§ 11166.02. — 11166.02. (Amended by Stats. 2020, Ch. 242, Sec. 1.)

California § 11166.02.

• Jurisdiction: California
• Code PEN: Penal Code - PEN
• Title: 1.
• Part 4.: TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS
• Ch. 2.: CHAPTER 2. Control of Crimes and Criminals
• Art. 2.5.: ARTICLE 2.5. Child Abuse and Neglect Reporting Act

Text

(a)
A county welfare agency, in accordance with Section 10612.5 of the Welfare and Institutions Code, may develop a program for internet-based reporting of child abuse and neglect. The program may receive reports by mandated reporters, as
defined in Section 11165.7, 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 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)
This section does not change 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 program is active, a
mandated reporter 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 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 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)
A county shall decommission its system for internet-based reporting of child abuse and neglect, as developed pursuant to this section, when the State Department of Social Services notifies counties that internet-based reporting of child abuse and neglect is available and functional within the statewide comprehensive child welfare information system.

Legislative History

Amended by Stats. 2020, Ch. 242, Sec. 1. (AB 1929) Effective January 1, 2021.