AMENDED IN SENATE AUGUST 21, 2026

AMENDED IN SENATE AUGUST 13, 2026

AMENDED IN SENATE JUNE 17, 2026

AMENDED IN ASSEMBLY MARCH 12, 2026

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

95

Introduced by Assembly Member Carrillo

(Coauthor: Assembly Member Gipson)

February 3, 2026

An act to amend Section 11166.1 of the Penal Code, relating to child abuse or neglect.

Vote: majority   Appropriation: no   Fiscal committee: yes   Local program: yes

LEGISLATIVE COUNSEL’S DIGEST

Existing law, the Child Abuse and Neglect Reporting Act, establishes procedures for the reporting and investigation of suspected child abuse or neglect. Existing law requires certain professionals, including specified health practitioners and social workers, known as “mandated reporters,” to report known or suspected child abuse or neglect to a local law enforcement agency or a county welfare or probation department, as specified. Existing law requires an employee of those agencies, in certain circumstances, to send or have sent, within 36 hours, a copy of a report made pursuant to these provisions to the attorney who represents the child, who is the subject of the report, in dependency court. Existing law requires the agency to maintain a copy of the written report and provide all information requested by the attorney for the child or the child’s guardian ad litem within 30 days of the request.

This bill would require, if a county welfare agency substantiates a report for an incident that occurred in an out-of-home placement, including, but not limited to, placement in foster or congregate care, or if a child is removed from an out-of-home placement due to abuse or neglect, a county welfare agency to send notice notice, containing specified information, of the report to the attorney who represents a parent or legal guardian of the child in dependency court and, in the case of an Indian child, the tribal representative. The bill would make that requirement inapplicable to a parent whose parental rights have been terminated. The bill would prohibit the notice from disclosing the substance of the report, as specified. If substantiated abuse or neglect occurred in a placement or a child is removed from an out-of-home placement due to abuse or neglect, the bill would require The bill would require, if a county welfare agency substantiates a report for an incident that occurred in an out-of-home placement, including, but not limited to, placement in foster or congregate care, or if a child is removed from an out-of-home placement due to abuse or neglect, the agency to send a copy of the report notice of the report, as specified, to all attorneys who represent a child with an open dependency case in that placement, as provided. By expanding the duties of local agencies that receive reports alleging abuse or neglect of children, 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 no reimbursement is required by this act for a specified reason.

The people of the State of California do enact as follows:

SECTION 1.

Section 11166.1 of the Penal Code is amended to read:

11166.1.

(a) (1) An agency shall notify the licensing office with jurisdiction over the facility within 24 hours after the agency receives a report pursuant to Section 11166 that contains either of the following:

(A) A report of abuse alleged to have occurred in a facility licensed to care for children by the State Department of Social Services.

(B) A report of the death of a child who was, at the time of death, living at, enrolled in, or regularly attending a facility licensed to care for children by the State Department of Social Services unless the circumstances of the child’s death are clearly unrelated to the child’s care at the facility.

(2) The agency shall send the licensing agency a copy of its investigation and any other pertinent materials.

(b) (1) An employee of an agency specified in Section 11165.9 who has knowledge of, or observes in their professional capacity or within the scope of their employment, a child in protective custody whom the employee knows or reasonably suspects has been the victim of child abuse or neglect shall, within 36 hours, send or have sent to the attorney who represents the child in dependency court, a copy of the report prepared in accordance with Section 11166. The agency shall maintain a copy of the written report. All information requested by the attorney for the child or the child’s guardian ad litem shall be provided by the agency within 30 days of the request.

(2) (A) When a county welfare agency receives a substantiated substantiates a report made pursuant to paragraph (1) for an incident that occurred in an out-of-home placement, or a child is removed from an out-of-home placement due to abuse or neglect, the agency shall, within 36 hours, provide notice of the report to the attorney who represents a parent or legal guardian of the child in dependency court and, in the case of an Indian child, the tribal representative.

(4) The requirement in paragraph (2) does not apply to a parent whose parental rights have been terminated pursuant to Section 366.26 of the Welfare and Institutions Code.

(B) For purposes of this paragraph, a an out-of-home placement includes, but is not limited to, placement in foster care or congregate care, placement in a short-term residential therapeutic program facility, or a relative placement.

(c) (1) When an agency receives a report pursuant to Section 11166 alleging abuse or neglect of the child of a minor parent or a nonminor dependent parent, the agency shall, within 36 hours, provide notice of the report to the attorney who represents the minor parent or nonminor dependent in dependency court.

(2) For purposes of this subdivision, “minor parent” and “nonminor dependent parent” have the same meaning as in Section 16002.5 of the Welfare and Institutions Code.

SEC. 2.

To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIIIB of the California Constitution.