HomeMy WebLinkAboutMINUTES - 04201999 - C60 9
TO: BOARD OF SUPERVISORS `'�'M M
Contra
FROM;
PHIL BATCHELOR, COUNTY ADMINISTRATOR Costa
County
DATE: April 15, 1999 :.`u
SUBJECT;
LEGISLATION - SB 647 (RAINEY)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
ACKNOWLEDGE that the Board of Supervisors is the SPONSOR of SB 647 by
Senator Richard Rainey which, as amended April 5, 1999, would establish a
mechanism for the State to fund Multidisciplinary Interview Centers in order to
coordinate existing duties in connection with the investigation of suspected child
abuse cases.
BACKGROUND:
The Board's adapted 1999 Legislative Program includes the following point:
"11. Support efforts to develop a State General Fund Multi-
Disciplinary Interview Center (MDIC) account to fund MDIC
services that conform with the California Children's Justice
Act."
Senator Rainey has introduced SB 647 for this purpose. As amended on April 5,
1999, SB 647 does the following:
1. Establishes a special account in the General Fund for child abuse
multidisciplinary teams and multidisciplinary centers, to be administered by
the Office of Criminal Justice Planning.
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CONTINUED ON ATTACHMENT: YES SIGNATURE: �
RECOMMENDATION OF COUNTY ADMINISTRATOR ---- RECOMMENDATION OF BOARD COMMITTEE
,. ...APPROVE OTHER
SIGNATURES: ✓ F 4
ACTION OF BOARD ON- _--ad 20, 1,999 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
.X..UNANIMOUS(ASSENT AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: — AND ENTERED ON THE MINUTES OF THE BOARD
ASSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED A Rril 20. _1999
Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF
cc, SUPERVISORS A3` COUI ITY AIJMIN!STRATOR
See Page 2
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2. Provides that funds would be distributed to counties according to specified
criteria and application procedures.
3. Provides that funds could be used for building, operating, or maintaining
multidisciplinary centers, staffing multidisciplinary teams, providing services
and for specified administrative costs.
4. Specifies that in order to receive funds, a county would have to establish at
least one multidisciplinary center or multidisciplinary team.
5. Requires that a multidisciplinary team consist of, at least the following: a
representative from the District Attorney's Office, Sheriff's Office, a police
department, child protective services, and may include medical and mental
health professionals.
6. Requires that the multidisciplinary teams and centers adopt a written protocol
meeting certain standards, outlining in detail the procedures to be used in
investigating and prosecuting cases arising from alleged child abuse and in
coordinating treatment referrals for the child abuse victim and his or her
family.
7. Outlines application procedures and a formula for the allocation of funds.
8. Provides that funding will be available upon appropriation by the Legislature.
The bill does not actually appropriate any funds. This would have to be reflected in
the State Budget.
In view of the fact that SB 647 reflects one of the items in the Board's 1999
Legislative Program that the Board agreed to sponsor, it is appropriate that the
Board now acknowledge the fact that the Board is the sponsor of SB 647.
cc: County Administrator
District Attorney
Sheriff-Coroner
Director, Employment and Human Services
Health Services Director
Mental Health Director
Senator Richard K. Rainey
7th Senate District
Room 4090 State Capitol
Sacramento, CA 95614
Les Spahn
Heim, Noack, Kelly & Spahnn
1121 L Street, Suite 100
Sacramento, CA 95814
-2-
AMENDED IN SENATE APRIL, 5, 1999
SENATE BILL No. 647
Introduced by Senators Rainey and Leslie
(Coauthor: Assembly Member Torlakson)
February 24, 1999
An act to ft l I-efie. 1416& add Section 1.1166.4 to
the Penal Cade,relating to child abuse.
LEGISLAME COUNSELS DIGEST
SP 647, as amended, Rainey. Child abuse:
ul6dirltnary multidisciplinary interview centers.
Existing law declares the Legislature's intent that in each
county, the law enforcement agencies and the county welfare
or social services department develop and implement
cooperative arrangements in order to coordinate existing
duties in connection with the investigation of suspected child
abuse cases.
i }
sespeeted of haying been-abesed-.
This bill would establish a special account in the General
Fund for child abuse multidisciplinary teams and
multidisciplinary centers, to be administered by the office of
Criminal Justice Planning. The bill would provide that the
funds would be distributed to counties pursuant to specified
criteria and application procedures. The bill would also
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SB 647 —2—
provide
-2—
provide that the funds could be used for building, operating,
or maintaining multidisciplinary centers, staffing
multidisciplinary teams, providing services, as specified, and
for administrative costs, as specified.
This bill would also provide that moneys would be
transferred to the Child Abuse Multidisciplinary Intervention
Account and would be available for expenditure upon
appropriation by the Legislature.
Vete; majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows!
Seetion 41166.3 of the PeneA Code is
2 SECTION 1. Section 11166.4 is added to the Penal
3 Code, to read:
4 11166.4. (a) The Child Abuse Multidisciplinary
5 Intervention Account is hereby established in the
6 General Fund for the purpose of allocating funds to
7 counties that meet the criteria specified in the California
8 Children's Justice Act Task .F'orce's Minimum Standard
9 Protocol for the Multidisciplinary Investigation of Child
10 Abuse. The account shall be administered by the Office
11 of Criminal Justice Planning. Multidisciplinary teams and
12 multidisciplinary centers that are established to
13 coordinate the activities of the various agencies involved
14 in the investigation and prosecution of alleged child
15 abuse and that provide medical services and followup
16 treatment to victims of child abuse shall be eligible for
17 funding from this account. Except as provided in
18 subdivision (c), funds from. the Child Abuse
19 Multidisciplinary Intervention Account may only be used
20 for the fallowing purposes.
21 (1) To build, operate, or maintain a multidisciplinary
22 center:
23 (2) To staff a multidisciplinary team.
24 (3) To provide services through a multidisciplinary
25 team or multidisciplinary center:
26 (4) To provide child forensic interview training to the
27 members of the multidisciplinary team and to any other
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-3— SB 647
1 person who conducts child abuse investigations for any
2 agency specified in paragraph (2) of subdivision (b). The
3 child forensic interview training shall include training in
4 risk assessment, the dynamics of child abuse, child sexual
5 abuse, and rape of children, and legally sound and age
6 appropriate interview and investigation techniques.
7 (b) (1) In order to receive funding from the Child
8 Abuse Multidisciplinary Intervention Account pursuant
9 to subdivision (a), a county shall establish at least one
10 multidisciplinary team or multidisciplinary center.
11 (2) Members of the multidisciplinary team or
12 multidisciplinary center shall, at a minimum, consist of a
13 representative from the district attorney's office, the
14 sheriff's department, a police department, child
15 protective services, and may include medical and mental
16 health professionals.
17 (3) The multidisciplinary teams and multidisciplinary
18 centers shall adopt a written protocol that meets the
19 requirements set by the California Children's Justice Act
20 Minimum Standard Protocol, outlining in detail the
21 procedures to be used in investigating and prosecuting
22 cases arising from alleged child abuse and in coordinating
23 treatment referrals for the child abuse victim and his or
24 her family. This protocol shall include training
25 procedures, procedures for interagency decisionmaking,
26 and an ongoing process for evaluating the
27 implementation and effectiveness of the protocol. In
28 addition, each county shall develop a tracking system to
29 receive and coordinate all information relating to a case
30 of child abuse that is in the possession of any agency
31 involved in the investigation or prosecution of child
32 abuse, including law enforcement agencies, child
33 protective service agencies, county welfare agencies, and
34 licensing agencies.
35 (4) Each county shall submit a countywide protocol to
36 members of the California Children s Justice Act Task
37 Force, the Attorney General's office, and the State
38 .Department of Social Services when applying for funding
39 under this section. The Attorney General's office and the
40 State Department of Social Services shall review and
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SB 647 —4-
1
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1 evaluate the proposed protocols and make
2 recommendations to the Children's Justice Act Task
3 Force regarding those protocols. The Children's Justice
4. Act Task Force shall consider these recommendations in
5 determining whether to approve a county's protocol and
6 application for funding.
7 (.5) Upon approval by the Children's Justice Act Task
8 Force, ,funding from the Child Abuse Multidisciplinary
9 Intervention Account shall be allocated to eligible
10 multidisciplinary teams and multidisciplinary centers
11 based upon a formula including population of the county,
12 number of child abuse reports received, and the number
13 of centers and teams qualifying for the money.
14 (c) The Office of Criminal Justice Planning shall
15 administer the funding under this section on a contract
16 basis and shall receive .5' percent of the ,funds for that
17 administration.
18 SEC'. 2. Moneys shall be transferred to the Child
19 Abuse Multidisciplinary Intervention Account, and shall
20 be available for expenditure, upon appropriation by the
21 Legislature.
22 ewflended to read-.
23 14,66 ten at , ri
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40 other prevision of 1 ,
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