AB 489

Introduction

This bill recodifies the child abuse and neglect reporting law for clarity and

organization. The bill also makes various changes with respect to the categories of

mandatory reporters of suspected abuse and neglect of children, eliminates an

exception to the child abuse reporting requirement for certain health care providers

when the abuse consists of sexual intercourse or contact involving a child, and

amends the definitions of "abuse" and "neglect" for purposes of the child abuse and

neglect reporting requirement.

Persons Mandated to Report; Training

Current law requires certain professionals to report suspected abuse and

neglect of children. A person who is mandated to report must do so if he or she has

reasonable cause to suspect that a child seen by the person in the course of

professional duties has been abused or neglected or has reason to believe that a child

seen by the person in the course of professional duties has been threatened with

abuse or neglect and that abuse or neglect of the child will occur. Mandated reporters

are subject to criminal penalties if they fail to report.

Under current law, all school employees are required to report suspected child

abuse or neglect. In addition to generally requiring all school employees to report

suspected abuse or neglect, current law also specifies that school teachers, school

administrators, and school counselors are mandated reporters.

The bill makes the following changes to the categories of mandated reporters:

1. Adds probation agents and parole agents to the list of professionals who are

mandated to report suspected abuse or neglect.

2. With respect to school personnel, amends the current requirement that all

school employees report suspected abuse or neglect to apply the reporting

requirement to school employees, volunteers, and contractors who work directly with

children for at least 40 hours in a school year.

3. Exempts from the obligation to report: a) children; and b) students who have

not yet graduated from high school.

4. Deletes the provisions referring specifically to school teachers,

administrators, and counselors because these professionals are covered under the

provision requiring certain school employees, volunteers, and contractors to report.

5. Adds to the list of persons required to report suspected child abuse or neglect

employees, volunteers, and contractors of an institution of higher education, other

than children, who have regular, ongoing contact with children, other than

matriculated students, in a professional or primary setting.

Under current law, each school board must require every employee of the school

district governed by the school board to receive training, provided by the Department

of Public Instruction, in identifying children who have been abused or neglected and

the laws and procedures related to mandated reporters. This bill expands this