Under existing law, the State Department of Human Resources investigates reports of child abuse and neglect and maintains a central registry that contains information relating to reports of child abuse and neglect. Under existing law, reports are classified as indicated if credible evidence substantiates that the accused is responsible for child abuse or neglect, and not indicated if credible evidence does not substantiate the accused's responsibility. Existing law defines child abuse as harm or threatened harm to a child's health or welfare, and neglect as negligent treatment or maltreatment of the child, including failure to provide adequate food, medical treatment, supervision, clothing, or shelter. This bill would revise the definition of child abuse as harm or imminent harm to the child's health or welfare, and neglect as negligent treatment or maltreatment where inadequate food, medical treatment, supervision, clothing, or shelter poses a substantial risk of harm to the child. This bill would require the department to notify the subject of an investigation that he or she is under investigation by the department for child abuse or neglect, subject to certain exemptions. This bill would require the department, after a preliminary finding that child abuse or neglect is indicated, to notify the subject of the finding, provide him or her with the opportunity for an investigative hearing. This bill would provide for certain due process rights for the subject during the investigative hearing and require the department to notify each accused individual of those rights. This bill would prohibit indicated reports of child abuse or neglect from placement on the registry unless the finding is confirmed by an investigative hearing or the subject waives his or her opportunity for an investigative hearing. This bill would prohibit law enforcement from relying on an indicated report of child abuse or neglect to establish probable cause for a criminal warrant, and would specify that no criminal warrant relying in whole or in part on an indicated report may be executed unless it is returned for indictment by a grand jury. This bill would prohibit the department from including any not indicated reports of child abuse and neglect, or related information, on the central registry, and would require the department to remove any such reports from the registry. This bill would prohibit the disclosure of any records relating to a not indicated report of child abuse and neglect. This bill would require the department to vacate any finding that child abuse or neglect is indicated if a court of competent jurisdiction dismisses a criminal charge based on the same allegations and, if the child's parent or guardian was the subject of the dismissed charge, would require the child to be immediately reunited with his or her parent. Existing law allows the department to order immediate removal of a child who is the subject of a report if good cause is shown that removal is necessary to protect the child from further abuse or neglect. This bill would allow the removal if credible evidence that the removal is necessary to protect the child from further abuse or neglect. This bill would define the term "credible evidence" to mean evidence that is either corroborated by a third party who is not employed by or contracted with the department or unambiguous physical evidence. This bill would require investigators to consider certain factors relating to the well-being of the child, availability of services, alternatives to removal, and the immediacy of the harm before a child may be removed from his or her home due to a report of child abuse or neglect. This bill would require the department employees involved with investigations of child abuse or neglect to undergo training. This bill would require the department to annually prepare and distribute a report relating to child abuse and neglect investigations. This bill would also delete duplicative language and make nonsubstantive, technical revisions to update the existing code language to current style.

Statutes affected:
Introduced: 26-14-1, 26-14-3, 26-14-6, 26-14-7, 26-14-7, 26-14-8