California 2019-2020 Regular Session Status: In Committee Bipartisan · 2 D · 1 R cosponsors

AB 395 — Child abuse or neglect: foster children.

Last action — From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

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

This bill died with 2019-2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law, the Child Abuse and Neglect Reporting Act, establishes procedures for the reporting and investigation of suspected child abuse or neglect. The act requires certain professionals, including specified health practitioners and social workers, known as "mandated reporters," to report known or suspected child abuse or neglect to a local law enforcement agency or a county welfare or probation department, as specified. Existing law states the Legislature's intent that those receiving agencies in each county develop and implement cooperative arrangements in order to coordinate existing duties in connection with the investigation of suspected child abuse or neglect cases, and requires the local law enforcement agency to report investigations of suspected child abuse or neglect to the county welfare or probation department within 36 hours after starting its investigation. Existing law generally provides for the placement of children in foster care, and provides for the licensure and regulation by the State Department of Social Services of certain community care facilities that provide care for foster children, including short-term residential therapeutic programs and transitional housing placement providers. Existing law requires the agencies receiving mandated reports, within 24 hours of receiving a report of abuse alleged to have occurred in facilities licensed to care for children by the department, to notify the licensing office with jurisdiction over that facility. Existing law makes reports of child abuse or neglect confidential and limits the disclosure of the reports to certain individuals or entities. This bill would require certain agencies to develop and implement protocols for coordinating investigations of alleged child abuse and neglect involving children under the jurisdiction of the juvenile court. The bill would require, when an agency receives a report that contains a report of abuse or neglect alleged to have occurred in a resource family home, foster family home, certified foster home, the home of an approved relative or nonrelative extended family member, or a facility licensed to care for children by the department, to notify the licensing office or agency with oversight responsibility over the home or facility within the 24-hour period described above. This bill would require, whenever the department or another agency with oversight responsibility over a home or facility becomes aware of an allegation of abuse or neglect to cooperate with other agencies to coordinate existing duties in connection with the investigation and to complete the investigation no later than 45 days after receiving notice of the allegation. The bill would establish standards and protocols for the conduct of the investigation, including, among other things, requiring a face-to-face interview in private with the victim of child abuse or neglect separate and apart from the suspected offender. The bill would require, upon completion of the investigation, the approving agency or the licensing agency to send a copy of its investigation report to the Office of the State Foster Care Ombudsperson. The bill would require that office to review a representative sample of the investigations annually and include determinations of the extent to which the investigations complied with the investigation protocols. The bill would authorize that office to make recommendations for the improvement of those protocols based on the determinations. The bill would require the department to, at a minimum, annually report to the Legislature and post on its internet website, a statewide summary of these investigations, as specified. The bill would also add the Office of the State Foster Care Ombudsperson, as specified, to the list of individuals and entities to which reports may be disclosed, and would delete obsolete provisions. By imposing new duties on local officials, the 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Bill Text

Action History

  1. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

  2. Died pursuant to Art. IV, Sec. 10(c) of the Constitution.

  3. In committee: Held under submission.

  4. In committee: Hearing postponed by committee.

  5. In committee: Set, first hearing. Referred to APPR. suspense file.

  6. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 8. Noes 0.) (April 23). Re-referred to Com. on APPR.

  7. From committee: Do pass and re-refer to Com. on PUB. S. (Ayes 8. Noes 0.) (April 9). Re-referred to Com. on PUB. S.

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

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

  10. In committee: Hearing postponed by committee.

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

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

  13. In committee: Set, first hearing. Hearing canceled at the request of author.

  14. Referred to Coms. on HUM. S. and PUB. S.

  15. From printer. May be heard in committee March 9.

  16. Read first time. To print.

Sponsors

Sponsorship breakdown

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

Sponsors (1)

Co-sponsors (6)

Not signed on (115)

115 members have not signed on to this bill.

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"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

Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar

Passed 8 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 2000
Unaffiliated 5000
Republican 1000
Total 8000
% of votes cast 100%0%0%0%
How each member voted (8)
Member Party Vote
Santiago — Yea
Kamlager-Dove — Yea
Quirk — Yea
Jones-Sawyer — Yea
Diep — Yea
Bauer-Kahan, Rebecca Democratic Yea
Wicks, Buffy Democratic Yea
Lackey, Tom Republican Yea

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Subjects

public-safety civil-rights labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 395 do?
Existing law, the Child Abuse and Neglect Reporting Act, establishes procedures for the reporting and investigation of suspected child abuse or neglect. The act requires certain professionals, including specified health practitioners and social workers, known as "mandated reporters," to report known or suspected child abuse or neglect to a local law enforcement agency or a county welfare or probation department, as specified. Existing law states the Legislature's intent that those receiving agencies in each county develop and implement cooperative arrangements in order to coordinate existing duties in connection with the investigation of suspected child abuse or neglect cases, and requires the local law enforcement agency to report investigations of suspected child abuse or neglect to the county welfare or probation department within 36 hours after starting its investigation. Existing law generally provides for the placement of children in foster care, and provides for the licensure and regulation by the State Department of Social Services of certain community care facilities that provide care for foster children, including short-term residential therapeutic programs and transitional housing placement providers. Existing law requires the agencies receiving mandated reports, within 24 hours of receiving a report of abuse alleged to have occurred in facilities licensed to care for children by the department, to notify the licensing office with jurisdiction over that facility. Existing law makes reports of child abuse or neglect confidential and limits the disclosure of the reports to certain individuals or entities. This bill would require certain agencies to develop and implement protocols for coordinating investigations of alleged child abuse and neglect involving children under the jurisdiction of the juvenile court. The bill would require, when an agency receives a report that contains a report of abuse or neglect alleged to have occurred in a resource family home, foster family home, certified foster home, the home of an approved relative or nonrelative extended family member, or a facility licensed to care for children by the department, to notify the licensing office or agency with oversight responsibility over the home or facility within the 24-hour period described above. This bill would require, whenever the department or another agency with oversight responsibility over a home or facility becomes aware of an allegation of abuse or neglect to cooperate with other agencies to coordinate existing duties in connection with the investigation and to complete the investigation no later than 45 days after receiving notice of the allegation. The bill would establish standards and protocols for the conduct of the investigation, including, among other things, requiring a face-to-face interview in private with the victim of child abuse or neglect separate and apart from the suspected offender. The bill would require, upon completion of the investigation, the approving agency or the licensing agency to send a copy of its investigation report to the Office of the State Foster Care Ombudsperson. The bill would require that office to review a representative sample of the investigations annually and include determinations of the extent to which the investigations complied with the investigation protocols. The bill would authorize that office to make recommendations for the improvement of those protocols based on the determinations. The bill would require the department to, at a minimum, annually report to the Legislature and post on its internet website, a statewide summary of these investigations, as specified. The bill would also add the Office of the State Foster Care Ombudsperson, as specified, to the list of individuals and entities to which reports may be disclosed, and would delete obsolete provisions. By imposing new duties on local officials, the 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Who sponsors AB 395?
AB 395 is sponsored by Chu, Gipson, Mike A. (Democratic), Lackey, Tom (Republican), Maienschein, Beall, Rubio, Blanca E. (Democratic), and Mark Stone.
What is the current status of AB 395?
This bill died with 2019-2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 395?
Track AB 395 free on One Click Politics — get push/email alerts when it moves.

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