CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 47Introduced by Senator RothDecember 05, 2022 An act to add Section 11165.10 to the Penal Code, relating to child abuse or neglect.LEGISLATIVE COUNSEL'S DIGESTSB 47, as introduced, Roth. Child abuse or neglect reports.Existing law, the Child Abuse and Neglect Reporting Act, requires a mandated reporter to report whenever they know or reasonably suspect that a child has been the victim of child abuse or neglect. Existing law also authorizes any other person to report known or suspected child abuse or neglect. Under existing law, reports of suspected child abuse or neglect are made to any police department, sheriffs department, county probation department, if designated by the county to receive mandated reports, or county welfare department.This bill would require an agency that receives a report of known or suspected child abuse to take specified actions, including requiring an investigator to make contact with the person who made the report and visit the child, who is the subject of the report, in person to determine if the child should be removed from the home during the pendency of an investigation into a report of child abuse or neglect. By imposing additional duties on local agencies investigating reports of child abuse or neglect, 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 no reimbursement is required by this act for a specified reason.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 11165.10 is added to the Penal Code, to read:11165.10. An agency specified in Section 11165.9 that receives a report of suspected child abuse or neglect shall do all of the following:(a) Within 24 hours of receiving the report, require an investigator to contact the person who made the report, except in cases in which the person made the report pursuant to subdivision (g) of Section 11166 and elected not to include their name.(b) Within 48 hours of receiving the report, require an investigator to visit the child, who is the subject of the report, in person to determine if the child needs to be removed from the home, consistent with the provisions of Article 7 (commencing with Section 305) of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code, during the pendency of an investigation into a report made pursuant to this article.(c) Require the investigator who made the contact described in subdivision (a) and the investigator who made the visit described in subdivision (b), to document their contact or visit and their initial observations.SEC. 2. 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 XIIIB of the California Constitution.
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 47Introduced by Senator RothDecember 05, 2022 An act to add Section 11165.10 to the Penal Code, relating to child abuse or neglect.LEGISLATIVE COUNSEL'S DIGESTSB 47, as introduced, Roth. Child abuse or neglect reports.Existing law, the Child Abuse and Neglect Reporting Act, requires a mandated reporter to report whenever they know or reasonably suspect that a child has been the victim of child abuse or neglect. Existing law also authorizes any other person to report known or suspected child abuse or neglect. Under existing law, reports of suspected child abuse or neglect are made to any police department, sheriffs department, county probation department, if designated by the county to receive mandated reports, or county welfare department.This bill would require an agency that receives a report of known or suspected child abuse to take specified actions, including requiring an investigator to make contact with the person who made the report and visit the child, who is the subject of the report, in person to determine if the child should be removed from the home during the pendency of an investigation into a report of child abuse or neglect. By imposing additional duties on local agencies investigating reports of child abuse or neglect, 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 no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Senate Bill
No. 47
Introduced by Senator RothDecember 05, 2022
Introduced by Senator Roth
December 05, 2022
An act to add Section 11165.10 to the Penal Code, relating to child abuse or neglect.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 47, as introduced, Roth. Child abuse or neglect reports.
Existing law, the Child Abuse and Neglect Reporting Act, requires a mandated reporter to report whenever they know or reasonably suspect that a child has been the victim of child abuse or neglect. Existing law also authorizes any other person to report known or suspected child abuse or neglect. Under existing law, reports of suspected child abuse or neglect are made to any police department, sheriffs department, county probation department, if designated by the county to receive mandated reports, or county welfare department.This bill would require an agency that receives a report of known or suspected child abuse to take specified actions, including requiring an investigator to make contact with the person who made the report and visit the child, who is the subject of the report, in person to determine if the child should be removed from the home during the pendency of an investigation into a report of child abuse or neglect. By imposing additional duties on local agencies investigating reports of child abuse or neglect, 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 no reimbursement is required by this act for a specified reason.
Existing law, the Child Abuse and Neglect Reporting Act, requires a mandated reporter to report whenever they know or reasonably suspect that a child has been the victim of child abuse or neglect. Existing law also authorizes any other person to report known or suspected child abuse or neglect. Under existing law, reports of suspected child abuse or neglect are made to any police department, sheriffs department, county probation department, if designated by the county to receive mandated reports, or county welfare department.
This bill would require an agency that receives a report of known or suspected child abuse to take specified actions, including requiring an investigator to make contact with the person who made the report and visit the child, who is the subject of the report, in person to determine if the child should be removed from the home during the pendency of an investigation into a report of child abuse or neglect. By imposing additional duties on local agencies investigating reports of child abuse or neglect, 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 no reimbursement is required by this act for a specified reason.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 11165.10 is added to the Penal Code, to read:11165.10. An agency specified in Section 11165.9 that receives a report of suspected child abuse or neglect shall do all of the following:(a) Within 24 hours of receiving the report, require an investigator to contact the person who made the report, except in cases in which the person made the report pursuant to subdivision (g) of Section 11166 and elected not to include their name.(b) Within 48 hours of receiving the report, require an investigator to visit the child, who is the subject of the report, in person to determine if the child needs to be removed from the home, consistent with the provisions of Article 7 (commencing with Section 305) of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code, during the pendency of an investigation into a report made pursuant to this article.(c) Require the investigator who made the contact described in subdivision (a) and the investigator who made the visit described in subdivision (b), to document their contact or visit and their initial observations.SEC. 2. 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 XIIIB of the California Constitution.
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 11165.10 is added to the Penal Code, to read:11165.10. An agency specified in Section 11165.9 that receives a report of suspected child abuse or neglect shall do all of the following:(a) Within 24 hours of receiving the report, require an investigator to contact the person who made the report, except in cases in which the person made the report pursuant to subdivision (g) of Section 11166 and elected not to include their name.(b) Within 48 hours of receiving the report, require an investigator to visit the child, who is the subject of the report, in person to determine if the child needs to be removed from the home, consistent with the provisions of Article 7 (commencing with Section 305) of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code, during the pendency of an investigation into a report made pursuant to this article.(c) Require the investigator who made the contact described in subdivision (a) and the investigator who made the visit described in subdivision (b), to document their contact or visit and their initial observations.
SECTION 1. Section 11165.10 is added to the Penal Code, to read:
### SECTION 1.
11165.10. An agency specified in Section 11165.9 that receives a report of suspected child abuse or neglect shall do all of the following:(a) Within 24 hours of receiving the report, require an investigator to contact the person who made the report, except in cases in which the person made the report pursuant to subdivision (g) of Section 11166 and elected not to include their name.(b) Within 48 hours of receiving the report, require an investigator to visit the child, who is the subject of the report, in person to determine if the child needs to be removed from the home, consistent with the provisions of Article 7 (commencing with Section 305) of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code, during the pendency of an investigation into a report made pursuant to this article.(c) Require the investigator who made the contact described in subdivision (a) and the investigator who made the visit described in subdivision (b), to document their contact or visit and their initial observations.
11165.10. An agency specified in Section 11165.9 that receives a report of suspected child abuse or neglect shall do all of the following:(a) Within 24 hours of receiving the report, require an investigator to contact the person who made the report, except in cases in which the person made the report pursuant to subdivision (g) of Section 11166 and elected not to include their name.(b) Within 48 hours of receiving the report, require an investigator to visit the child, who is the subject of the report, in person to determine if the child needs to be removed from the home, consistent with the provisions of Article 7 (commencing with Section 305) of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code, during the pendency of an investigation into a report made pursuant to this article.(c) Require the investigator who made the contact described in subdivision (a) and the investigator who made the visit described in subdivision (b), to document their contact or visit and their initial observations.
11165.10. An agency specified in Section 11165.9 that receives a report of suspected child abuse or neglect shall do all of the following:(a) Within 24 hours of receiving the report, require an investigator to contact the person who made the report, except in cases in which the person made the report pursuant to subdivision (g) of Section 11166 and elected not to include their name.(b) Within 48 hours of receiving the report, require an investigator to visit the child, who is the subject of the report, in person to determine if the child needs to be removed from the home, consistent with the provisions of Article 7 (commencing with Section 305) of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code, during the pendency of an investigation into a report made pursuant to this article.(c) Require the investigator who made the contact described in subdivision (a) and the investigator who made the visit described in subdivision (b), to document their contact or visit and their initial observations.
11165.10. An agency specified in Section 11165.9 that receives a report of suspected child abuse or neglect shall do all of the following:
(a) Within 24 hours of receiving the report, require an investigator to contact the person who made the report, except in cases in which the person made the report pursuant to subdivision (g) of Section 11166 and elected not to include their name.
(b) Within 48 hours of receiving the report, require an investigator to visit the child, who is the subject of the report, in person to determine if the child needs to be removed from the home, consistent with the provisions of Article 7 (commencing with Section 305) of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code, during the pendency of an investigation into a report made pursuant to this article.
(c) Require the investigator who made the contact described in subdivision (a) and the investigator who made the visit described in subdivision (b), to document their contact or visit and their initial observations.
SEC. 2. 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 XIIIB of the California Constitution.
SEC. 2. 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 XIIIB of the California Constitution.
SEC. 2. 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 XIIIB of the California Constitution.
### SEC. 2.