AB601 - Child abuse: reporting.

Amended IN Assembly April 10, 2025 Amended IN Assembly March 25, 2025 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Assembly Bill No. 601 Introduced by Assembly Member Jackson February 13, 2025 An act to amend Section 11165.7 of the Penal Code, and to amend Sections 16504, 16587, and 16589 of, and to add Sections 10606.4, 16544.5, and 18950.1 to, and to add and repeal Section 10606.5 of, 16544.5 and 18950.1 to, the Welfare and Institutions Code, relating to child abuse. LEGISLATIVE COUNSEL'S DIGEST AB 601, as amended, Jackson. Child abuse: reporting. 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 reasonably suspected child abuse or neglect to a local law enforcement agency or a county welfare or probation department, as specified. This bill would require the State Department of Social Services, through the State Office of Child Abuse Prevention, to, by no later than July 1, 2027, develop a standardized curriculum for mandated reporters, and to make that training available on its internet website. The bill would require all employers of mandated reporters to require those mandated reporters receive that training within the first 3 months of their employment, as specified. The bill would authorize the State Department of Social Services to audit records of any agency or organization employing a mandated reporter, and would authorize the department to seek a court order to require compliance with these provisions from any employer who violates these provisions. The bill would also require every county welfare services department to ensure all child welfare department social workers operating the county’s response system receive the training. would, except as provided, require an employer having one or more mandated reporters to ensure completion of the training within the first 3 months of the mandated reporter’s employment, or on or before March 1, 2030, whichever is later. The bill would require completion of the training to be documented in a manner that would allow the department to verify completion upon request. This bill would require the State Department of Social Services to monitor disparities in the child welfare system and submit a report on those disparities, and on the development of the training requirements of this bill, on or before January 1, 2027. The bill would additionally require the State Department of Social Services and the State Department of Health Care Services to provide updates every 90 days to specified legislative committees on guidance to counties with respect to payer of last resort federal requirements and revenue maximization of specified funding sources for services related to these provisions, until those committees make findings that this requirement has been met. Existing law establishes the California Child Welfare Council to serve as an advisory board responsible for improving the collaboration and processes of the multiple agencies and the courts that serve the children and youth in the child welfare and foster care systems. Existing law requires the council to monitor and report the extent to which child welfare and foster care programs and the courts are responsive to the needs of children in their joint care. This bill would require the California Child Welfare Council to establish a Mandated Reporting Advisory Committee, as specified, and would state the intent of the Legislature that the committee ensure the transformation of mandated reporting to community supporting continues and disparities in the child welfare system are eliminated. The federal Family First Prevention Services Act provides a state with the option to use certain federal funds to provide mental health and substance abuse prevention and treatment services and in-home parent skill-based programs to a child who is a candidate for foster care or a child in foster care who is a pregnant or parenting foster youth, as specified. Existing state law authorizes a county to elect to provide those prevention services by providing a written plan to the State Department of Social Services, which has oversight of the Family First Prevention Services program. Existing law requires the county to consult with other relevant county agencies, as specified, in the development of the plan. The bill would require each county’s written plan to include the county’s plans to provide information for mandated reporters regarding resources available to support families in their communities. By imposing additional duties on counties, 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 Text The people of the State of California do enact as follows: SECTION 1. 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 a public or private school. (4) A classified employee of a public school. (5) An administrative officer or supervisor of child welfare and attendance, or a certificated pupil personnel employee of a 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, board member, or employee of a public or private organization whose duties require direct contact and supervision of children, including a foster family agency. (9) An 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 daycare 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 childcare 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) A person who is an administrator or presenter of, or a counselor in, a child abuse prevention program in a 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) An 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 associate marriage and family therapist 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 other person who performs autopsies. (29) A commercial film and photographic print or image processor as specified in subdivision (e) of Section 11166. As used in this article, “commercial film and photographic print or image processor” means a person who develops exposed photographic film into negatives, slides, or prints, or who makes prints from negatives or slides, or who prepares, publishes, produces, develops, duplicates, or prints any representation of information, data, or an image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disk, data storage medium, CD-ROM, computer-generated equipment, or computer-generated image, for compensation. The term includes any employee of that person; it does not include a person who develops film or makes prints or images for a public agency. (30) A child visitation monitor. As used in this article, “child visitation monitor” means a person who, for financial compensation, acts as a monitor of a visit between a child and another 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 a 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 a 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) An 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 5.655 of the California Rules of Court. (36) A custodial officer, as defined in Section 831.5. (37) A 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) An associate professional clinical counselor registered under Section 4999.42 of the Business and Professions Code. (41) An employee or administrator of a public or private postsecondary educational institution, whose duties bring the administrator or employee into contact with children on a regular basis, or who supervises those whose duties bring the administrator or employee into contact with children on a regular basis, as to child abuse or neglect occurring on that institution’s premises or at an official activity of, or program conducted by, the institution. Nothing in this paragraph shall be construed as altering the lawyer-client privilege as set forth in Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code. (42) An athletic coach, athletic administrator, or athletic director employed by any public or private school that provides any combination of instruction for kindergarten, or grades 1 to 12, inclusive. (43) (A) A commercial computer technician as specified in subdivision (e) of Section 11166. As used in this article, “commercial computer technician” means a person who works for a company that is in the business of repairing, installing, or otherwise servicing a computer or computer component, including, but not limited to, a computer part, device, memory storage or recording mechanism, auxiliary storage recording or memory capacity, or any other material relating to the operation and maintenance of a computer or computer network system, for a fee. An employer who provides an electronic communications service or a remote computing service to the public shall be deemed to comply with this article if that employer complies with Section 2258A of Title 18 of the United States Code. (B) An employer of a commercial computer technician may implement internal procedures for facilitating reporting consistent with this article. These procedures may direct employees who are mandated reporters under this paragraph to report materials described in subdivision (e) of Section 11166 to an employee who is designated by the employer to receive the reports. An employee who is designated to receive reports under this subparagraph shall be a commercial computer technician for purposes of this article. A commercial computer technician who makes a report to the designated employee pursuant to this subparagraph shall be deemed to have complied with the requirements of this article and shall be subject to the protections afforded to mandated reporters, including, but not limited to, those protections afforded by Section 11172. (44) Any athletic coach, including, but not limited to, an assistant coach or a graduate assistant involved in coaching, at public or private postsecondary educational institutions. (45) An individual certified by a licensed foster family agency as a certified family home, as defined in Section 1506 of the Health and Safety Code. (46) An individual approved as a resource family, as defined in Section 1517 of the Health and Safety Code and Section 16519.5 of the Welfare and Institutions Code. (47) A qualified autism service provider, a qualified autism service professional, or a qualified autism service paraprofessional, as defined in Section 1374.73 of the Health and Safety Code and Section 10144.51 of the Insurance Code [Text truncated for display. Full text available on Congress.gov.]