California 2017 2017-2018 Regular Session

California Assembly Bill AB177 Introduced / Bill

Filed 01/18/2017

                    CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 177Introduced by Assembly Member ChvezJanuary 18, 2017 An act to add Section 11174.2 to the Penal Code, relating to child abuse and neglect. LEGISLATIVE COUNSEL'S DIGESTAB 177, as introduced, Chvez. Child abuse and neglect: reporting.Existing law, the Child Abuse Neglect and Reporting Act, designates certain persons mandated reporters and requires them to report suspected child abuse or neglect to certain specified agencies whenever the mandated reporter, in his or her professional capacity or within the scope of his or her 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 establishes a statewide system of child welfare services, administered by the State Department of Social Services, with the intent that all children are entitled to be safe and free from abuse and neglect.This bill would require a child protective services agency investigating a case of child abuse or neglect involving an allegation against the parent or guardian of the child to attempt to determine if the parent or guardian is a member of the military. The bill would provide that if it is determined that the parent or guardian is a member of the military, the child protective services agency would be required to notify the Family Advocacy Program of the Department of Defense that there is an allegation of abuse or neglect that relates to the parent or guardian who is a member of the military. By imposing additional duties on local government entities, 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 the statutory provisions noted above.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 11174.2 is added to the Penal Code, to read:11174.2. A child protective services agency investigating a case of child abuse or neglect involving an allegation against the parent or guardian of the child shall attempt, as soon as practicable, to determine if the parent or guardian is a member of the military. If it is determined that the parent or guardian is a member of the military, the child protective services agency shall notify the Family Advocacy Program of the Department of Defense that there is an allegation of abuse or neglect that relates to the parent or guardian who is a member of the military.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.

 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 177Introduced by Assembly Member ChvezJanuary 18, 2017 An act to add Section 11174.2 to the Penal Code, relating to child abuse and neglect. LEGISLATIVE COUNSEL'S DIGESTAB 177, as introduced, Chvez. Child abuse and neglect: reporting.Existing law, the Child Abuse Neglect and Reporting Act, designates certain persons mandated reporters and requires them to report suspected child abuse or neglect to certain specified agencies whenever the mandated reporter, in his or her professional capacity or within the scope of his or her 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 establishes a statewide system of child welfare services, administered by the State Department of Social Services, with the intent that all children are entitled to be safe and free from abuse and neglect.This bill would require a child protective services agency investigating a case of child abuse or neglect involving an allegation against the parent or guardian of the child to attempt to determine if the parent or guardian is a member of the military. The bill would provide that if it is determined that the parent or guardian is a member of the military, the child protective services agency would be required to notify the Family Advocacy Program of the Department of Defense that there is an allegation of abuse or neglect that relates to the parent or guardian who is a member of the military. By imposing additional duties on local government entities, 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 the statutory provisions noted above.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: YES 





 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION

Assembly Bill No. 177

Introduced by Assembly Member ChvezJanuary 18, 2017

Introduced by Assembly Member Chvez
January 18, 2017

 An act to add Section 11174.2 to the Penal Code, relating to child abuse and neglect. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 177, as introduced, Chvez. Child abuse and neglect: reporting.

Existing law, the Child Abuse Neglect and Reporting Act, designates certain persons mandated reporters and requires them to report suspected child abuse or neglect to certain specified agencies whenever the mandated reporter, in his or her professional capacity or within the scope of his or her 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 establishes a statewide system of child welfare services, administered by the State Department of Social Services, with the intent that all children are entitled to be safe and free from abuse and neglect.This bill would require a child protective services agency investigating a case of child abuse or neglect involving an allegation against the parent or guardian of the child to attempt to determine if the parent or guardian is a member of the military. The bill would provide that if it is determined that the parent or guardian is a member of the military, the child protective services agency would be required to notify the Family Advocacy Program of the Department of Defense that there is an allegation of abuse or neglect that relates to the parent or guardian who is a member of the military. By imposing additional duties on local government entities, 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 the statutory provisions noted above.

Existing law, the Child Abuse Neglect and Reporting Act, designates certain persons mandated reporters and requires them to report suspected child abuse or neglect to certain specified agencies whenever the mandated reporter, in his or her professional capacity or within the scope of his or her 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 establishes a statewide system of child welfare services, administered by the State Department of Social Services, with the intent that all children are entitled to be safe and free from abuse and neglect.

This bill would require a child protective services agency investigating a case of child abuse or neglect involving an allegation against the parent or guardian of the child to attempt to determine if the parent or guardian is a member of the military. The bill would provide that if it is determined that the parent or guardian is a member of the military, the child protective services agency would be required to notify the Family Advocacy Program of the Department of Defense that there is an allegation of abuse or neglect that relates to the parent or guardian who is a member of the military. By imposing additional duties on local government entities, 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 the statutory provisions noted above.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 11174.2 is added to the Penal Code, to read:11174.2. A child protective services agency investigating a case of child abuse or neglect involving an allegation against the parent or guardian of the child shall attempt, as soon as practicable, to determine if the parent or guardian is a member of the military. If it is determined that the parent or guardian is a member of the military, the child protective services agency shall notify the Family Advocacy Program of the Department of Defense that there is an allegation of abuse or neglect that relates to the parent or guardian who is a member of the military.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.

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

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

SECTION 1. Section 11174.2 is added to the Penal Code, to read:11174.2. A child protective services agency investigating a case of child abuse or neglect involving an allegation against the parent or guardian of the child shall attempt, as soon as practicable, to determine if the parent or guardian is a member of the military. If it is determined that the parent or guardian is a member of the military, the child protective services agency shall notify the Family Advocacy Program of the Department of Defense that there is an allegation of abuse or neglect that relates to the parent or guardian who is a member of the military.

SECTION 1. Section 11174.2 is added to the Penal Code, to read:

### SECTION 1.

11174.2. A child protective services agency investigating a case of child abuse or neglect involving an allegation against the parent or guardian of the child shall attempt, as soon as practicable, to determine if the parent or guardian is a member of the military. If it is determined that the parent or guardian is a member of the military, the child protective services agency shall notify the Family Advocacy Program of the Department of Defense that there is an allegation of abuse or neglect that relates to the parent or guardian who is a member of the military.

11174.2. A child protective services agency investigating a case of child abuse or neglect involving an allegation against the parent or guardian of the child shall attempt, as soon as practicable, to determine if the parent or guardian is a member of the military. If it is determined that the parent or guardian is a member of the military, the child protective services agency shall notify the Family Advocacy Program of the Department of Defense that there is an allegation of abuse or neglect that relates to the parent or guardian who is a member of the military.

11174.2. A child protective services agency investigating a case of child abuse or neglect involving an allegation against the parent or guardian of the child shall attempt, as soon as practicable, to determine if the parent or guardian is a member of the military. If it is determined that the parent or guardian is a member of the military, the child protective services agency shall notify the Family Advocacy Program of the Department of Defense that there is an allegation of abuse or neglect that relates to the parent or guardian who is a member of the military.



11174.2. A child protective services agency investigating a case of child abuse or neglect involving an allegation against the parent or guardian of the child shall attempt, as soon as practicable, to determine if the parent or guardian is a member of the military. If it is determined that the parent or guardian is a member of the military, the child protective services agency shall notify the Family Advocacy Program of the Department of Defense that there is an allegation of abuse or neglect that relates to the parent or guardian who is a member of the military.

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.

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.

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.

### SEC. 2.