Existing law makes it a crime for a person having the custody of any record, map, or book, or of any paper or proceeding of any court, filed or deposited in any public office, or placed in their hands for any purpose to steal, remove, secrete, destroy, mutilate, deface, alter, or falsify, or to allow another to do any of those acts, with regard to the whole, or any part of, the record, map, book, paper, or proceeding. Existing law provides that if those acts are done by an officer, it is a felony, punishable by imprisonment in the county jail for 2, 3, or 4 years, and, if done by a person who is not an officer, it is either a felony, punishable by imprisonment in the county jail for 16 months or 2 or 3 years, or a misdemeanor, punishable by imprisonment in the county jail not exceeding one year, by a fine not exceeding $1,000, or by both.
This bill would clarify that, for the purposes of these provisions, a social worker employed by a county child welfare department is not an officer.
Existing law establishes the jurisdiction of the juvenile court, which may adjudge a child to be a dependent or ward of the court under certain circumstances. Under existing law, if a child has been, or has a petition filed with the court to be, adjudged a dependent child of the court, and it appears the child needs immediate emergency treatment, a social worker may, without court order, authorize medical and other care for a child, to be provided by a licensed physician and surgeon or dentist, as applicable. Existing law requires, in this situation, the social worker to make reasonable efforts to obtain the consent of, or to notify, the parent, guardian, or person standing in loco parentis prior to authorizing care.
This bill would require, if it reasonably appears that the child is in that situation, the social worker to take reasonable steps to obtain emergency care for the child. The bill would additionally require the social worker, if the social worker knows, or there is reason for the social worker to know, that the child is an Indian child, the social worker to notify the child's tribe as soon as reasonably possible when securing emergency care. By increasing the duties of social workers, 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.

Statutes affected:
AB2304: 6201 GOV, 6201 GOV, 369 WIC, 369 WIC, 132 PEN
02/19/26 - Introduced: 132 PEN
03/23/26 - Amended Assembly: 6201 GOV, 6201 GOV, 369 WIC, 369 WIC, 132 PEN
04/16/26 - Amended Assembly: 6201 GOV, 369 WIC
06/15/26 - Amended Senate: 6201 GOV, 369 WIC
06/24/26 - Amended Senate: 6201 GOV, 369 WIC
08/13/26 - Amended Senate: 6201 GOV, 369 WIC
AB 2304: 132 PEN