California 2009-2010 Regular Session Status: Enacted

AB 2322 — Abuse of children, elder, or dependent persons: confidentiality.

Last action — Chaptered by Secretary of State - Chapter 551, Statutes of 2010.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 19, 2010. Enacted.

Prognosis

Likely to advance 80% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 7 sponsors

    1 primary, 6 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 8 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

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 programs are generally permitted to be disclosed for purposes related to the administration of those programs and for other prescribed purposes. Under existing law, counties are authorized to establish multidisciplinary personnel teams trained in the prevention, identification, or treatment of child abuse and neglect cases, or the abuse of elder or dependent persons. Existing law provides, for purposes of the disclosure of information, that 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 recast these provisions to provide that activities of multidisciplinary personnel teams engaged in the prevention, identification, management, or treatment of child abuse or neglect, or the prevention, identification, management, or treatment of the abuse of an elder or dependent person, are activities performed in the administration of public social services. Existing law provides that testimony about discussions relative to the disclosure or exchange of the information or writings during multidisciplinary personnel team meetings is not admissible in any criminal, civil, or juvenile court proceeding. Existing law also provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which each county provides cash assistance and other benefits to qualified low-income families. This bill would include in the definition of a multidisciplinary personnel team CalWORKs case managers, and social workers with experience or training in child abuse or neglect prevention, identification, management, or treatment. This bill would also include information relevant to the provision of child welfare services, as defined, as information that may be disclosed and exchanged by a multidisciplinary personnel team. Because the California Constitution provides that a statute excluding relevant evidence in a criminal proceeding requires a 23 vote for passage by the Legislature, this bill requires a 23 vote. Existing law permits a county to establish a computerized database system to allow provider agencies, as defined, to share specified information regarding families at risk for child abuse or neglect for the purpose of forming a multidisciplinary personnel team to prevent, identify, manage, or treat child abuse. This bill would require the database to include information about persons living in a child's home and a contact person instead of the employee assigned to the case from a provider agency. This bill would require a county that establishes this database system to install database system controls to monitor system use and to detect any violations of the system controls. This bill would in addition, with respect to the County of Los Angeles, authorize the database to include information about convictions of family members or persons living in the child's home for crimes that involved a child as a victim, as specified. Existing law requires the information obtained pursuant to the computerized database system to be kept confidential and to be used solely for the prevention, identification, management, or treatment of child abuse, child neglect, or both. This bill would permit the information to be used for the provision of child welfare services. This bill would also provide that any person knowingly and intentionally violating the above confidentiality requirements shall be subject to prescribed administrative and civil penalties. Existing law makes all information and records obtained in the course of providing intake assessment and services under statutes relating to services for persons with developmental disabilities and persons with mental illness confidential, and permits disclosure only under prescribed conditions, including, but not limited to, the courts as necessary to the administration of justice. This bill would recast some, but not all, related confidentiality provisions, to provide that the above information, if relevant to the provision of child welfare services, as defined, or the investigation, prevention, identification, management, or treatment of child abuse or neglect, may be disclosed to multidisciplinary personnel teams. This bill would also recast some, but not all, related confidentiality provisions to expressly prohibit this information from being used in a criminal or delinquency proceeding, but that evidence identical to the information contained within the records is admissible if obtained by other means as permitted by law. Existing law permits a psychotherapist, when the psychotherapist opines that a patient presents a serious danger of violence to a reasonably foreseeable victim or victims, to release mental health information or records to that person or persons, and to law enforcement agencies. This bill would recast some, but not all, related confidentiality provisions to permit a psychotherapist to release the information or records to county child welfare agencies. By imposing a higher level of service on local government this bill would impose a state-mandated local program. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Los Angeles. This bill would incorporate changes to Section 18961.5 of the Welfare and Institutions Code made by AB 2229, to become operative only if both this bill and AB 2229 are enacted and become effective on or before January 1, 2011, and this bill is enacted last. 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. This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 551, Statutes of 2010.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 2:30 p.m.

  4. Senate amendments concurred in. To enrollment. (Ayes 77. Noes 0. Page 6582.)

  5. Assembly Rule 77 suspended. (Page 6558.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 25 pursuant to Assembly Rule 77.

  7. Read third time. Urgency clause adopted. Passed and to Assembly. (Ayes 36. Noes 0. Page 4792.)

  8. Read second time. To third reading.

  9. Read third time, amended. To second reading.

  10. Read second time. To third reading.

  11. From committee: Do pass. (Ayes 8. Noes 0.) (August 9).

  12. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

  13. In committee: Hearing postponed by committee.

  14. Read second time and amended. Re-referred to Com. on APPR.

  15. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (June 30).

  16. Testimony taken. Hearing postponed by Committee.

  17. Referred to Com. on HUMAN S.

  18. In Senate. Read first time. To Com. on RLS. for assignment.

  19. Read third time. Urgency clause adopted. Passed and to Senate. (Ayes 77. Noes 0. Page 5393.)

  20. Ordered to third reading.

  21. From Consent Calendar.

  22. Read second time. To Consent Calendar.

  23. From committee: Do pass. To Consent Calendar. (May 19).

  24. Re-referred to Com. on APPR.

  25. From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended.

  26. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 6. Noes 0.) (May 11).

  27. Re-referred to Com. on HUM. S.

  28. Read second time and amended.

  29. From committee: Amend, and re-refer to Com. on HUM. S. (Ayes 6. Noes 0.) (April 27).

  30. Referred to Com. on HUM. S.

  31. Read first time.

  32. From printer. May be heard in committee March 23.

  33. Introduced. To print.

Sponsors

  • Adams · Cosponsor
  • Bass · Cosponsor
  • Blumenfield · Cosponsor
  • Feuer · Primary
  • Hall · Cosponsor
  • Pavley · Cosponsor
  • Smyth · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 6 co-sponsors · 115 not signed on

Sponsors (1)

  • Feuer

Co-sponsors (6)

  • Adams
  • Bass
  • Blumenfield
  • Hall
  • Pavley
  • Smyth

Not signed on (115)

115 members have not signed on to this bill.

Show all 115 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 2322 FEUER Concurrence in Senate Amendments

Passed 89 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 83001
Democratic 3000
Republican 3000
Total 89001
% of votes cast 99%0%0%1%
How each member voted (90)
Member Party Vote
Carter — Yea
Chesbro — Yea
Evans — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Bill — Yea
Tom — Yea
Feuer — Yea
Charles — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Fong — Yea
Anderson — Yea
Bass — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
Fuentes — Yea
Fuller — Yea
Furutani — Yea
Garrick — Yea
Gilmore — Yea
Hagman — Yea
Hall — Yea
Harkey — Yea
Hernandez — Yea
Hill — Yea
Huffman — Yea
Jeffries — Yea
Knight — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Nava — Yea
Nestande — Yea
Norby — Not Voting
Ruskin — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Tran — Yea
Villines — Yea
Beall — Yea
Adams — Yea
Ammiano — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Lieu — Yea
Ma — Yea
Monning — Yea
Nielsen — Yea
Skinner — Yea
Torres — Yea
Eng — Yea
Davis — Yea
DeVore — Yea
Yamada — Yea
Galgiani — Yea
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Assembly 3rd Reading AB2322 Feuer Urgency Clause

Passed 37 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 34003
Democratic 2000
Republican 1000
Total 37003
% of votes cast 93%0%0%8%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Cedillo — Yea
Florez — Yea
Harman — Not Voting
Hollingsworth — Yea
Huff — Yea
Leno — Yea
Liu — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Cogdill — Yea
Corbett — Yea
Correa — Yea
Ducheny — Yea
Dutton — Yea
McLeod — Yea
Oropeza — Not Voting
Pavley — Yea
Romero — Yea
Simitian — Yea
Walters — Yea
Ashburn — Yea
Blakeslee — Yea
Wolk — Yea
Wright — Yea
Aanestad — Yea
Alquist — Yea
Kehoe — Yea
Price — Yea
Steinberg — Yea
Wiggins — Not Voting
Wyland — Yea
Emmerson — Yea
DeSaulnier — Yea
Denham — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 8 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 8003
Total 8003
% of votes cast 73%0%0%27%
How each member voted (11)
Member Party Vote
Wyland — Not Voting
Yee — Yea
Kehoe — Yea
Ashburn — Yea
Wolk — Yea
Alquist — Yea
Leno — Yea
Price — Yea
Walters — Not Voting
Corbett — Not Voting
Emmerson — Yea

Official roll call →

AB 2322 FEUER Third Reading Urgency

Passed 87 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 82003
Democratic 3000
Republican 2001
Total 87004
% of votes cast 96%0%0%4%
How each member voted (91)
Member Party Vote
Hall — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Davis — Yea
Bill — Yea
Charles — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Anderson — Yea
Bass — Yea
Beall — Yea
Yamada — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
John — Yea
A. — Yea
Perez — Yea
Tom — Not Voting
Audra — Not Voting
Feuer — Yea
Fuentes — Yea
Furutani — Yea
Galgiani — Yea
Gilmore — Yea
Hagman — Yea
Hayashi — Yea
Hernandez — Yea
Hill — Yea
Huffman — Yea
Knight — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nestande — Yea
Norby — Yea
Ruskin — Yea
Skinner — Yea
Smyth — Yea
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Tran — Yea
Adams — Yea
Ammiano — Yea
Blakeslee — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Huber — Yea
Jeffries — Yea
Lieu — Yea
Logue — Yea
Ma — Yea
Nava — Yea
Nielsen — Yea
Silva — Yea
Solorio — Yea
Torres — Yea
Villines — Yea
Emmerson — Yea
Eng — Yea
Evans — Yea
DeVore — Yea
Fuller — Yea
Garrick — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Not Voting
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Not Voting

Official roll call →

Do pass, to Consent Calendar.

Passed 17 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 16002
Democratic 1000
Total 17002
% of votes cast 89%0%0%11%
How each member voted (19)
Member Party Vote
Hall — Yea
Charles — Yea
Harkey — Yea
De — Not Voting
Leon — Not Voting
Conway — Yea
Coto — Yea
Bradford — Yea
Davis — Yea
Miller — Yea
Norby — Yea
Solorio — Yea
Hill — Yea
Nielsen — Yea
Skinner — Yea
Torlakson — Yea
Torrico — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

What does AB 2322 do?
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 programs are generally permitted to be disclosed for purposes related to the administration of those programs and for other prescribed purposes. Under existing law, counties are authorized to establish multidisciplinary personnel teams trained in the prevention, identification, or treatment of child abuse and neglect cases, or the abuse of elder or dependent persons. Existing law provides, for purposes of the disclosure of information, that 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 recast these provisions to provide that activities of multidisciplinary personnel teams engaged in the prevention, identification, management, or treatment of child abuse or neglect, or the prevention, identification, management, or treatment of the abuse of an elder or dependent person, are activities performed in the administration of public social services. Existing law provides that testimony about discussions relative to the disclosure or exchange of the information or writings during multidisciplinary personnel team meetings is not admissible in any criminal, civil, or juvenile court proceeding. Existing law also provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which each county provides cash assistance and other benefits to qualified low-income families. This bill would include in the definition of a multidisciplinary personnel team CalWORKs case managers, and social workers with experience or training in child abuse or neglect prevention, identification, management, or treatment. This bill would also include information relevant to the provision of child welfare services, as defined, as information that may be disclosed and exchanged by a multidisciplinary personnel team. Because the California Constitution provides that a statute excluding relevant evidence in a criminal proceeding requires a 23 vote for passage by the Legislature, this bill requires a 23 vote. Existing law permits a county to establish a computerized database system to allow provider agencies, as defined, to share specified information regarding families at risk for child abuse or neglect for the purpose of forming a multidisciplinary personnel team to prevent, identify, manage, or treat child abuse. This bill would require the database to include information about persons living in a child's home and a contact person instead of the employee assigned to the case from a provider agency. This bill would require a county that establishes this database system to install database system controls to monitor system use and to detect any violations of the system controls. This bill would in addition, with respect to the County of Los Angeles, authorize the database to include information about convictions of family members or persons living in the child's home for crimes that involved a child as a victim, as specified. Existing law requires the information obtained pursuant to the computerized database system to be kept confidential and to be used solely for the prevention, identification, management, or treatment of child abuse, child neglect, or both. This bill would permit the information to be used for the provision of child welfare services. This bill would also provide that any person knowingly and intentionally violating the above confidentiality requirements shall be subject to prescribed administrative and civil penalties. Existing law makes all information and records obtained in the course of providing intake assessment and services under statutes relating to services for persons with developmental disabilities and persons with mental illness confidential, and permits disclosure only under prescribed conditions, including, but not limited to, the courts as necessary to the administration of justice. This bill would recast some, but not all, related confidentiality provisions, to provide that the above information, if relevant to the provision of child welfare services, as defined, or the investigation, prevention, identification, management, or treatment of child abuse or neglect, may be disclosed to multidisciplinary personnel teams. This bill would also recast some, but not all, related confidentiality provisions to expressly prohibit this information from being used in a criminal or delinquency proceeding, but that evidence identical to the information contained within the records is admissible if obtained by other means as permitted by law. Existing law permits a psychotherapist, when the psychotherapist opines that a patient presents a serious danger of violence to a reasonably foreseeable victim or victims, to release mental health information or records to that person or persons, and to law enforcement agencies. This bill would recast some, but not all, related confidentiality provisions to permit a psychotherapist to release the information or records to county child welfare agencies. By imposing a higher level of service on local government this bill would impose a state-mandated local program. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Los Angeles. This bill would incorporate changes to Section 18961.5 of the Welfare and Institutions Code made by AB 2229, to become operative only if both this bill and AB 2229 are enacted and become effective on or before January 1, 2011, and this bill is enacted last. 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. This bill would declare that it is to take effect immediately as an urgency statute.
Who sponsors AB 2322?
AB 2322 is sponsored by Adams, Bass, Blumenfield, Feuer, Hall, Pavley, and Smyth.
What is the current status of AB 2322?
This bill has been enacted into law. Introduced February 19, 2010. Enacted.
Where can I track AB 2322?
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