Social workers.

Plain English Breakdown

The official source does not provide specific details on how or when social workers must secure emergency care for minors.

Social Workers: Emergency Care and Record Handling

This law clarifies that social workers employed by county child welfare departments are not considered officers when dealing with records or documents, and requires them to secure emergency care for minors in need without waiting for court approval.

What This Bill Does

• Clarifies that a social worker employed by a county child welfare department is not an officer when dealing with records or documents.
• Requires social workers to secure medical and other emergency care for minors who need immediate help, without waiting for court order.

Who It Names or Affects

• Social workers employed by county child welfare departments
• Minors who need immediate medical or other emergency care

Terms To Know

state-mandated local program

A program where the state requires local agencies to do something, and if it costs money, the state will pay for it.

Limits and Unknowns

• The bill does not specify when or how social workers must secure emergency care.
• It is unclear what specific records or documents are covered by the clarification that social workers are not officers.

Official Summary Text

AB 2304, as amended, Lackey.
Social workers.
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 minor has been, or has a petition filed with the court to be, adjudged a dependent child of the court, and it appears the minor needs immediate emergency treatment, a social worker may, without court order, authorize medical and other care for a minor, to be provided by a licensed physician and surgeon or dentist, as applicable.
This bill would require, in that situation, the social worker to secure care for the child. 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.

Current Bill Text

Download Bill PDF