California Welfare and Institutions Code § 10850.45

Welfare and Institutions Code
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(a) Within 10 business days of learning that a child near fatality that has been determined to have been caused by abuse or neglect, as described in paragraph (4) of subdivision (l), has occurred in the county, the custodian of records for the county child welfare agency, upon request, shall release all of the following information: (1) The age and gender of the child. (2) The date of the near fatality. (3) Whether the child resided in foster care or in the home of his or her parent or guardian at the time of the near fatality. (4) Whether an investigation is being conducted by a law enforcement agency or the county child welfare agency. (b) All cases in which abuse or neglect leads to a child’s near fatality, as described in paragraph (4) of subdivision (l), shall be subject to the disclosures required in subdivisions (c) and (d). (c) Findings or information disclosed under this subdivision, upon request, shall consist of a written report that includes all of the following information: (1) The age and gender of the child. (2) The date the abuse or neglect occurred that resulted in the near fatality, if known, and the date that a licensed physician determined the child victim to be in serious or critical medical condition, if known. (3) Whether the child resided in foster care or in the home of his or her parent or guardian at the time of the near fatality. (4) The cause of, and circumstances regarding, the near fatality. (5) A description of reports received, child protective or other services provided, and actions taken by the county child welfare services agency and juvenile court, if applicable, regarding both of the following: (A) Suspected or substantiated abuse or neglect of the child near fatality victim. (B) Suspected or substantiated abuse or neglect of other children that is related to the abuse or neglect described in subparagraph (A). (6) The description required by paragraph (5) shall provide a written narrative that includes, but is not limited to, the following information: (A) The dates of reports, investigations, services provided, and actions taken. (B) The investigative disposition for each report. (C) Any comments provided by the involved social worker or workers for the written narrative regarding the investigations, services provided, and actions taken. (d) Upon completion of the child abuse or neglect investigation into a child’s near fatality, as described in paragraph (4) of subdivision (l), the following documents from the juvenile case file shall be released by the custodian of records upon request, subject to the redactions described in subdivision (f): (1) For cases in which the child’s near fatality occurred while living with a parent or guardian, all previous referrals of abuse or neglect of the child suffering the near fatality while living with that parent or guardian, along with the following documents: (A) The emergency response referral information form and emergency response notice of referral disposition form completed by the county child welfare agency relating to the abuse or neglect that caused the near fatality of the child. (B) Any cross reports completed by the county child welfare services agency to law enforcement relating to the child suffering the near fatality. (C) All risk and safety assessments completed by the county child welfare services agency relating to the child suffering the near fatality. (D) Copies of police reports about the person against whom the child abuse or neglect was substantiated. (2) For cases in which the child’s near fatality occurred while the child was in foster care, the following documents, in addition to those specified in paragraph (1), generated while the child was living in the foster care placement that was the placement at the time of the child’s near fatality: (A) Records pertaining to the foster parents’ initial licensing and renewals and type of license or licenses held if in the case file. (B) All reported licensing violations,

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