 11166.5.  (d) School districts that do not train their employees specified in subdivision (a) in the duties of mandated reporters under the child abuse reporting laws shall report to the State Department of Education the reasons why this training is not provided.   (e)   (c)  Unless otherwise specifically provided, the absence of training shall not excuse a mandated reporter from the duties imposed by this article.  (f) Public and private organizations are encouraged to provide their volunteers whose duties require direct contact with and supervision of children with training in the identification and reporting of child abuse and neglect.  SEC. 3. Section 11166.5 of the Penal Code is amended to read: 11166.5. (a)  (1)    On and after January 1, 1985, any mandated reporter as specified in Section 11165.7, with the exception of child visitation monitors, prior to commencing his or her employment, and as a prerequisite to that employment, shall sign a statement on a form provided to him or her by his or her employer to the effect that he or she has knowledge of the provisions of Section 11166 and will comply with those provisions. The statement shall inform the employee that he or she is a mandated reporter and inform the employee of his or her reporting obligations under Section 11166 and of his or her confidentiality rights under subdivision (d) of Section 11167. The employer shall provide a copy of Sections 11165.7, 11166, and 11167 to the employee.  (2)     On or after the date the act adding this paragraph is operative, the employer shall also provide a copy of Section 152.3 to any mandated reporter that is a current employee and to any new mandated reporter prior to commencing his or her employment.   On   (3)     On  and after January 1, 1993, any person who acts as a child visitation monitor, as defined in paragraph (30) of subdivision (a) of Section 11165.7, prior to engaging in monitoring the first visit in a case, shall sign a statement on a form provided to him or her by the court which ordered the presence of that third person during the visit, to the effect that he or she has knowledge of the provisions of Section 11166 and will comply with those provisions.  The   (4)     The  signed statements shall be retained by the employer or the court, as the case may be. The cost of printing, distribution, and filing of these statements shall be borne by the employer or the court.  This   (5)     This  subdivision is not applicable to persons employed by public or private youth centers, youth recreation programs, and youth organizations as members of the support staff or maintenance staff and who do not work with, observe, or have knowledge of children as part of their official duties. (b) On and after January 1, 1986, when a person is issued a state license or certificate to engage in a profession or occupation, the members of which are required to make a report pursuant to Section 11166, the state agency issuing the license or certificate shall send a statement substantially similar to the one contained in subdivision (a) to the person at the same time as it transmits the document indicating licensure or certification to the person. In addition to the requirements contained in subdivision (a), the statement also shall indicate that failure to comply with the requirements of Section 11166 is a misdemeanor, punishable by up to six months in a county jail, by a fine of one thousand dollars ($1,000), or by both that imprisonment and fine. (c) As an alternative to the procedure required by subdivision (b), a state agency may cause the required statement to be printed on all application forms for a license or certificate printed on or after January 1, 1986. (d) On and after January 1, 1993, any child visitation monitor, as defined in paragraph (30) of subdivision (a) of Section 11165.7, who desires to act in that capacity shall have received training in the duties imposed by this article, including training in child abuse identification and child abuse reporting. The person, prior to engaging in monitoring the first visit in a case, shall sign a statement on a form provided to him or her by the court which ordered the presence of that third person during the visit, to the effect that he or she has received this training. This statement may be included in the statement required by subdivision (a) or it may be a separate statement. This statement shall be filed, along with the statement required by subdivision (a), in the court file of the case for which the visitation monitoring is being provided. (e) Any person providing services to a minor child, as described in paragraph (37) of subdivision (a) of Section 11165.7, shall not be required to make a report pursuant to Section 11166 unless that person has received training, or instructional materials in the appropriate language, on the duties imposed by this article, including identifying and reporting child abuse and neglect. SEC. 4. Section 23701.1 is added to the Revenue and Taxation Code, to read: 23701.1. (a) Notwithstanding any other law, for taxable years beginning on or after the date the act adding this section is operative, no exemption from taxes imposed under this part shall apply to, and the Franchise Tax Board shall revoke the exemption from taxes imposed under this part of, an organization that meets the following conditions: (1) Is organized and operated for nonprofit purposes within the provisions of a specified section of this article. (2) An administrator, employee, volunteer, or other person of the organization is a mandated reporter, as defined under Section 11165.7 of the Penal Code, in the scope of his or her duties in the organization, and that person has been found guilty of a misdemeanor on or after the date the act adding this section is operative, under subdivision (c) of Section 11166 of the Penal Code, for a failure to report an incident of known or reasonably suspected child sexual abuse in the scope of his or her duties in the organization, as defined under the Child Abuse and Neglect Reporting Act (Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code). (b) The board shall reinstate the exemption if the organization provides notification that a guilty verdict of the person as described in paragraph (2) of subdivision (a) has been overturned and the organization otherwise meets all the other requirements of this chapter. SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. SEC. 6. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to protect victims of child abuse and to deter nonprofit organizations from concealing reports of child abuse at the earliest possible date, it is necessary that this act take effect immediately.