HomeMy WebLinkAboutMINUTES - 06192001 - C.37 s-
TO: BOARD OF SUPERVISORS .; _ ;�-� ,. CONTRA
a COSTA
FROM: John Sweeten, County Administrator COUNTY
a. �.
DATE: June 19, 2001 � .._•. _;,r �''
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SUBJECT: AB 1497 (McLeod) - Support
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION($):
SUPPORT AB 1497 (McLeod), which would provide funding for Children's Interview Centers from the
State Victims Restitution Fund.
BACKGROUNDIREASON(S) FOR RECOMMENDATION(S):
Contra Costa County operates the Children's Interview Center, which provides for multidisciplinary
interviews of children who are suspected victims of abuse. The Children's Interview Center has
proven very successful in reducing trauma to children as well as increasing the quality of evidence
and, consequently, the prosecution of cases against child abusers. Currently, there is no dedicated
revenue source to support the Children's Interview Center. Funding, primarily, comes from the
County General Fund through the Employment and Human Services Department. AB 1497 would
provide.a stable source of state funding for the Children's Interview Center.
CONTINUED ON ATTACHMENT: —YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR_RECOMMENDATION OF BOAR MITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON AM 19, Z001 APPROVED AS RECOMMENDED_MOTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
�x UNANIMOUS(ABSENT -------- 1 TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED
ABSENT: ABSTAIN: ON MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Contact: Sara Hoffman,3354090 ATTESTED .hme 19, 2001
JOHN SWEETEN,CLERK OF
THE BOARD OF SUPERVISORS
AND COUNTY ADMINISTRATOR
cc: CAO
John Cullen,EHSD
BY, � DEPUTY
AMENDED IN ASSEMBLY MAY 31, 2001
CALIFORNIA LEGISLATURE-2001-02 REGULAR SESSION
ASSEMBLY BILL No. 1497
Introduced by Assembly Member Negrete McLeod
February 23, 2001
An act to add and repeal Section 13969.7 to the Government Code,
and to add Sections 11166.6 and 11166.65 to the Penal Code, relating
to child abuse, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 1497, as amended, Negrete McLeod. California victim
compensation.
Existing law establishes the California Victim Compensation and
Government Claims Board that provides for compensation to victims
and derivative victims, as defined,who sustain injury or death as a direct
result of a crime.
This bill would provide that each county may establish
multidisciplinary teams or centers, as defined, to coordinate the
activities of the various agencies involved in the investigation and
prosecution of alleged child abuse, as specified. The bill would provide
that a county may submit claims to the board for the recovery of costs
associated with the provision of child victim forensic evidentiary
interviews conducted by multidisciplinary teams or centers. The bill
would also provide that, in order to qualify for state funding, each
county with a multidisciplinary team or center adopt a written protocol
and develop an interagency protocol agreement, as specified..
The bill would require the board to draw funds from the Victim
Restitution Fund, a continuously appropriated fund, for purposes of
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AB 1497 —2—
entering
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entering into contracts for interview services and the board would also
be required to provide the Legislature with a report by January 30,
2007, as specified, thereby making an appropriation.
These provisions would become inoperative on July 1, 2007, and
would be repealed on January 1, 2008.
Vote: majerity 2/3. Appropriation: " yes. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. Section 13969.7 is added to the Government
2 Code, to read:
3 13969.7. (a) Notwithstanding the provisions in Sections
4 13960 to 13969.5, inclusive, the county may
5 enter into contracts for interview services with
6 the California Victim Compensation and Government Claims
7 Board, as described in Section 13900, for the recovery of costs
8 associated with the provision of child victim forensic evidentiary
9 interviews conducted by multidisciplinary teams or centers as
10 described in Section 11166.6 of the Penal Code and in accordance
11 with their adopted interagency protocol agreements described in
12 Section 11166.65 of the Penal Code.
13 (b) The edlewable expenditures eligible for feimbufsement
14 ineuffed by the multidiseiplinary teams ef eenters,
15 Seetien 11166.6 of the Penal Gede,
16 (b) The contracts for interview services shall be based on both
17 of the following:
18 (1) A historical average of the number of interviews conducted
19 that resulted in the determination of chargeable crimes.
20 (2) A historical average of allowable expenditures.
21 (c) The contracts for interview services shall provide funding
22 for the additional expenditures related to conducting the forensic
23 evidentiary ,
24 and interview, that include facility rent and tenant-related
25 costs, salaries and benefits of the multidisciplinary teams or
26 center's coordinator, clerical staff, and interview specialist staff,
27 , ineludiftg
28 staff training and equipment such as video cameras, recording
29 devices, and two-way mirrors.
30 (e)
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1 (d) Personnel costs of the multidisciplinary teams or centers
2 that are incurred by the representatives of the various participating
3 county departments are not eligible fer reimbarsement within the
4 scope of the contracts.
5 (4)
6 (e) For purposes of this section, "child victim" means a person
7 under the age of 18 years who has been reported to an agency
8 specified in Section 11165.9 of the Penal Code to be a known or
9 suspected victim of child abuse as described in Section 11165.6 of
10 the i1,.na Gede.
11 (e) the Penal Code and the report results in a determination of
12 chargeable crimes.
13 (f) Reimbursement of costs for the forensic evidentiary
14 interview shall be on a per child victim basis. The amount of the
15 reimbursement shall be determined by the California Victim
16 Compensation and Government Claims Board in consultation
17 with the counties' multidisciplinary teams or centers.
18 (f)
19 (g) The California Victim Compensation and Government
20
21
22
23 Claims Board shall draw funds from its Victims Restitution Fund
24 for purposes of entering into contracts for interview services.
25 (h) The California Victim Compensation and Government
26 Claims Board shall develop contract requirements and execute
27 these contracts beginning on July 1, 2002.
28 (i) The California Victim Compensation and Government
29 Claims Board shall draw funds from the Victim Restitution Fund
30 in only those years when the Victim Restitution Fund has a surplus
31 balance in excess of ten million dollars ($10,000,000).
32 (j) In the event that the contract for services, in a given year,
33 exceeds the use of funds by a county, those funds shall not revert
34 back to the California Victim Compensation and Government
35 Claims Board but shall roll over to the next fiscal year's contract.
36 Funds shall not be rolled over in two consecutive years. If the
37 contract for services exceeds the use of the funds for a particular
38 county during two consecutive years, the California Victim
39 Compensation and Government Claims Board shall adjust the next
40 contract by a corresponding amount.
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AB 1497 —4-
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1 (k) The California Victim Compensation and Government
2 Claims Board shall provide the Legislature with a report, by
3 January 30, 2007, on the activity of the contracts for interview
4 services, including the number of counties with service contracts,
5 the number of children served by each county, and the fiscal
6 viability of the Victim Restitution Fund.
7 (l) This section shall become inoperative on July 1, 2007, and,
8 as of January 1, 2008, is repealed, unless a later enacted statute,
9 that becomes operative on or before January 1, 2008, deletes or
10 extends the dates on which it becomes inoperative and is repealed.
11 SEC. 2. Section 11166.6 is added to the Penal Code, to read:
12 11166.6. (a) Each county may establish multidisciplinary
13 teams or multidisciplinary centers to coordinate the activities of
14 the various agencies involved in the investigation and prosecution
15 of alleged child abuse, including those that provide medical
16 services and follow-up treatment to victims of child abuse. The
17 purpose of these teams or centers is to protect victims of child
18 abuse by minimizing traumatizing interviews through the
19 coordination of efforts of district attorneys, child welfare social
20 workers, law enforcement, and medical personnel, among others,
21 and to assist prosecution by reducing the chances of conflicting or
22 inaccurate information by asking age-appropriate questions to
23 help procure information that is admissible in court.
24 (b) (1) Members of the multidisciplinary team or
25 multidisciplinary center shall, at a minimum, consist of a
26 representative from the district attorney's office, the sheriffs
27 department, a police department, child protective services, and
28 may include medical and mental health professionals.
29 (2) Members of the local multidisciplinary team or center shall
30 be trained to conduct child forensic interviews. The training shall
31 include instruction in risk assessment,the dynamics of child abuse,
32 child sexual abuse and rape of children, and legally sound and
33 age-appropriate interview and investigation techniques.
34 SEC. 3. Section 11166.65 is added to the Penal Code, to read:
35 11166.65. (a) To qualify for state funding pursuant to Section
36 13969.7 of the Government Code, each county that establishes a
37 multidisciplinary team or center pursuant to Section 11166.6 shall
38 adopt a written protocol as follows:
39 (1) Each county shall develop an interagency protocol
40 agreement for the investigation of child abuse and neglect, which
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1 shall be signed by appropriate persons from the office of the
2 district attorney, the sheriff's department, the police department,
3 child protective services or an equivalent agency administering
4 child welfare, and public health and medical examiners.
5 (2) The protocol agreement may include, but is not limited to,
6 the following additional entities:
7 (A) School districts.
8 (B) Probation departments.
9 (C) Courts.
10 (D) County counsel.
11 (E) Tribal Council Representatives.
12 (F) Clergy.
13 (G) Regional centers.
14 (H) Mental health.
15 (I) Counsel for children.
16 (J) CASA (Court Appointed Special Advocates).
17 (K) Ancillary law enforcement agencies, including the federal
18 government and the military.
19 (L) Victim witness programs.
20 (M) Child abuse councils.
21 (3) Each protocol agreement shall include the following:
22 (A) A mission goal and mission statement.
23 (B) Written standards and procedures.
24 (C) A procedure for periodic review by all agencies involved.
25 (D) A procedure for dissemination to all parties involved.
26 (E) A procedure for training about the requirements of the
27 protocol agreement.
28 (F) Recognition of the need for ongoing training procedures for
29 professionals involved in the investigation of child abuse.
30 (G) Hiring requirements that specify that staff shall have
31 knowledge of the language and cultural needs of the victims of
32 child abuse.
33 (4) The protocol agreement shall address all children,
34 including children with special needs, suspected of being abused
35 or neglected in' the following situations:
36 (A) Intra-fancily or in-home.
37 (B) Out-of-home-care facilities, including, but not limited to,
38 day care, group homes, public or private schools, foster care, and
39 licensed facilities.
40 (C) Perpetration by a stranger.
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AB 1497 —6-
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1 (D) Siblings of a child abuse fatality victim.
2 (E) Homes with domestic violence.
3 (5) The protocol agreement shall address the following
4 sequence of responses that takes into account the emotional and
5 physical well-being of the child victim:
6 (A) The initial response following a referral shall be
7 coordinated among first responders to reduce repetitive interviews
8 with or questions to the child. Specifically, the protocol agreement
9 shall outline the procedures by which fust responders share
10 information with each other.For the purposes of this section, "first
11 responders" means officials from a child protective service
12 agency or a law enforcement agency.
13 (B) Investigative procedures for forensic evidence gathering.
14 (C) Child abuse reporting procedures and cross-reporting
15 procedures.
16 (D) Minimum standards for levels of professional competency.
17 (E) Knowledge of legal authority.
18 (F) Procedures for sharing information with all the parties
19 involved in the investigation.
20 (G) Procedures for getting information about the child victim
21 back to reporters.
22 (H) Procedures for transporting a child, specifying who may
23 take the child, where the child may be taken, and under what
24 conditions the child may be taken. In addition, there shall also be
25 procedures for transporting family members if the need arises.
26 (I) Procedures to ensure that a child with special needs receives
27 prescribed medication or has special equipment, such as a
28 wheelchair.
29 (6) Procedures shall also include the following considerations
30 for forensic evidentiary interviews and medical examinations:
31 (A) The qualification of personnel conducting the interview or
32 examination.
33 (B) The location of the interview or examination.
34 (C) The procedures for documentation.
35 (D) The guidelines for deciding which agency budget will
36 cover the cost of examinations and interviews.
37 (E) The definition or criteria under which a child qualifies for
38 an examination or interview.
39 (7) The protocol agreement shall address the following issues:
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1 (A) Procedures for dealing with the denial of entry to any of the
2 responders to a referral for child abuse or neglect.
3 (B) Procedures for obtaining the necessary consent for medical
4 examinations and forensic interviews.
5 (C) Procedures for sharing information among mandated
6 reporters, first responders, professionals, and follow-up
7 investigations.
8 (D) Procedures for sharing information among professional
9 child abuse investigators that address issues of confidentiality.
10 (E) Procedures for providing information about protective
11 orders, prior history criminal background checks, court actions,
12 and placement orders.
13 (F) Procedures for emergency situations or professional
14 judgment that allow for deviation from the protocols.
15 (G) Procedures to develop a tracking system to receive and
16 coordinate all information relating to a case of child abuse that is
17 in the possession of any agency involved in the investigation or
18 prosecution of child abuse, including law enforcement agencies,
19 child protective service agencies, county welfare agencies, and
20 licensing agencies.
21 (8) The protocol agreement shall explain how the interagency
22 protocol for child abuse investigation interfaces with or
23 acknowledges the protocols of individual agencies involved and
24 shall include procedures for resolving any conflicts among those
25 protocols.
O
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AB 1497 Assembly Bill -Bill Analysis Page 1 of 3
AB 1497
Page 1
ASSEMBLY THIRD READING
AB 1497 (Negrete McLeod)
As Amended May 31, 2001
2/3 vote
PUBLIC SAFETY 6-0 APPROPRIATIONS 18-3
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IAyes: IWashington, La Suer, IAyes: IMigden, Alquist, Aroner,
I ICedillo, Corbett, I ICedillo, Corbett, Correa, I
I IDickerson, Koretz I IDaucher, Goldberg, I
I I I (Maldonado, Robert I
I I I ( Pacheco, Papan, Pavley, I
I I I ISimitian, Thomson, I
I I I (Wesson, Wiggins, Wright, I
I I I IZettel I
I I I I I
I -----+--------------------------+-----+-------------------------- I
I I INays: IBates, Ashburn, Runner I
I I I I I
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SUMMARY Allows counties to enter into contracts for interview
services with the California Victim Compensation and Government
Claims Board (Board) for the recovery of costs incurred by
multidisciplinary teams or centers associated with child victim
forensic interviews. Specifically, this bill .
1)Allows counties to enter into contracts for interview services with
the Board for the recovery of costs associated with the provision
of child victim forensic evidentiary interviews conducted by
multidisciplinary teams or centers investigating claims of alleged
child abuse.
2) Provides that the contracts shall be based on a historical average
of the number of interviews conducted that resulted in the
determination of chargeable crimes and of allowable expenditures.
The Board shall draw funds from its Victims Restitution Fund to
fund interview services contracts. Funds may be drawn only in
those years when the Victim Restitution Fund has a surplus balance
of $10 million.
3) Provides that unused funds by a county shall not revert back to the
Board but shall roll over to the next fiscal year's contract.
Funds shall not be rolled over in two consecutive years. If the
contract for services exceeds the use of funds for a particular
county during two consecutive years, the next contract shall be
adjusted by a corresponding amount.
AB 1497
Page 2
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AB 1497 Assembly Bill - Bill Analysis Page 2 of 3
4) Provides for a report to the Legislature by January 30, 2007 on the
activity of the contracts and the fiscal viability of the Victim
Restitution Fund.
5) Sunsets on January 1, 2008.
EXISTING LAW .
1) Declares that it is in the public interest to assist crime victims
in obtaining restitution for the pecuniary losses they suffer as a
direct result of criminal acts.
2)Creates the Victims of Crime Program, administered by the Board
(formerly the Board of Control) , to reimburse eligible victims of
crime for the pecuniary losses they suffer as a direct result of
criminal acts.
3)States legislative intent that in each county, law enforcement
agencies and the county welfare or social services department shall
develop and implement cooperative arrangements in order to
coordinate existing duties in connection with the investigation of
suspected child abuse cases.
4) Provides for the reimbursement of victims both direct victims and
specified derivative victims of specified types of crimes for
certain expenses with limits on those expenses (both dollar amounts
and time limits on treatment) . Expenses for lost wages or income,
funeral/burial, medical, dental, outpatient psychiatric,
psychological, or other mental health counseling-related expenses
that became necessary as a direct result of the crime are included.
FISCAL EFFECT According to Assembly Appropriations Committee
analysis, annual costs of about $5 million from the Restitution Fund
based on average operating costs for about 44 existing
multidisciplinary centers, an average of about five hours per
interview, and about 12, 000 interviews per year.
The Restitution Fund is projected to have a reserve of about $33
million at the close of fiscal year 2001-02.
COMMENTS According to the author, "In 1989, the Legislature
authorized the Child Victim Witness Pilot Program. This program was
developed in response to protecting victims of child abuse by
minimizing the number of traumatizing interviews by various agencies.
By coordinating the efforts of district attorneys, child welfare
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AB 1497
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social workers, law enforcement and medical personnel a child is only
interviewed once. The multidisciplinary approach to child abuse
investigation brings all of the entities together with a child abuse
interview expert. In the year 2000, over 11, 000 children were
interviewed in a multidiscipline setting.
"There are approximately 40 multidisciplinary interview teams or
centers operating throughout California. Some of these are in early
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AB 1497 Assembly Bill -Bill Analysis Page 3 of 3
stages of operation while others have been functioning for many
years. Funding for these teams and centers has relied heavily on
grants that are an unpredictable revenue source. While various
county departments provide funding for their staff to participate in
the multidisciplinary interview teams, the personnel that conduct the
interview and interview facility itself fall through the cracks. One
purpose of the bill is to create a funding stream to cover certain
multidisciplinary interview center costs via the Victim's Restitution
Fund.
"The second issue this bill addresses is the establishment of minimum
standard protocol requirements to operate consistently throughout the
state. Most of these programs have either accomplished the task of
developing a protocol meeting the minimum standard protocol
requirements, or have committed to and begun the process. The
existence and commitment to such protocols is paramount in achieving
our goal of providing the same high quality level of services to all
children throughout this state, regardless of which community they
happen to live in.
"In closing, the multidisciplinary interview team approach to child
abuse investigation brings all of the entities together with a child
interview expert. The process significantly reduces the trauma
children experience when they disclose abuse, and protect the rights
of all parties involved. The children are best served through this
approach and desperately need a stable revenue source to operate. By
requiring minimum standards and protocols we can ensure that all
children receive the best service. "
Please see the policy committee analysis for a full discussion of
this bill.
Analysis Prepared by Lucy Armendariz / PUB. S. / (916) 319-3744
FN: 0001393
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