AB 1435
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Date of Hearing: March 6, 2012
Counsel: Stella Choe
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 1435 (Dickinson) – As Amended: February 29, 2012
As Proposed to be Amended in Committee
SUMMARY: Makes athletic coaches, athletic administrators, and athletic directors employed by a public or private youth center, youth recreation program, or youth organization mandated reporters for the purposes of the Child Abuse and Neglect Reporting Act (CANRA).
Specifically, this bill:
1) States that an organization, as specified, shall, by July 1, 2014, provide initial training to each person employed as an athletic coach, administrator, or director on the following matters: a) The identification of child abuse and neglect; b) Activities that constitute inappropriate and illegal contact between a youth and an athletic coach, athletic administrator or athletic director; and, c) The responsibilities of a person identified as a mandated reporter in this section, including, but not limited to, all of the following: i) To whom a report is required to be made; ii) The information that is required to be included in a report; and, iii) The time within which a mandated reporter is required to file a report.
2) Requires the initial training to consist of at least two hours of classroom or other interactive training and education provided by persons knowledgeable in the identification of child abuse and neglect, inappropriate and illegal contact between a youth and an adult, and statutory reporting requirements.
3) Provides that, on and after July 1, 2014, an organization, as specified, shall provide initial training within six months of the date that an individual is employed as an athletic coach, administrator, or director, unless the individual received training within two years prior to the date that the individual is employed by the organization.
4) Provides that an individual employed as an athletic coach, administrator, or director who has completed initial training shall complete continuing training every two years; and this training shall consist of at least one hour of classroom or other interactive training and education.
EXISTING LAW:

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1) Defines "mandated reporter" under CANRA as any of the following: a teacher; an instructional aide; a teacher's aide or teacher's assistant employed by any public or private school; a classified employee of any public school; an administrative officer or supervisor of child welfare and attendance, or a certificated pupil personnel employee of any public or private school; an administrator of a public or private day camp; an administrator or employee of a public or private youth center, youth recreation program, or youth organization; an administrator or employee of a public or private organization whose duties require direct contact and supervision of children; any 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; a licensee, an administrator, or an employee of a licensed community care or child day care facility; a Head Start program teacher; a licensing worker or licensing evaluator employed by a licensing agency as defined; a public assistance worker; an employee of a child care institution, including, but not limited to, foster parents, group home personnel, and personnel of residential care facilities; a social worker, probation officer, or parole officer; an employee of a school district police or security department; any person who is an administrator or presenter of, or a counselor in, a child abuse prevention program in any public or private school; a district attorney investigator, inspector, or local child support agency caseworker unless the investigator, inspector, or caseworker is working with an attorney appointed to represent a minor; a peace officer, as defined, who is not otherwise described in this section; a firefighter, except for volunteer firefighters; 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 as a health care professional as specified; any emergency medical technician I or II, paramedic, or other person certified to provide emergency medical services; a registered psychological assistant; a marriage and family therapist trainee, as defined; a registered unlicensed marriage and family therapist intern; a state or county public health employee who treats a minor for venereal disease or any other condition; a coroner; a medical examiner, or any other person who performs autopsies; a commercial film and photographic print processor, as defined; a child visitation monitor, as defined; an animal control officer or humane society officer, as defined; a clergy member, as defined; any custodian of records of a clergy member, as specified; any employee of any police department, county sheriff's department, county probation department, or county welfare department; an employee or volunteer of a Court
Appointed Special Advocate program, as defined; any custodial officer, as defined; any person providing services to a minor child, as specified; an alcohol and drug counselor, as defined; a clinical counselor trainee, as defined; and a registered clinical counselor intern.
[Penal Code Section 11165.7(a).]
2) Provides that volunteers of public or private organizations, except a volunteer of a Court
Appointed Special Advocate program, whose duties require direct contact with and supervision of children are not mandated reporters but are encouraged to obtain training in the identification and reporting of child abuse and neglect and are further encouraged to report known or suspected instances of child abuse or neglect to a specified agency. [Penal
Code Section 11165.7(b).]
3) Strongly encourages employers to provide their employees who are mandated reporters with training in the duties imposed by CANRA. This training shall include training in child abuse and neglect identification and training in child abuse and neglect reporting. Whether or not

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Page 3 employers provide their employees with training in child abuse and neglect identification and reporting, the employers shall provide their employees who are mandated reporters with a statement that informs the employee that he or she is a mandated reporter and informs the employee of his or her reporting obligations and of his or her confidentiality rights. [Penal
Code Section 11165.7(c).]
4) Encourages public and private organizations to provide their volunteers whose duties require direct contact with and supervision of children with training in the identification and reporting of child abuse and neglect. [Penal Code Section 11165.7(f).]
5) Requires a mandated reporter to make a report to a specified agency whenever the mandated reporter, in his or her professional capacity or within the scope of his or her employment, has knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. The mandated reporter shall make an initial report to the agency immediately or as soon as is practicably possible by telephone and the mandated reporter shall prepare and send, fax, or electronically transmit a written followup report thereof within 36 hours of receiving the information concerning the incident. The mandated reporter may include with the report any nonprivileged documentary evidence the mandated reporter possesses relating to the incident. [Penal Code Section 11166(a).]
6) Any mandated reporter who fails to report an incident of known or reasonably suspected child abuse or neglect as required by this section is guilty of a misdemeanor punishable by up to six months confinement in a county jail or by a fine of one thousand dollars ($1,000) or by both that imprisonment and fine. If a mandated reporter intentionally conceals his or her failure to report an incident known by the mandated reporter to be abuse or severe neglect under this section, the failure to report is a continuing offense until a specified agency discovers the offense. [Penal Code Section 11166(c).]
7) Defines "child" under CANRA to mean person under the age of 18 years. (Penal Code
Section 11165.)
8) Defines "child abuse or neglect" under CANRA to include physical injury or death inflicted by other than accidental means upon a child by another person, sexual abuse as defined, neglect as defined, the willful harming or injuring of a child or the endangering of the person or health of a child as defined, and unlawful corporal punishment or injury as defined.
"Child abuse or neglect" does not include a mutual affray between minors. "Child abuse or neglect" does not include an injury caused by reasonable and necessary force used by a peace officer acting within the course and scope of his or her employment as a peace officer.
(Penal Code Section 11165.6.)
9) Requires any person who reasonably believes that he or she has observed the commission of any of the following offenses where the victim is a child under the age of 14 years shall notify a peace officer: a) Murder; b) Rape; and,

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Page 4 c) Any lewd or lascivious act upon or with the body, or any part or member thereof, of a child with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child by use of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person. [Penal Code
Section 152.3(a).]
10) States that the failure to notify as required pursuant to the provisions above is a misdemeanor and is punishable by a fine of not more than $1,500, by imprisonment in a county jail for not more than six months, or by both that fine and imprisonment. [Penal Code Section 152.3(c).]
11) Excludes from the reporting requirements above the following: a) A person who is related to either the victim or the offender, including a husband, wife, parent, child, brother, sister, grandparent, grandchild, or other person related by consanguinity or affinity; b) A person who fails to report based on a reasonable mistake of fact; and, c) A person who fails to report based on a reasonable fear for his or her own safety or for the safety of his or her family. [Penal Code Section 152.3(e).]
FISCAL EFFECT: Unknown
COMMENTS:
1) Author's Statement: According to the author, "A number of recent events involving instances of sexual abuse between athletic coaches and youth whom coaches instruct, has focused attention as to whether coaches have the proper training about what constitutes sexual abuse of minors, and what to do if they, as coaches, become aware of a youth who is or has been the subject of abuse. Perhaps the highest profile event concerned the late Penn State football coach, Joe Paterno, who claimed in an interview, that upon receiving a report of another coach who was abusing youth 'I didn’t know exactly how to handle it . . . ' Recently, an article in the Sacramento Bee identified at least a half dozen cases of improper contact and sexual abuse between coaches and youth who were in their charge, in the Sacramento region alone, within a six month period. These and other reports have underscored shortcomings in both the state’s mandated reporter law…coaches are not explicitly covered, and a lack of training and education of athletic coaches, administrators and directors, in terms of what is inappropriate and illegal behavior, and what to do if they become aware of such behavior.
"California has taken the lead in making sure people are safe in their workplace and that their civil rights are protected. For example, the state has mandated employers provide sexual harassment training in organizations that employ 50 or more workers. It is equally, or even more important that children are similarly protected and that every precaution be taken to ensure that goal, especially when youth are in situations of trust such as that which exists between a coach and children they instruct. In that regard, closing the coaching gap in
California’s Mandated Reporter law and requiring athletic coaches, administrators, and directors receive the sexual abuse and neglect training required by this legislation, takes a big step forward in achieving that goal."

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2) Background: According to information provided by the author, "Currently, people working in a variety of professions are required to report instances of child sexual abuse and neglect.
However, there is a gap in current law. Athletic coaches, administrators and directors are not specifically cited in the current statute. Athletic coaches hold a particularly high position of trust with the youth they work with, and there should be no mistake or confusion that coaches, administrators and athletic directors should be included as Mandated Reporters.
"While current law encourages organizations to train employees who are listed as Mandated
Reporters, there is no requirement to do so. In light of recent events involving athletic coaches and their supervisors failing to make timely reports of instances of child abuse and neglect, it is imperative that training in the identification and reporting of child abuse be required, not just encouraged, as well as training and education about what constitutes inappropriate and illegal contact between an athletic coach, administrator or director, and a youth."
3) Penal Code Section 152.3: Under Penal Code Section 152.3, any person who reasonably believes that he or she has observed the commission of rape or a forcible lewd or lascivious act upon a child under the age of 14, shall notify a peace officer. Failure to notify a peace officer is punishable by a fine of not more than $1,500, by imprisonment in a county jail for not more than six months, or by both that fine and imprisonment. Regardless of whether an individual is deemed a mandated reporter for the purposes of CANRA, any person who witnesses rape or a forcible lewd or lascivious act upon a child under the age of 14 is required under current law to notify a peace officer, and faces criminal prosecution if he or she fails to do so.
4) Rise in Incidents of Child Sex Abuse? According to a recent news article, "The overwhelming media coverage after the arrest of Miramonte Elementary School teacher
Mark Berndt for allegedly spoon-feeding his semen to blindfolded children has intensified discussion among school officials, parents and children about abuse. But whether more children are being abused or more abusers are being caught is difficult to say. Law enforcement officials stressed that they don't believe that more abuse is occurring. Rather, the Miramonte episode has sparked some people to come forward and others to be more watchful, they say. Los Angeles Police Capt. Fabian E. Lizarraga, who oversees child sex crime investigations, said the department has seen an increase in allegations of 'child annoyance' more than of more serious sexual misconduct." [Winton, Blume, and Allen,
Spate of arrests shows rise in reporting, not in abuse, police say , L.A. Times (Jan. 24,
2012).]
A recent Sacramento Bee article named several coaches, pastors and school administrators in the Sacramento region who have been arrested or charged with molesting children. The article notes, however, that crime statistics indicate a decline in sex offenses against children.
"Through November, Sacramento police wrote 61 crime reports involving sex offenses against children, down 25 percent from the previous year, police data show. Officers took another 118 informal reports of sex offenses against minors, down 20 percent from the prior year. The Sacramento County Sheriff's Department also showed a decline in child sex offenses through the first 11 months of 2011, but the drop was slight." [Breaton, Mentors accused of child molestation betray our trust , Sacramento Bee (Jan. 15, 2012).]

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5) Argument in Support: According to the American Federation of State, County and
Municipal Employees (AFSCME) AFL-CIO, "Athletic coaches hold a particularly high position of trust with the youth they work with and as a result there should be no mistake or confusion that coaches, administrators and athletic directors should be included as Mandated
Reporters."
6) Related Legislation: a) AB 1434 (Feuer) makes an employee of a public or private institution of higher education a mandated reporter. AB 1434 will be heard by this Committee today. b) AB 1438 (Bradford) makes it a misdemeanor punishable by up to six months in the county jail to fail to report to a peace officer an instance of known or suspected child sexual abuse. AB 1438 will be heard by this Committee today. c) AB 1564 (Lara) makes volunteers of public and private organizations, including nonprofits, mandated reporters under CANRA, and revokes a non-profit's tax exempt status if an employee or volunteer fails to report an instance of known or suspected child abuse.
AB 1564 will be heard by this Committee today. d) AB 1628 (Beall) makes technical, non-substantive changes to the Child Abuse and
Neglect Reporting Act. AB 1628 is pending rereferral by the Assembly Rules
Committee. e) AB 1713 (Campos) expands the list of persons identified as mandated reporters to include commercial-film and photographic-print or image processors, and also expands the list of media to which CANRA provisions apply to include, among other things, any representation of information, data, or an image. AB 1713 has not yet been set for hearing by this Committee. f) AB 1817 (Atkins) expands the list of persons identified as mandated reporters to include commercial computer technicians. AB 1817 has not yet been set for hearing by this
Committee. g) SB 1264 (Vargas) expands the list of persons identified as mandated reporters to include athletic coaches at public or private postsecondary institutions, and increases the penalties for failure to report an incident. SB 1264 is pending referral by the Senate Rules
Committee.
7) Previous Legislation: a) SB 646 (Watson), Chapter 1444, Statutes of 1987, established CANRA, which requires specified persons who have knowledge of or observe a child in their professional capacity or within the scope of their employment, whom the person knows or reasonably suspects has been the victim of child abuse to report the known or suspected instance of child abuse to a child protective agency, as defined. b) AB 1241 (Rod Pacheco), Chapter 916, Statutes of 2000, expanded the list of mandated reporters and training requirements under CANRA, and required that specified additional

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Page 7 information be included in a report of suspected abuse or neglect. c) AB 525 (Chu), Chapter 701, Statutes of 2006, expanded the definition of "child abuse and neglect" to include instances in which a child suffers or is at substantial risk of suffering serious emotional damage. d) AB 673 (Hayashi), Chapter 393, Statutes of 2007, added death by other than accidental means to the definition of "child abuse and neglect," and clarified that a mandated reporter not acting in his or her private capacity or in the course and scope of his or her employment may report instances of known or suspected child abuse. e) AB 2380 (Lowenthal), Chapter 123, Statutes of 2010, clarified that a "reasonable suspicion" that a child has been a victim of child abuse or neglect does not require certainty that a child has been abused, and may be based on credible information from other individuals.
REGISTERED SUPPORT / OPPOSITION:
Support
American Federation of State, County, and
Municipal Employees (AFSCME), AFL-CIO
California Protective Parents Association
Child Abuse Prevention Center
Crime Victims United of California
Opposition
None
Analysis Prepared by: Stella Choe / PUB. S. / (916) 319-3744