Section 11166.02 Of Article 2.5. Child Abuse And Neglect Reporting Act From California Penal Code >> Title 1. >> Part 4. >> Chapter 2. >> Article 2.5.
11166.02
. (a) A county welfare agency, as determined in Section
10612.5 of the Welfare and Institutions Code, may develop a pilot
program for Internet-based reporting of child abuse and neglect. The
pilot program may receive reports by mandated reporters, as specified
in paragraph (5), of suspected child abuse or neglect and shall meet
all of the following conditions:
(1) The suspected child abuse or neglect does not indicate that
the child is subject to an immediate risk of abuse, neglect, or
exploitation or that the child is in imminent danger of severe harm
or death.
(2) The agency provides an Internet form that includes
standardized safety assessment qualifying questions in order to
obtain necessary information required to assess the need for child
welfare services and a response. The State Department of Social
Services shall provide guidance through written directives to
counties participating in the pilot program to incorporate qualifying
questions in the online report that would indicate the need to
redirect the mandated reporter to perform a telephone report.
(3) The mandated reporter is required to complete all required
fields, including identity and contact information of the mandated
reporter, in order to submit the report.
(4) The agency provides an Internet-based reporting system that
has appropriate security protocols to preserve the confidentiality of
the reports and any documents or photographs submitted through the
system.
(5) The system can only be used by mandated reporters who are any
of the following:
(A) A peace officer, as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2.
(B) A probation officer or social worker, as defined in Section
215 of the Welfare and Institutions Code.
(C) A school teacher, counselor, or administrator.
(D) A physician and surgeon, psychologist, licensed nurse, or
clinical social worker licensed pursuant to Division 2 (commencing
with Section 500) of the Business and Professions Code.
(E) A coroner.
(6) Nothing in this section shall be construed as changing current
statutory or regulatory requirements regarding timely review,
assessment, and response to reports of possible abuse or neglect.
(b) (1) In a county where the pilot program is active, a mandated
reporter listed in paragraph (5) of subdivision (a) may use the
Internet-based reporting tool in lieu of the required initial
telephone report required by subdivision (a) of Section 11166. A
mandated reporter listed in paragraph (5) of subdivision (a)
submitting an Internet-based report in accordance with this
subdivision shall, as soon as practically possible, cooperate with
the agency on any requests for additional information if needed to
investigate the report, subject to applicable confidentiality
requirements.
(2) In a county where the pilot program is active, a mandated
reporter who submits the initial report through the Internet-based
reporting tool in lieu of the required initial telephone report is
not required to submit the written followup report required pursuant
to subdivision (a) of Section 11166.
(c) This section shall remain in effect only until January 1,
2021, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2021, deletes or extends
that date.