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01/24/2023
ANAHEIM CITY COUNCIL REGULAR MEETING OF JANUARY 24, 2023 The regular meeting of January 24, 2023 was called to order at 3:00 P.M. in the Council Chamber of Anaheim City Hall, located at 200 S. Anaheim Boulevard. The meeting notice, agenda, and related materials were duly posted on January 19, 2023. MEMBERS PRESENT: Mayor Ashleigh E. Aitken and Council Members Natalie Rubalcava, Jose Diaz, Carlos A. Leon, Stephen Faessel, and Natalie Meeks [One Council Member vacancy] STAFF PRESENT: City Manager Jim Vanderpool, City Attorney Robert Fabela, and City Clerk Theresa Bass ADDITIONS/DELETIONS TO CLOSED SESSION: City Clerk Theresa Bass announced that Closed Session Item No. 05 was withdrawn from the agenda by staff. City Attorney Robert Fabela announced that Closed Session Item No. 02 pertained to claims by SRB Management and Angels Baseball related to the Stadium sale, with copies of the claims made available as part of the October 25, 2022, City Council agenda. PUBLIC COMMENTS ON CLOSED SESSION ITEMS: Fred Sigala, Jr. remarked that he is happy to take less time away from his family to come to Council meetings to complain about corruption. He encouraged access to Council meetings via Zoom for convenience and to enhance transparency. He credited the ongoing Federal Bureau of Investigation (FBI) investigation into the Angel Stadium sale for preventing the unimaginable. He encouraged the City to keep its land. He stated a lack of documentary diligence by the City is what allowed former Mayor Sidhu to be found not in violation of the Brown Act in his efforts to make the sale as profitable as possible for the Los Angeles Angels. He criticized former Mayor Sidhu for giving so much away to the Angels. He criticized the City's laissez faire reaction to being levied a large fine by the State. He encouraged the City Council to take the issue seriously so the previous Council's mistakes are not repeated by ignoring the voices of the people while thinking they can get away with something like the sale. Vern Nelson noted that discussion of the People's Homeless Task Force lawsuit should be interesting with a new Council, three of which were elected due to opposition to the stadium sale and championship of reform. He noted the previous ruling on potential Brown Act violations by former Mayor Sidhu came before the revelation of the FBI's investigation of corruption surrounding the sale and revelations about destroyed evidence. He stated many of the revelations about the investigation's nature would have affected the ruling. He noted FBI Special Agent Brian Adkins' affidavit states his impression based on his discoveries is former Mayor Sidhu's actions impacted the judge's decision in the case. He encouraged the City Council to do the right thing relative to the Brown Act going forward. He encouraged the City Council to handle the next Angels negotiations properly and in the open. He stated the People's Homeless Task Force deserves an award for its persistence leading to the FBI and California Attorney General coming to the rescue. Mike Robbins encouraged the City Council to seek to avoid lawsuits, noting how the money spent on lawsuits where the City Council is culpable is frivolous spending. He encouraged the City Council to City Council Minutes of January 24, 2023 Page 2 of 31 spend its money more wisely than on lawyers and instead of things like meeting State affordable housing requirements, Americans with Disabilities Act (ADA) compliance as evidenced by the Grandma's House of Hope lawsuit, or homeless issues. He pondered how many homeless lives could have been saved by not giving so much money to layers. Mark Richard Daniels recalled previously denied plans to build a Performing Arts Center in Anaheim and questioned if it too was victimized by the corruption of former Mayor Sidhu. He stated there has to be more to the City's corruption than what has already been revealed, noting the FBI's investigation remains ongoing. He encouraged reviewing the Perming Arts Center deal's questionable dismissal to perhaps find more evidence of corruption. CLOSED SESSION: At 3:13 P.M., Mayor Aitken recessed to closed session for consideration of the following: 1. CONFERENCE LABOR NEGOTIATORS (Subdivision (a) of Section 54957.6 of the California Government Code) Agency Designated Representative: Linda Andal, Human Resources Director Name of Employee Organizations: International Brotherhood of Electrical Workers (IBEW), Local 47; IBEW, Local 47 Part -Time Customer Service Employees; International Brotherhood of Electrical Workers, Local 47, Professional Management Unit; and IBEW Local 47 and Part - Time Management Unit 2. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of California Government Code Section 54956.9 and/or initiation of litigation pursuant to paragraph (4) of subdivision (d) of California Government Code Section 54956.9: Name of Case: Two potential cases CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: Peoples Homeless Task Force Orange County v. City of Anaheim, OCSC Case No. 30-2020 01135406-CU-WM-CJC. 4. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: Teresa Perkins, et al. v. City of Anaheim, et al., USDC Case No. 8:19-cv- 00315-JLS-JDE. 5. CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of California Government Code Section 54956.9: One potential case. Closed Session Item No. 05 removed by staff. No consideration or action taken. At 4:40 P.M., Mayor Aitken reconvened the Anaheim City Council. MEMBERS PRESENT: Mayor Ashleigh Aitken and Council Members Natalie Rubalcava, Jose Diaz, Carlos A. Leon, Stephen Faessel, and Natalie Meeks [One Council Member vacancy] STAFF PRESENT: City Manager Jim Vanderpool, City Attorney Robert Fabela, and City Clerk Theresa Bass City Council Minutes of January 24, 2023 Page 3 of 31 PUBLIC COMMENTS ON WORKSHOP: Mike Robbins reported the People's Homeless Task Force wrote a book on homeless solutions which was presented to the City in 2009. He reported The United Way and other groups use the information his organization put together 13 years ago. He lamented the City did not implement it back then. He added his organization would like to present the book to the current Council sometime. Paul Hyek stated the City needs to make its shelters walk-ins. He reported he will tell Orange County to get rid of Mercy House. He stated Mercy House's vans were stolen from the City of San Diego and the drivers are not properly licensed. He lamented an ADA-rated bathroom is reserved for staff only. He invited the City Council to a breakfast and lunch for the homeless on Saturday in the City of Brea. He encouraged having skilled homeless residents help run the shelters for jobs. Fred Sigala, Jr. reported the homeless situation persists in District 2. He told the stories of several homeless residents who refuse the City's help, noting people who choose this way of life are typically respectful to other residents like himself and do not wish to live under a shelter's rules. He recommended a solution of walk-in shelter services as the City's current shelter plan is not considered a step up for this self-sufficient portion of the homeless population. He called for permanent supportive housing and more temporary facilities until this construction can occur. He encouraged the City Council to view the matter as a temporary address of a public health emergency. He suggested converting an existing shelter to a walk-in format, citing the Mental Health Association Homeless Drop -in Center in the City of Santa Ana as an example. He stated the City's current services are not helping this segment of the homeless population and they should do more to identify residential needs, addressing them like a public health emergency. Jeanine Robbins reported the City's homeless situation has only gotten significantly worse since she and Mr. Robbins helped found the People's Homeless Task Force. She reported she hears nothing but complaints about City Net and the Community Care Response Team (CCRT). She reported regularly not receiving responses to her calls to the CCRT team when with homeless residents. She recommended bypassing the CCRT team and calling Community Preservation Manager Sandra Sagert directly. She stated there should be an update at every Council meeting from City Net and the Illumination Foundation considering how much money the City gives each of them for so little success. Mark Richard Daniels stated homelessness is the single greatest issue the Council Members will face and encouraged the formation of a commission on homelessness similar to the Senior Citizen Commission. He encouraged keeping better tabs on the much -derided City Net and Illumination Foundation, among others receiving City funds. He added a Task Force or Commission will help keep a focus on the homelessness issue. He called for the City to put more effort into solving this human tragedy instead of letting it fester from Council to Council. Bryan Kaye stated Anaheim has historically not treated its homeless well, only offering mental health services. He added the homeless have to agree to take medications to enter a shelter and the medications are not helpful. He stated people need to have the opportunity to provide for themselves and contribute to society. He stated there is no future in the City's current programs for the homeless — noting there's never a formerly homeless public speaker at Council meetings who thanks the City Council for their medications and programs. He stated the City's programs do not work, cost millions of dollars, and have created a segment of the population unable to care for themselves. He stated the City's homeless issues are homegrown and encouraged the Council Members to meet with members of the public who have expertise in how to solve them. City Council Minutes of January 24, 2023 Page 4 of 31 Rebecca Kovacs -Stein encouraged the City Council to speak with City Net Vice President Matt Bates about metrics, noting he is in the audience. She noted the City partners with the County on County projects happening within the City. She encouraged connecting with more resource providers so everyone is on the same page. She noted the still -uncertified Housing Element can be used to help with the issue if the City gets the very -low-income housing done first. She stated as a real estate agent of higher -end properties, the stretch of Beach Blvd. between Ball Road and Lincoln Ave. cannot hold and sell the market rate developments the City is proposing. She suggested focusing on low-income mixed -use developments in this area. She encouraged the City to coordinate with stakeholders to get the best answers. She encouraged a monthly metrics update from City Net, American Family Housing, and all organizations involved in homeless programming in Anaheim. City Clerk Bass reported that no public comments were received electronically related to the workshop. Mayor Aitken closed public comments on the workshop. Cecil Jordan Corkern notified the City Council of his attendance. Mayor Aitken stated public comment is closed and additional public comments can be made following the Workshop. WORKSHOP: Information of Anaheim's response to addressing homelessness Housing and Community Development Director Grace Stepter thanked Council Member Meeks for insisting this important matter be up for presentation so early in the session. She added all Council Members have reached out to her and her staff to express the importance of the homeless issue for both constituents and themselves. She offered credit to City Manager Jim Vanderpool for his leadership in aligning the comprehensive and humanitarian vision of the Housing and Community Development Department. Ms. Stepter reported the City's guiding principles for homelessness are serving those most in need, fostering partnerships, supporting a network of services, building livable communities, leveraging resources for affordable housing, and investing in the City's people and places. She added the City recognizes they are serving segments of individuals with varying needs so a one -size -fits -all approach would not be proper. She noted there are legal and financial constraints as the City seeks to innovate. Housing and Community Development Deputy Director Sandy Lozeau reported Martin v. Boise was occurring in the Ninth Circuit Court as the City was working on a settlement with its shelter laws from the Orange County Catholic Workers case, noting the settlement agreement ended in November 2021. She added the City now utilizes Martin v. Boise's guidelines as it relates to sleeping on public property and its parameters the City must have an appropriate bed. She stated the City's focus is on outreach first using its robust street outreach team that includes the CCRT, Volunteers of America Los Angeles, and Be Well Orange County (OC) with enforcement as a last resort. Ms. Lozeau reported the City developed a Homeless Policy Working Group in 2017, laying the framework for the City's system of homeless care. She added the group's efforts led to Resolution 2018-009 which still guides the City's policy. She reported the City developed a Homeless Action Plan in 2021 to serve as a guiding document through 2024, including an aggressive goal of reducing the City's unsheltered homelessness by 70% and overall homelessness by 80%. She reported in December 2022 the United States Interagency Council on Homelessness released its "All In" Strategic Plan outlining how the federal government will collaborate with state and local governments City Council Minutes of January 24, 2023 Page 5 of 31 to reduce homelessness by 25% by 2025. She noted nearly half of the nation's 582,000 homeless people are in California. Ms. Lozeau reported the City regularly conducts census and point -in -time (PIT) counts of its homeless population to assess how it is meeting its goals and allow the City to receive federal resources. She noted there had to be modifications for PIT counts during the pandemic. She reported from 2019 to 2022, Anaheim's unsheltered PIT dipped by 30% while its sheltered PIT increased by 16% with an overall reduction of 11 %. She reported the Salvation Army shelter, the City's largest, averages 275-280 people daily for an 86% capacity at the 325-bed facility. She reported the City's unsheltered homeless averages 10 people per square mile and is 14% of the City's entire population. Ms. Lozeau reported the City created a monthly homeless collaborative meeting with over 200 service providers. She added City Net and the CCRT are often heard from but there are many other entry points into the City's system. Ms. Stepter reported on the City's holistic system of care, including prevention, street outreach, emergency shelter, rapid rehousing, and permanent housing stages. She clarified the Bridges at Kraemer Place Homeless Shelter is run by the Salvation Army and not the City. She added Kraemer will present later in the workshop. She noted the City's $100 million Section 8 Program is part of both the prevention and the rapid rehousing areas. Ms. Stepter provided a brief overview of the City's 4,033 existing affordable housing units, noting there are 575 more units currently in the pipeline. She highlighted several affordable housing developments in the City, including the 185 Permanent Supportive Housing (PSH) units currently in the pipeline. Anaheim Police Department (APD) Chief Jorge Cisneros reported in 2020 the APD decided to no longer respond to calls with no criminal nexus or safety concerns and added he planned to create the CCRT team to handle many of these calls instead. He reported the CCRT received 18,000 calls for service in 2022. He added the CCRT has contracted with Be Well OC and they have handled 858 calls this year. He reported a Psychiatric Emergency Response Team (PERT) team responding to 651 calls last year, noting the need for this team is Police Officers and not clinicians have the power to enact a Welfare and Institutions Code Section 5150 hold if needed. He reported APD responded to 202,000 calls for service in 2022 with 24,000 of those having a homeless nexus, accounting for 12% of the total calls. He reported on the proactive work by the APD in areas with a larger homeless issue. Chief Cisneros noted the City has some chronic low-level offenders who are unhoused. He added the County courts and Public Defender's Office has worked with the APD to address these individuals balancing their need for services while also holding them accountable for their crimes. Assistant City Attorney Mehtab Sandhu reported in collaboration with Chief Cisneros, the City Attorney, and others, the City started pushing its Anaheim Collaborative Court Evaluating Strategies and Solutions (ACCESS) Program to address regular offenders who do not have their underlying problems addressed. He added ACCESS meets these individuals early in the criminal justice system to attempt to get them into treatment for mental or drug issues to hopefully keep them out of the criminal justice system in the future. He reported the impetus for this is the increasing number of Fentanyl and other drug -related deaths among the City's homeless population. He reported what makes the Anaheim program superior to other municipalities is that other cities try to see someone within 7-14 days but Anaheim strives to make a first contact within 48 hours before their arraignment. He added the ACCESS system is less concerned with the crime and more concerned with why it was committed by the individual. He reported the plan began a year and a half ago but only began in City Council Minutes of January 24, 2023 Page 6 of 31 earnest on January 2nd and in this time five out of six criminals identified have taken the treatment plan. He expressed his optimism for ACCESS's success and added City staff is encouraged by the numbers already. Ms. Stepter reported on the financial side of this issue. She reported in 2017 a University of California at Irvine (UCI) study identified the need for a $300 million investment Countywide and a 2018 internal audit determined the City was spending $18 million annually addressing homelessness through staff resources. She added there was a $25 million investment from the General Fund into shelters in 2018 with three shelters being built within 79 days in 2019. Ms. Stepter reported the City presently has $59 million in designated homeless funding, comprised of $6 million from the General Fund, up to $6 million annually in federal funds, and $32 million in State funds. Ms. Stepter noted upcoming projects and programs include the continued piloting of the ACCESS Program, rehabilitation of the Tampico Motel, conversion of the Studio 6 shelter into PSH units, 257 new affordable units anticipated for 2023, a potential Phase 2 for the Center of Hope, and a Memorandum of Understanding (MOU) between the Anaheim Housing Authority and CalOptima Health for Rental Assistance program vouchers. Ms. Louzeau corrected her earlier comment, noting that homeless residents account for 0.14% of the City's total population and not 14%. She reported on the City's ongoing efforts, highlighted by a UCI study to evaluate the City's street outreach program and possible expansion of the CCRT team which is receiving far more calls than anticipated. She reported on ongoing discussions with local partners, regional collaborations, and federal and State agencies. She provided methods for residents to report homeless issues and key contacts. Salvation Army Orange County Director of Operations Ben Hurst reported on the history of the $100 million 14-acre all -encompassing Center of Hope. He invited the Council Members to tour the facility which follows the theory the City does not have a homeless problem but rather a homeless throughput problem stopping short of reintegrating homeless residents into the community. He stated the facility has hosted representatives of 36 cities aiming to follow the Center of Hope's lead of not stopping the cycle at PSH like most shelters. He noted the reintegration step being the measured outcome is unique and has led to global discussion within the Salvation Army. He lauded his sister's recovery from methamphetamine addiction to being successful professionally and in raising a family as evidence of how well people can recover if you believe in them. He noted the young Center of Hope has already serviced over 1,300 unique individuals. Mr. Hurst commended the City's staff and stated extraordinary things are going to happen for the City's homeless through the world -class Center of Hope facility. He added the City will soon be famous for its homeless work due to the center. DISCUSSION: Council Member Meeks lauded the Salvation Army's measure for success being reintegration. In response to Council Member Meeks' inquiry, Ms. Louzeau stated the City's measure for success depends on the specific service provider, reporting the outreach team is measured by its contacts, whereas shelters and housing programs are measured by entrances and exits in addition to where the exits are going. She stated there are goals around the census and PIT counts. She added the ACCESS Program aims to touch on several areas of the greater issue. She noted several of the plans run through restricted federal and State funds requiring specific data in reports. City Council Minutes of January 24, 2023 Page 7 of 31 In response to Mayor Pro Tern Rubalcava's inquiry, Ms. Lozeau clarified the City has a variety of protocols in responding to homeless who refuse City services depending on the type of response the outreach team receives. She noted some have needs for a specialized shelter such as a pet -friendly facility. She added that repeated refusals are documented before any enforcement action is taken if the resident is violating any laws. She noted it is not a crime merely to be homeless so it often stops if services are repeatedly refused. In response to Mayor Pro Tern Rubalcava's inquiry, Chief Cisneros clarified there are situations where the homeless can be removed from certain areas such as a sidewalk. He added homeless residents usually comply if an APD officer asks them to relocate if they are obstructing a pathway. Mr. Sandhu an arrest for camping would go to the City Attorney's office where they would have to meet a burden of proof the individual was lodging on the sidewalk. In response to Mayor Pro Tern Rubalcava's inquiry, Ms. Louzeau confirmed staff tracks the number of homeless residents who refuse services. She added this information has been helpful to Chief Cisneros' and Mr. Sandu's teams as it relates to harder -to -reach individuals. She added if people are receptive to help the City can usually get them off the streets very quickly. In response to Council Member Leon's inquiries, Mr. Sandhu clarified California Assistance, Recovery, and Empowerment (CARE) Court works on the civil end whereas ACCESS is on the criminal end. He stated it is at the point of arrest where staff believes it has an opportunity to touch some lives through ACCESS. He noted people who ACCESS is aiming to reach are service -resistant and difficult but may come to recognize a need for help when put into the criminal justice system. He added the difference between ACCESS and CARE Court is the ability to get to individuals at the very beginning of the process. He clarified CARE Court serves similar goals but on a different timeline. He confirmed the ACCESS Program is currently in its pilot phase. In response to Mayor Aitken's inquiry, Ms. Lozeau confirmed the City has built relationships with transportation agencies such as the California Department of Transportation (Caltrans) and the Orange County Transportation Authority (OCTA) to assist with homeless residents gathered on their properties within Anaheim. She added there are agreements allowing the City to go onto Union - Pacific Railroad and Caltrans property to conduct outreach and services with a notification. Council Member Meeks expressed frustration these transportation agencies are not even better partners in allowing better access for the City to conduct outreach on their property. She offered her assistance if needed. She stated the City needs to enforce some of its laws relative to crimes like camping and loitering because the most compassionate thing the City can do for a homeless resident is to get them off the street and into services. She stated the work being done by the City is important and staff needs to continue to push to get the homeless into services. She encouraged community members to report homeless -related issues. Council Member Faessel noted at one point every homeless bed in the City was in his District 5 and he became encouraged by a 2017 lunch with Mr. Hurst where he first introduced the Center of Hope's concept. He stated the City still has a lot of work to do with its homeless and expressed appreciation for the work done by staff. He noted the homeless advocates who attend every Council meeting remind them all there is still a way to go despite the good work of staff. He thanked Mr. Hurst for the Salvation Army's great work. Mayor Aitken closed the Workshop. INVOCATION: Pastor Moi Navarro, Sandals Church Anaheim City Council Minutes of January 24, 2023 Page 8 of 31 FLAG SALUTE: Council Member Carlos A. Leon PRESENTATION: Presentation by Orange County Supervisor Doug Chaffee Orange County Supervisor Doug Chaffee thanked the APD for its participation in his 4th District gun buyback program in October 2022. He reported the program got 400 firearms off of the 4th District's streets, including 16 assault rifles. He stated participants received Amazon or gasoline gift cards for voluntarily exchanging their firearms, making the District safer. He added free gun locks were also distributed to residents through the program. He added there will be another gun buyback later in the year and expressed hopes the APD will again participate and play a vital role. He thanked Chief Cisneros and Mr. Vanderpool for their help in coordinating the event. He stated the buybacks were anonymous with no questions asked or names are taken. He thanked several APD officers who assisted with the program. He lamented this will not end gun violence but noted this means fewer guns could be used by their owners or stolen and used while committing crimes. He commended how the seven police departments in his district came together seamlessly for the event and noted how well it speaks for the mutual aid the cities can provide each other when needed. Supervisor Chaffee commended the homelessness Workshop and added he has visited the Center of Hope, calling it a marvelous facility. Supervisor Chaffee presented a plaque to Chief Cisneros recognizing the APD's role in making the gun buyback program work successfully. ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at a later date): Recognizing January 2023, as National Mentoring Month Big Brothers Big Sisters of Orange County/Inland Empire Vice President of Marketing Christopher Erkelens accepted the proclamation. He stated National Mentoring Month is a time to recognize the investment people have made in the lives of others through their mentorship. He added National Mentoring Month is also a time to invite others to serve as a mentor through Big Brothers Big Sisters and give back to the next generation through a donation of their time. He thanked the City Council. Recognizing February 2023, as Black History Month Recognizing February 2023, as American Heart Month ADDITIONS/DELETIONS TO THE AGENDA: None PUBLIC COMMENTS (all aaenda items): City Clerk Bass reported that a total of 21 public comments were received electronically prior to 3:00 P.M. related to City Council agenda items and matters within the jurisdiction of the Anaheim City Council. [ A final total of 21 public comments were received electronically, distributed to the City Council, and made part of the official record]. — See Appendix. Mark Richard Daniels inquired if there has ever been anything comparable in Anaheim's history with two Council vacancies and a Mayoral resignation in such short succession. He expressed hopes there will not be another preordained appointment like with former Council Member Gloria Ma'ae. He stated he doubts tonight will be any different. He encouraged consideration for Annemarie Randle- City Council Minutes of January 24, 2023 Page 9 of 31 Trejo due to her Board experience and community involvement. He encouraged the City Council to make a wise decision and not merely replay the process from the previous year. Rebecca Kovacs -Stein reported the perceived frontrunners for the vacant Council seat Norma Campos Kurtz and Linda Newby have hidden ties to Disney -funded Support Our Anaheim Resort Area (SOAR). She added Ms. Newby also has connections to organizations such as the Anaheim Chamber of Commerce and Anaheim First and has donated to SOAR under her business name. She added Ms. Kurtz and her husband have also donated to SOAR but the payment was given directly to SOAR Executive Director Jill Kanzler. She reported Ms. Kurtz served on SOAR's Advisory Committee yet neglected to mention it on her Council application. She added Ms. Kurtz's application also does not mention her time with Anaheim First and decried the lack of transparency in her application. She theorized based on media reports the decision for the City Council vacancy was made weeks ago and lamented the likelihood of a SOAR -tied candidate being chosen. Kenneth Batiste stated this crucial upcoming vote could decide many upcoming Agenda items so special interests will put money in the process. He stated this is a chance to see if anything has changed. He added the worst part of corruption is how well it allows you to predict outcomes, stating Council Members Meeks and Diaz will side with The Walt Disney Company. He noted Council Member Diaz comes from communist Cuba where the people in power keep the others in poverty and still doubted he would vote for the people. He reported Council Member Meeks and Diaz will vote for the same person because of SOAR which he redefined as Screw Our Anaheim Residents. He stated a change is needed but questioned if the status quo would be maintained. Cecil Jordan Corkern reported he has files on subliminal pornographic messages in Disney's films. He stated he wants the District 4 seat to see Disney cleaned up. He reported the Polk County Sherriff's Department in the State of Florida made 17 arrests of Disney employees for child pornography. He questioned the work of past District 4 Council Members to clean up Disney's pornography. He reported God sent him to California to do this work and not to party. He reported he is also working on gun laws with United States Congressman Lou Correa. He stated a minister is needed for the seat and thanked Council Member Faessel. Anne Hertz-Mallari, Mayor of the City of Cypress and the Chief Executive Officer of the Boys & Girls Clubs of Greater Anaheim, expressed her appreciation for the City's ongoing support of the Boys & Girls Clubs. She reported they serve 800 Anaheim children daily at 10 clubhouses. She stated the data provided at the Homeless Workshop was impressive and indicative of good work being done by the City. She noted about 60 of the 800 children the Boys & Girls Clubs serve are homeless. She invited the Council Members to tour their clubhouses and expressed her excitement about working in their districts to provide additional youth and family support services. Mike Robbins reported Attorney General Rob Bonta is increasing enforcement efforts on housing laws and attempting to overturn local planning from blocking higher -density residential developments. He stated one of the goals for this Council, unlike previous Councils, should be increasing affordable housing. He noted the Council Members receive large amounts of money from builders but added a goal for the people will be to press the Council Members to make the affordable housing mandate a priority. Jeanine Robbins reported she, Mr. Robbins, and many in the audience have been attending Council meetings twice a month for decades and witnessed deplorable behavior from the dais. She added votes often fall in favor of special interests, training active residents to treat many decisions with skepticism, including yesterday's news about Angels Owner Arte Moreno deciding to not sell the team. She noted how the decision to sell changed with a new Council after his illegal deal with former City Council Minutes of January 24, 2023 Page 10 of 31 Mayor Sidhu fell through. She stated past actions have ingrained into many residents not to trust anyone at the dais. She added this is why the need for transparency from the City Council is so high, noting former Council Member Avelino Valencia did nothing for District 4 other than use his Council seat as a stepping stone for higher political aspirations behind big business money. She added the same special interest money elected many of the Council Members and noted Council Member Diaz has publicly said he would not have been elected without special interest money. She noted now- Assemblymember Valencia took Mayor Pro Tern Rubalcava on a recent tour and introduced her to business leaders yet he oddly does not appear in any of the photos on her social media. She added public comment should happen after a Workshop and not before one. She promised to remain vigilant about special interest -driven Council voting. Jan Matson criticized excessive noise from Disneyland between 12:30 A.M. and 3:30 A.M. on a few occasions over the past few weeks, including loud music and constant train whistles. She stated she has lived near the park for 30 years but has never heard late -night excessive noises except in the past few weeks. She added her neighbors agree. She reported Disneyland has received neighbor complaints and the excessive noise has ceased. She encouraged the City Council to support the residents and encourage Disneyland to be a better neighbor. In response to Mayor Aitken's inquiry, Mr. Vanderpool confirmed staff can look into why there were late -night loud noises, including the possibility of a special event, and added Code Enforcement can also look into it. Jodie Mosley reported the City has added unattractive murals to Beach Boulevard without asking the community. She stated nowhere in the Beach Boulevard Specific Plan were murals requested. She reported a representative of the City Manager's office responded the murals are pretty and deter crime but added they have already been covered with graffiti and attract crime. She noted these murals are not in the Specific Plan, residents do not want them, and Council Member Diaz agrees. She decried the ghetto -style appearance of the murals and added they are not good for their neighborhood. She inquired why the murals are there. She thanked the City for demolishing the Covered Wagon Motel and added 15 more need to go and should have been gone a long time ago. She encouraged the immediate demolition of the Anaheim Lodge and the relocation of people living in the dilapidated motel. She requested the immediate removal of the unwanted Beach Blvd. murals, an apology, and for the money to be better used for landscaping and motel demolition. She stated the Specific Plan exists with resident feedback and there is no call in it for cheap and unattractive murals. Cherie Grant reported she was surprised to see the newly -painted sidewalks along Beach Blvd., stated the art was ugly, and lamented they were soon covered in graffiti. She stated the sidewalk paintings should be removed and added residents also do not want painted murals on buildings. She questioned who approved the sidewalk paintings and murals, inquired about how much they cost, and requested to know what companies have the contract to do them. She stated the money could have been better spent on sandblasting sidewalks and fixing the dangerous lifted pavement. She stated if the neighborhood is kept in poor condition, the bad actors and crime will persist. She stated it is important for the City to look presentable and well -maintained but West Anaheim is a neglected stepchild. She stated West Anaheim needs to be improved sooner rather than later. In response to Mayor Aitken's inquiry, Mr. Vanderpool confirmed he can look into the background of the art installation and report back on the matter. He referred residents to the Rebuild Beach section of the City's website to see all of the plans for the area. Cecilia Flores reported she is representing residents at the intersection of Sunkist St. and Wagner Ave. She stated the safety of her neighborhood will be impacted by a project scheduled to go before City Council Minutes of January 24, 2023 Page 11 of 31 the Planning Commission. She reported a church at 2780 East Wagner Ave. had served her community for over 50 years but the proposal to convert it to a charter school will cause problems of traffic and congestion in a peaceful neighborhood. She stated the area is not safe for a school of the size proposed, out of an area already infested with traffic, the property only having one point of entry, and a driveway too narrow for hundreds of students to use daily. She inquired about noise protection and if barriers will be installed to protect adjacent yards. She expressed hopes the developer will meet with residents in good faith. She noted the church's hours do not conflict with already high traffic windows unlike a school's would. She added other residents were not made aware of the schools' plans and added her community is already well -served by other local schools. She noted a community center or senior center would be a better use of the land, as District 5 lacks both. Bryan Kaye thanked Mayor Aitken for chatting at a recent County Board of Supervisors meeting, Mayor Pro Tern Rubalcava for her recent social media post on the Museum of Tolerance, and Council Member Leon for taking on a challenging position. He expressed disappointment about not getting an answer from any of the Council Members about an unspecified matter. He commended Mayor Aitken and her kilt -clad husband for their positive displays of affection at her swearing -in ceremony. He offered the City Council the opportunity to read the factual petition he presented instead of the one with no factual evidence about hate speech usage from an APD officer. He encouraged the Council Members to reach out to him. Daryoush Ghashghai lamented the plight of Iranian people who have been tortured and then murdered. He encouraged everyone to show compassion and love for those they hold closest. He requested the City Council publicly condemn and renounce the Iranian regime in Iran for its crimes against humanity and its people. He stated such a resolution would give hope to those who feel abandoned. Max Ahmadi supported a proposed resolution against the inhumanity of the Iranian regime. He stated there was an outcry over George Floyd's death but noted there have been 1,000 killings in Iran. He stated it would have no environmental consequence or monetary consequence to the City but would show humanity. Tim Murphy inquired about the decision -makers behind the City's trash collection process, including the separation of food products from the trash. He stated it was a poor decision and should be for the voters to decide. He wondered if it is nothing more than an expensive experiment or if there is scientific evidence this will reduce methane gas. He requested data and evidence for why this is required. He stated this method of trash disposal will create problems of odor, insects, and rats. He inquired about the cost of the program to residents and questioned how it will be enforced. He requested the City Council reverse its course and let voters decide if it is wanted. Mayor Aitken stated this is something mandated at the State level. She requested he speak with Public Works Director Rudy Emami for more information. Vern Nelson repeated his public comments from before Closed Session for those not in attendance earlier. He advised the discussion of the People's Homeless Task Force lawsuit over the Angel Stadium sale and Brown Act violations must have been interesting for a nearly -completely new Council elected at least in part due to expressed opposition to the sale and championing of reform. He noted the previous ruling on potential Brown Act violations by former Mayor Sidhu came before the revelation of the FBI's investigation of corruption surrounding the sale and revelations about destroyed evidence. He stated many of the revelations about the investigation's nature would have affected the ruling. He noted Agent Adkins' affidavit states his impression based on his discoveries is former Mayor Sidhu's actions impacted the judge's decision in the case. He encouraged the City City Council Minutes of January 24, 2023 Page 12 of 31 Council to do the right thing relative to the Brown Act going forward. He encouraged the City Council to handle the next Angels negotiations properly and in the open. He stated the People's Homeless Task Force deserves an award for its persistence that led to the FBI and California Attorney General coming to the rescue. Henny Abraham, Iranian Engagement Director of the Republican Party of Orange County, reported she has been working since September 2022 on a highly non -partisan resolution. She told stories of her past encounters with Iran's morality police before immigrating to the United States at the age of 14. She reported 10 Orange County cities have passed the resolution and noted Anaheim has a large Iranian population. She reported repeated messages to Council Members with this request. She requested audience members in support of the resolution stand. She requested the City Council agendize and approve the resolution like several of its neighboring cities. Rebecca Lopez stated the City has no public sanitation. She added it is common in the City of Los Angeles and other large cities globally. She requested a public restroom and trash can at every bus stop as opposed to relying on third -party contractors. She stated there have been less than satisfactory results from City Net and APD's homelessness efforts, including a lack of available shelter space. She added it should be possible for an Anaheim resident to receive shelter in another city if Anaheim shelters are unavailable. She added transportation should be available to a homeless Anaheim resident to return to the City from another city because the City's outreach teams will not address your issue unless you are within the City's borders. Manuel Hernandez reported mental illness is created by government agencies to create profits for pharmaceutical companies through mind control programs. He stated mind control is real and called for readily available health care for the mentally ill and homeless. He referenced a segment about Havana Syndrome from the television show "60 Minutes." Wes Jones stated the administration of former Mayor Sidhu flourished during the pandemic when no public comments were permitted and the City Council did not care. He added that former Mayor Sidhu's administration tried to silence the people by requiring two seconds for an item to be agendized, preventing items not favored by the cabal from being heard. He noted things Agendized the cabal did not support were typically tabled immediately to get it out of their way for at least six months. He added the extra security at City Hall was likely put into place to chill people's rights to speak. He encouraged Mayor Aitken and Mr. Vanderpool to return to standard security levels. He requested libraries be open on weekends, noting some students do not have access to computers at home. He suggested the Council Members discuss homeless matters with Becks Heyhoe from the Orange County United Way who was part of the UCI study referenced in the Workshop. Paul Hyek requested walk-in homeless shelters. He called for changes with City Net. He decried the employees bullying bus drivers. He reported a large homeless encampment near the Anaheim Regional Transportation Intermodal Center (ARTIC) which needs to be removed. He stated homeless residents with trades could run shelters better than Mercy House, the Illumination Foundation, and City Net. He stated Anaheim needs homeless vendor systems akin to the City of Fullerton. He lamented the difficulties Ms. Lopez is having getting into a shelter in Anaheim. Mazatl Tecpatl Tepehyolotzin spoke of Native American women who were raped by colonists. He thanked a member of the Anaheim Union High School District (AUHSD) for voting to change the mascot of Anaheim High School from the racist Colonists nickname. He stated he stands in solidarity with the Iranians in attendance. He questioned why the nickname is still Colonists when there are 15,000 signatures on a petition against it. He referenced 2015's California Assembly Bill 30 known as the California Racial Mascots Act and added Colonists are an example of what it forbids. He inquired City Council Minutes of January 24, 2023 Page 13 of 31 when Chicano Heritage Month would appear on the agenda. He added the El Camino Real Bells represent genocide against Native Americans and should be removed. Donna Acevedo Nelson reported her son was beaten and killed by the APD in 2012 and she has been coming to Council meetings ever since to call for accountability and transparency. She stated 2023 should be the year for transparency as the City needs changes. She lauded having the Police Review Board, which she helped work hard for, but stated it is getting worse. She decried the secretive way Board Members are selected in private by staff and stated it should be done before the City Council for transparency. She called for an annual review of the Police Review Board and the ability for speakers to ask questions, noting they are often censored and told they are not familiar enough to ask what they are asking. She called for more public restrooms and the reopening of the La Palma Park bathrooms, noting she recently saw a woman publicly urinate in the park for lack of another option. Kathy Tran thanked the City for purchasing the Covered Wagon Motel and Anaheim Lodge, demolishing the former with the latter soon to go as well. She stated she looks forward to the City purchasing and destroying more of them along Beach Blvd. She thanked Planning and Building Director Ted White and the Code Enforcement staff for their hard work and responsiveness. She encouraged the City to keep up the hard work of cleaning up District 1. She noted the Beach Blvd. Specific Plan does not call for colored sidewalks and encouraged the City to follow the plan. She stated the sidewalk art did not look good and requested the sidewalk be power washed to remove the colors. She encouraged the City Council not to waste any money for a special election on Item No. 13 because the money could instead be used to improve District 4 based on residential requests. Mitra Mosallaie reported on dire situations in Iran caused by the morality police which have led the nation's women to protest. She requested the City Council stand in solidary with the people of Iran and pass a resolution condemning the Iranian regime. She stated it is a humanitarian issue where people are being deprived of their basic rights. She congratulated Mayor Aitken on being the first woman to hold the office and lauded how her volunteer work with the Girl Scouts of the United States of America encourages young women to have courage and make the world a better place. She stated the courageous girls in Iran are fighting for the end of this regime to make a better world. She encouraged Mayor Aitken to take the Girl Scout message to action. Arthur Castillo reported he formerly worked in the City's Parks and Recreation Department attempting to keep kids out of trouble. He stated the City could do better. He stated sometimes he is the only member of the public at Police Review Board meetings and lamented the lack of participation. He encouraged Council Members to attend the meetings on behalf of their districts. He agreed with Ms. Nelson's assessment of the difficulty in asking questions as a member of the public. He stated he supports the APD but is aware there are areas where they can make changes as it relates to youth. He reported the Board will have to learn to find some common balance for its contrasting viewpoints. He expressed concerns about what he hears from troubled youth about the APD and knowing no one listens to him at the meetings rendering him powerless. He requested an opportunity to share information with the investigators to help straighten out the City. He stated the City can do better. COUNCIL COMMUNICATIONS: Council Member Faessel requested the meeting adjourn in memory of the innocent victims of recent mass shootings including those in Monterey Park and Half Moon Bay, 39-year Anaheim Public Utilities Substation Electrician Jack Johnson, and Rob Hunter, General Manager of Metropolitan Water District Orange County. City Council Minutes of January 24, 2023 Page 14 of 31 Mayor Pro Tern Rubalcava displayed photos of events she recently attended including a Coffee with the Principal at Anaheim High School and a mural painting with the local Anaheim Elementary School District, thanking the Public Utilities Department for supporting the muralists with sustainability items. She thanked Congressman Lou Correa for hosting his Young Congressional Leaders event at the Downtown Community Center where area youth were able to learn about financial literacy. She also reported hosting a Young LULAC event at the Downtown Community Center last Sunday where approximately 200 families were served. She thanked Community Services Director Sjany Larson - Cash for her attendance and assistance with the event. She recognized USA Women's Volleyball player Morgan Hertz for her provision of skills training to local young athletes through Pro Play. She reported that a local business, Clinica Mi Pueblo, was damaged by a car crash, and eight people were injured. She thanked the Anaheim Fire & Rescue Department and Anaheim Police Department for their quick response as well as the Economic Development and Community Services Departments for offering services to the business. Council Member Leon reported his attendance at the Gilbert High School Hunger Drive and food distribution by Uplift Charities at the West Coast Islamic Center. He noted his participation in the Tet Parade in Westminster with Congressman Lou Correa, thanking all those who put the parade together. He wished all a Happy New Year. Council Member Leon looked forward to the future Council discussion regarding Angel Stadium. He requested the meeting adjourn in memory of Jess Saenz, a 95-year-old World War II veteran, and Anaheim High School graduate. Mayor Aitken appreciated the arts in schools. She thanked Congressman Correa for holding the Young Leadership Conference in Anaheim. She announced that she provided an Irish Blessing at the swearing -in ceremony for Orange County Supervisor Katrina Foley, reported that she attended her first U.S. Conference of Mayors in Washington, DC, where she served as a panelist for women mayors and visited the White House, and reported that she hosted a group of Girl Scouts in City Hall to learn about local government. Council Member Diaz showcased Habibi's Hot Chicken at 2955 West Ball Road, which opened in December 2022 and serves halal Louisiana hot chicken. He announced an upcoming District 1 Neighborhood Services meeting on Wednesday, February 8 at 7:00 P.M. at Dale Junior High School. CITY MANAGER'S UPDATE: City Manager Jim Vanderpool reported that the Anaheim Police Department continues to respond to several calls regarding street racing. He reported that Anaheim Police Department officers have been partnering with the Orange County Street Racer Task Force and thanked the Anaheim Police Department for their effort and participation in the task force. He announced that the Anaheim Public Library received an Association of Science and Technology Centers "IF/THEN" grant to assist women innovators in the science, technology, engineering, and math (STEM) fields. He reported that beginning January 2023, the Haskett and Ponderosa libraries would provide in -person and online sessions for the next generation of young women to explore STEM fields. He further announced that the Finance Department was awarded the Distinguished Budget Presentation Award from the Government Finance Officers Association for the 22nd consecutive year. CONSENT CALENDAR: At 7:44 P.M., the Consent Calendar was considered. City Council Minutes of January 24, 2023 Page 15 of 31 MOTION: Council Member Faessel moved to waive reading of all ordinances and resolutions and adopt the consent calendar in accordance with reports, certifications, and recommendations furnished each City Council Member and as listed on the consent calendar, seconded by Council Member Meeks. ROLL CALL VOTE: AYES — 6 (Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Faessel, and Meeks); NOES — 0. Motion carried. B105 1. Receive and file minutes of the Library Board meeting of December 12, 2022. D116 2. Approve recognitions recognizing Kay Carpenter for her nomination as the Cypress College Foundation's Citizen of the Year for Anaheim and Liz Dunster as the Cypress College Foundation's Person of the Year. D180 3. Accept the bid from Bradley Lighting, Inc., in the amount of $355,650.00 plus applicable tax, for the purchase of palm tree lighting fixtures for the Anaheim Resort Maintenance District in accordance with Bid #9654. D180 4. Waive Council Policy 4.0 and authorize an increase of $485,661.41, from an amount of $2,943,402.45 to $3,429,063.86, to the value of Purchase Order 521-399554 with Howard Industries c/o Young & Co. for the acquisition of various size transformers for Anaheim Public Utilities due to escalating prices for raw materials and production costs caused by supply chain impacts for manufactured electric distribution system transformers. 5. Waive Council Policy 4.0 and approve an Agreement with Peregrine Technologies, Inc., in AGR-13934 substantial form, in an amount not to exceed $1,500,000, for an investigative analytical support system for use by the Anaheim Police Department for a one year period with four optional one-year renewal periods; authorize minimal changes that do not substantially modify the terms and conditions of the Agreement, provided the changes are determined to be de minimis by the City Attorney's Office; and authorize the Chief of Police to execute the Agreement, exercise any renewal options, and take the necessary actions to implement and administer the agreement. AGR-13936 6. Approve a Master Consultant Agreement Master Agreement), in substantial form, with 32 AGR-13936 pp 9 ( AGR-13937 consulting firms, each in an amount not to exceed $450,000 per work order, with a $1,000,000 AGR-13938 per year limit per consultant, for as -needed Community Services related capital projects AGR-13939 AGR-13940 throughout the City each for a five year term with an optional six-month extension to complete AGR-13941 outstanding work orders; authorize the Director of Community Services, or designee, to AGR-1394 g execute and administer each Master Agreement and to take the necessaryactions to AGR-13943 AGR-13944 implement and administer the agreements; and authorize minimal changes that do not AGR-13945 substantially change the terms and conditions of the Agreement, so long as such changes are AGR-13946 AGR-13947 determined to be de minimis by the City Attorney's Office (Albus & Associates, Inc.; Alta AGR-13948 Planning + Design, Inc.; Architerra Inc. dba Architerra Design Group; BGB Design Group, Inc.; AGR-13949 Black O'Dowd & Associates, Inc. dba BOA Architecture; Blais & Associates, LLC; Community AGR-13950 AGR-13951 Works Design Group; David Volz Design Landscape Architects, Inc.; Environmental Science AGR-13952 Associates; Fuscoe Engineering, Inc.; Geosyntec Consultants, Inc.; GeoTek, Inc.; Group AGR-1395 Delta Consultants, Inc.; Harrington Geotechnical Engineering, Inc.; KPFF Consulting AGR-13954 AGR-13955 Engineers; KTU&A; Leighton Consulting, Inc.; LSA Associates, Inc.; Moore lacofano AGR-13956 Goltsman, Inc.; NUVIS; Perkins Eastman Architects, D.C.P., dba Perkins Eastman Architects; AGR-13957 AGR-13958 Petra Geosciences, Inc.; PlaceWorks, Inc.; PSOMAS; RHA Landscape Architects -Planners, AGR-13959 Inc.; RRM Design Group; Schmidt Design Group, Inc.; Shannon & Wilson, Inc.; SWA Group, AGR-1396 Inc.; Toal Engineering, Inc.; Ultras stems Environmental, Inc.; Verde Design, Inc.).AGR-13961 g g' y g AGR-13962 AGR-13963 AGR-13964 AGR-13965 AGR-13966 AGR-14066 City Council Minutes of January 24, 2023 Page 16 of 31 7. Approve the First Amendment to Agreement with KUBRA America West, Inc. for electronic AGR-11154.1 payment processing services for Utilities customers to extend the Agreement term from three years with two optional one year extensions to ten years with automatic one year extensions thereafter until terminated; increase the annual transaction services amount from $110,000 to $150,000; authorize $100,000 annually for as -needed software and services, and allow unused amounts to carry over to the following year; maintain an annual authorization of $40,000 for Change Orders; and authorize the Public Utilities General Manager, or designees, to execute the First Amendment, order forms, work orders, change orders, and any related or associated documents for software licenses, subscriptions, maintenance, and related services for electronic bill payment and customer service solutions, and to take the necessary actions to implement and administer the Agreement as amended. 8. Approve the Special Package Transient Occupancy Tax Agreement with Walt Disney Travel AGR-13967 Co., Inc., and authorize the City Manager to execute the agreement and any amendments thereto that do not alter the amount of transient occupancy tax due and payable under the agreement. 9. ORDINANCE NO. 6551 (INTRODUCTION) AN (UN -CODIFIED) ORDINANCE OF THE M142 CITY OF ANAHEIM establishing the campaign contribution limit for the election cycle commencing January 1, 2023, pursuant to Anaheim Municipal Code Section 1.09.050 (campaign contribution limit increasing from $2,200 to $2,500). D114 10. Approve minutes of the City Council meeting of August 23, 2022. BUSINESS CALENDAR: D154 11. RESOLUTION NO. 2023-007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM for exception to the 180-day wait period in compliance with Government Codes 7522.56 and 21224 (Resolution to waive the 180-day waiting period for an APD retired annuitant (appointment of Vincent Delgado, Police Investigation Technician, as a retired annuitant, effective January 25, 2023). Human Resources Director Linda Andal stated the item is a resolution requesting the waiver of the 180-day waiting period in approving the appointment of Police Investigative Technician Vincent Delgado as a retired annuitant. She noted, except for sworn personnel, the California Public Employees' Pension Reform Act of 2013 (PEPRA) provides an employee who retires from a public employer must wait 180 days before starting employment with any member agency unless the City Council approves filling a critically -needed position. Ms. Andal reported Mr. Delgado retired on December 30, 2022, after being responsible for conducting APD and Anaheim Fire & Rescue (AF&R) polygraph examinations. She stated there is an immediate need for an experienced polygraph examiner based on APD and AF&R staffing levels and recruitment. She stated approval of the item will authorize rehiring Mr. Delgado as a retired annuitant to bridge the period needed for the City to meet minimum staffing needs, decrease over time, and provide the needed experience to train and mentor Mr. Delgado's successor. MOTION: Council Member Faessel moved to approve RESOLUTION NO. 2023-007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM for exception to the 180-day wait period in compliance with Government Codes 7522.56 and 21224 (Resolution to waive the 180- day waiting period for an APD retired annuitant (appointment of Vincent Delgado, Police Investigation Technician, as a retired annuitant, effective January 25, 2023), seconded by Council Member Diaz. City Council Minutes of January 24, 2023 Page 17 of 31 ROLL CALL VOTE: AYES — 6 (Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Faessel, and Meeks); NOES — 0. Motion carried. B105 12. Consider (re)appointments to certain city Boards and Commission to serve terms ending December 31, 2026. Housing and Community Development Commission: District 2 appointment: Robert Esparza (term ending December 31, 2026) NOMINATION: Council Member Leon nominated Robert Esparza. ROLL CALL VOTE: AYES — 6 (Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Faessel, and Meeks); NOES — 0. Nomination approved. Planning Commission: District 3 appointment: Michelle Lieberman (term ending December 31, 2026) NOMINATION: Mayor Pro Tern Rubalcava nominated Michelle Lieberman. ROLL CALL VOTE:AYES — 6 (Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Faessel, and Meeks); NOES — 0. Nomination approved. Senior Citizen Commission: District 3 appointment: Kandee Beas (term ending December 31, 2026) NOMINATION: Mayor Pro Tern Rubalcava nominated Kandee Baes. ROLL CALL VOTE: AYES — 6 (Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Faessel, and Meeks); NOES — 0. Nomination approved. D114 13. Consider an appointment to fill the District 4 City Council vacancy. I. Candidate Opening Statements II. City Council Questions/Answers with Candidates III. Public Comment District 4 appointment: Norma Campos Kurtz (term ending November 2024) City Clerk Theresa Bass reported former Council Member Valencia was elected to the California State Assembly and resigned from the City Council on December 4, 2022. She added under Section 5.03 of the City Charter, a vacancy on the City Council should be filled by the City Council within 60 days, and should the City Council fail to do so, the vacancy would be filled by an election. She noted at December 20, 2022 City Council meeting, staff was directed to commence an application process and solicit community input. She reported on the staff's robust outreach effort to encourage applicants and obtain input. She reported 14 applications were received during the application period with one candidate withdrawing their application after the meeting's agenda was posted, leaving 13 candidates to consider tonight. Ms. Bass stated each candidate will have an opportunity to provide an opening statement in alphabetical order. She noted a question -and -answer portion will follow the opening statements and then open for comments by the public. She added if an appointment is not made by February 2, the seat must be filled by a special election at an estimated cost of between $205,930 and $227,239. City Council Minutes of January 24, 2023 Page 18 of 31 DISCUSSION: Mayor Aitken thanked all of the applicants and noted Council Members have met and spoken with the applicants individually. She thanked all of the District 4 residents for their insight into what they would like to see in a Council Member and what issues are the most important to them. She thanked the staff for providing the organized process. She expressed hopes all applicants stay involved in making the City a better place and noted she has both won and lost Mayoral elections so she understands how it feels. Mayor Aitken requested after the candidate opening statements for each Council Member to be prepared to present a candidate to advance candidates to the question -and -answer portion of the process. In response to Mayor Aitken's request, none of the Council Members objected to this process. I. CANDIDATE OPENING STATEMENTS: Cecil Corken stated he can run for Council for his understanding of Disney security and the City. He stated as a minister he can pull strings with what God provides. He stated the City needs a minister on the team and this is his opportunity to counsel the City Council. He stated he is trying to clean up Disney from the pedophiles. He stated he is ready to answer questions and add to what the Salvation Army does to help the homeless. He stated the homeless need a minister's help, and the APD should round the homeless up and bring them to the Salvation Army for counseling and ministering as well as he does. He added he prays for the City Council daily. He reported he works on gun laws for Congressman Correa. He stated he is available to answer questions. Alfred Cuellar thanked the Council Members for meeting applicants. He requested the City Council recognize his profound love for Anaheim demonstrated through years of volunteer community service. He stated the District 4 representative must understand the community and be the voice of its residents and business owners. He added the Council Members must be able to reason when confronted with urgent challenges, moving differences aside to work together for the common good. He stated the representative should be responsive to the community in decision -making. He stated he is that candidate, noting the Council Members have seen him organizing community events. He stated his appointment would be a great example for his two daughters about what can be accomplished with perseverance. He stated good things are coming for District 4 residents. Daniel Dominguez stated he is a 35-year City employee who retired in 2006 with no political aspirations. He stated he wants to fill this two-year term as a thank you to the City for all of the wonderful years of service he was allowed to have. He reported driving through all of District 4 recently and stated he was pleased with how many projects he worked on for the City turned out, including Hermosa Village. He stated he will support whoever gets the position. He discussed his history working on the City's code enforcement staff and thanked Mayor Aitken for giving him this opportunity. Steve Douglas stated there are three reasons to appoint him. He stated the first reason is his experience working with large and small businesses, noting he would professionally treat all businesses — even Disney — the same regardless of their size. He added he would work with trade unions and business owners to keep them in Anaheim while attracting new ones. He said the second reason is his love of Anaheim, tracing his wife's roots in the City back to 1891, noting her grandfather, Eli Smith, helped found the City. He stated the third reason is his motto to keep it simple and just serve. He added he will soon retire and have the time to serve the City, putting the needs of the residents first. He added he drives for Uber and Lyft, bringing him to every corner of the City. He stated he would like to establish neighborhood teams as part of a community approach and combat quality -of -life issues like overcrowding. He pledged to hold landlords accountable through code City Council Minutes of January 24, 2023 Page 19 of 31 enforcement, encourage community policing, and demand faster response times. He added he would develop a neighborhood team to address homeless issues. Lisa Drake stated she is a Certified Public Accountant (CPA) and a professor of Accounting and department chair at Foothill Community College. She cited her expertise in analyzing financial reports. She noted she started the college's first accounting ethics course. She stated as an educator she has learned the value of working collaboratively and working with diversity, equity, inclusion, and transparency. She stated the opportunity to serve her community has become increasingly important as she nears retirement. She added she is a tireless worker, a good listener, and a firm believer in personal integrity. She stated her professional background and personal attributes could be of use to the City as it tackles its issues, done with the transparency residents deserve. David Flores stated he has seen the City grow dramatically over seven decades, acknowledging growth is a challenge. He stated he has learned much from a career in manufacturing, 20 years as a volunteer coach, and a volunteer for Toastmasters International. He noted he taught the ideals of hard work and teamwork as a football coach and mentored many in communication skills through Toastmasters. He added he comes to the City with absolutely no public interests, special interests, or political ambitions — only a desire to serve. He noted as a retiree and full-time grandfather he has ample time to commit to the position. He stated he brings respect, integrity, and service. He stated he would like to see transparency as the districts not only work for themselves but as a team, noting his experience is in teamwork and service. Talab Ibrahim explained as a small business operator he understands the challenges and issues facing residents, businesses, and the City as a whole. He reported his father migrated to the United States at the age of 17 and worked to support his family while earning a master's degree, noting some of the lessons he took from his father are to always better yourself and improve. He noted his father served on a City Council in Palestine and encouraged him to apply. He reported he earned an engineering degree from California State University, Fullerton while also operating the family business, later becoming a manager of three properties. He stated this experience has provided him with the experience of how to plan and execute projects. He noted he understands the importance of creating a business -friendly environment that encourages economic growth and job creation. He encouraged attracting high -paying jobs to the City attracting skilled workers to help create a vibrant community. He endorsed creating safe neighborhoods and creating sustainable developments. He pledged to work tirelessly for Anaheim to become an internationally -recognized City for families to thrive and businesses to prosper. He added the City can overcome its many challenges. He expressed his confidence in his ability to bring people and businesses together. He stated the City's children deserve better schools and playgrounds as part of ideal living conditions for young families. Norma Campos Kurtz noted she has experience in business having worked for a major communications company for over 20 years. She added she has worked for labor and two legislators —California State senator, Joe Dunn, and an California Assemblymember, Tom Daly. She added her experiences working with the legislators led to her belief that elected officials represent and serve the constituents. She pledged to make herself available to the residents of District 4, meeting with them in their neighborhoods and taking City services to their neighborhoods. She cited parking issues, high housing costs, a run-down State College Blvd., short-term rentals, code enforcement response, high traffic, and crime as some of the issues facing District 4 — similar to those Citywide. She stated this is a perfect time for the City Council to address quality of life issues. She committed herself to work with the entire Council to better the lives of residents. Mark Lopez credited his World War II veteran grandparents' support for his ability to attend college, work, and own a home in Anaheim. He stated they instilled a sense of accountability, integrity, and work ethic in him. He added they also make him see the importance of senior citizens and veterans City Council Minutes of January 24, 2023 Page 20 of 31 as the City budgets limited resources. He reported he worked for the Orange County Board of Supervisors, gaining valuable experience and leading him into public service. He stated his most important accomplishment is working with youth in public schools. He thanked the City Council for its support of Anaheim's public schools and assistance to working families. He encouraged strengthening the relationship between the schools and the City. He added working with youth is not an academic exercise for him but rather mentoring and advocating for young residents is something he does daily. He added decisions made today will have the longest -lasting impacts on their futures and holistically investing in children is an investment in all of their futures. He stated he would be honored to help bridge gaps between the City and its schools. Yudy Morales -Salazar quoted from the Bible about using your gifts to serve others. She reported she is a Guatemalan immigrant, arriving penniless in Anaheim in 1989. She stated she is the American Dream and knows what working hard, opportunities, and loyalty means working your way up from the bottom. She expressed her belief in the ability of a local government to make a difference. She expressed her desire to work for the City to make the community where she raised her four children even better. She expressed her excitement to integrate ideas, skill sets, and better outcomes to improve neighborhoods. She stated she is a compassionate person and added a leader has to be able to connect with both residents and businesses, noting she has the communication skills to be of service as a liaison in the diverse community. She championed her service to her children's elementary schools, including serving as a Parent-Teacher Association (PTA) Board member among other volunteer roles. She added she earned a certification as a chaplain and now serves as a volunteer chaplain for the UCI Medical Center. She added she also has 30 years of experience with finances and knows State regulations, and how to adhere to policies. Linda Newby reported she has served on many boards and commissions as an example of her working knowledge of how things work in Anaheim and with the process of community service. She stated she does not have political operations but the opportunity to be an 18-month placeholder appeals to her being a leader for her district. She likened the strong applicant field to when she first helped form Leadership Anaheim, bringing eager people forward to help the community. Annemarie Randle-Trejo noted the City Council has an arduous task ahead of it on this appointment. She stated she has always been a volunteer, from her daughter's Girl Scout troop and extending to many other organizations such as the Young Men's Christian Association (YMCA) and PTA. She expressed her passion to advocate for underserved students and their families and noted she has served 10 years on the AUHSD Board. She noted the fact she ran unopposed in the latest election speaks volumes about her strong work and the overall success of the School District. She outlined some of the innovative collaborative efforts AUHSD has executed during her tenure with local businesses and other organizations to benefit students and their families, serving the whole community. She stated the City Council can transform the hearts and minds of the community by rethinking how services are delivered so many citizens do not feel unrepresented. She added the dark clouds over City Hall from unfortunate recent events are a dark stain on everyone in the City. She stated the City Council can only solve issues like housing and homelessness by working together. She stated despite having world -class tourist attractions, Anaheim should be able to maintain a small-town feel with attention shifting toward the citizens. She noted the City Council seat is usually decided by voters and she finished second in the most recent District 4 election. She added she is known, experienced, and has a proven leadership record which will go a long way towards gaining the public's trust. Dean Reynolds stated he has a vested interest in the community as a 55-year resident and homeowner whose children were raised in Anaheim with two still residing in the City. He stated he represents a grassroots format with no political agenda or aspirations. He stated he is tired of being City Council Minutes of January 24, 2023 Page 21 of 31 an armchair citizen, making an analogy to an armchair quarterback. He noted he has been involved in the past with the Anaheim Museum, Anaheim Historical Society, the Boy Scouts, and Foster Parenting Orange County, showing how he is civic -minded. He added the issues facing District 4 are not unique but is multi -faceted with no simple solutions. He cited homelessness as an issue concerning to him, adding it is neither new nor unique to Anaheim. He stated affordable housing can be an oxymoron and wants to help residents without it becoming a handout. He added crime dates back to Old Testament tales of Jacob and Esau or Cain and Abel so the issue has always been with society. He called for more comprehensive traffic and parking controls, encouraging more citizen involvement with these issues plus crime prevention. He encouraged government transparency and equal time for all citizens and all businesses. He quoted physicist Albert Einstein in stating that problems cannot be solved with the same thinking used when the problems were created. DISCUSSION: Mayor Aitken requested each Council Member to select a candidate to move forward for further consideration. Council Member Meeks selected Linda Newby to move forward. Council Member Faessel selected Norma Campos Kurtz. Mayor Pro Tem Rubalcava selected David Flores. Council Member Leon selected Lisa Drake. Council Member Diaz selected Yudy Morales -Salazar Mayor Aitken selected Annemarie Randle-Trejo. In response to Council Member Leon's inquiry, Mayor Aitken confirmed the remaining candidates are excused with the City Council's extreme thanks and gratitude. Council Member Leon reported meeting with every candidate and wishing those conversations could have been longer. He echoed Mayor Aitken's sentiments in expressing his thanks to the candidates for putting their names forward. He noted he was in their position applying for the District 2 vacancy in 2021 and expressed hope this is not the end of their involvement with the City. II. CITY COUNCIL QUESTIONS/ANSWERS WITH CANDIDATES: Mayor Aitken stated questions would be asked of the remaining candidates in random order, so no single candidate has the advantage of always being either first or last and directed Ms. Bass to select them as such. She added she will start with Council Member Diaz and go in order by district. She noted for transparency she requested in advance the Council Members come prepared with questions. Question No. 1 - Council Member Diaz inquired what the candidates see as the role of the City Council. Mr. Flores stated the Council Members are akin to a Toastmasters Area Governor. He added they are the most important people in the organization as they have direct contact with the membership and those in leadership roles depend on them to provide information from members. He stated the Council Members listen to what people have to say, are open to their ideas, and work as a team to City Council Minutes of January 24, 2023 Page 22 of 31 continue to help the team emerge from crisis and create a City current and future citizens will be proud of. Ms. Morales -Salazar stated the City Council is the most representative of democracy. She added it represents the public, operates the budget, approves policies, and levies taxes. She noted the City Manager oversees the day-to-day operations but the City Council oversees it all. She stated the City Council is also the liaison with the community, providing the opportunity for everyone to speak. She stated the City Council is a local government able to listen to and represent the community while overseeing the financial and overall interests of the City. Ms. Drake stated the City Council sets policy and added Council Members are representatives of their districts. She added it is incumbent upon Council Members to interact with residents and learn what is important to them to be brought back to Council. She added it is a body working together to advance the better interests of the City. She noted some issues are localized to a certain neighborhood such as a parking zone and others are Citywide like homelessness and affordable housing. She stated the City Council is the liaison between residents and the government. Ms. Kurtz stated the City Council sets policy, establishes a budget, ensures the City operates within the budget, attracts businesses, and sets standards. She added most importantly the City Council serves its constituents, referring to both residents and businesses, to ensure a high quality of life standard for residents and prospering businesses. She stated the City Council sets the standard for the City and it is important to work together to achieve the goals. Ms. Newby echoed what the other applicants said and highlighted the City's professional staff as an asset. She stated it is important to empower the staff to do the work they are professionally trained to do. She added it is important for Council Members to listen to and be guided by not only residents but also what professional staff know so their designs and ideas can be implemented. Ms. Randle-Trejo noted the previous applicants covered the bases in terms of policy setting, establishing the tone of the City, and instructing the City Manager to follow through. She noted the City Council must work and collaborate as a fantastic attribute. She noted they all only get one vote and they must represent the whole City in addition to their districts so Council Members need to be available not only for events in their districts but all across the City. She stressed communication and collaboration are key so ideas are heard from all sides of an argument. Question No. 2 - Council Member Leon inquired if ethics, transparency, and trust are important characteristics of a Council Member and, if so, how would they bring it to City Hall. Ms. Drake stated ethics are hugely important. She noted there is an ethics requirement she must follow as a licensed CPA, in addition to adhering to standards of independence in appearance and in fact. She clarified it is a tenet to not only look independent but to be independent. She confessed ensuring ethics are followed is tricky, noting she has both studied and taught the subject. She noted that increased transparency helps ensure ethical guidelines are followed and it helps to rip the lid off of the decision -making process so people can see the City Council is acting ethically. She stated they owe ethical behavior to their constituents. Ms. Randle-Trejo stated transparency and accountability are extremely important, adding this was what she ran on in her AUHSD Board elections. She stated Council Members have to uphold the standards of their oath. She added they must show the ugliness and examine it so it can be fixed. She reported this process of book -opening has been done on the AUHSD Board many times to meet the State's triennial Local Control Accountability Plan (LCAP) regulations. She added it is an arduous City Council Minutes of January 24, 2023 Page 23 of 31 and painstaking process but it must be done, adding it is also the right thing to do because the public and children are watching. Ms. Morales -Salazar reported she must pass an annual State ethics and compliance test as part of her profession. She added this also has to do with transparency. She added she manages grants and donations for the UCI School of Medicine, making following every detail in the documents important and every dollar must be documented. She added being transparent, truthful, and following all of the rules requires a person of character and integrity. She added if a late amendment must be made, it should be done in public and not after it was presented to the parties involved. She stated she believes in ethics, and compliance and that transparency demonstrates when a person has character and integrity. Ms. Newby noted ethics are a matter of how people live their lives beyond only how they would perform as a Council Member. She stated everyone thinks ethics are important but how they demonstrate it is seen in how they live their lives and serve in their community. She added Anaheim can learn what transparency does not look like from its recent cycle and has tried to be more open and set a better example moving forward. Mr. Flores stated integrity plays a large part in how you behave ethically. He added ethics are an important part of any organization. He stated the core of the question is Council Members make decisions affecting other people and there needs to be an ethical view of how those decisions are made. He noted the key is the level of transparency involved. He clarified the epitome of ethics is if you do what you say you will do in public when no one is watching. He stated you are a person of integrity when you do in private what you say you will do when talking to others. He added Council Members need to abide by the set ethical standards. Ms. Kurtz agreed with Mr. Flores's insertion of the word "integrity" into the consistent answers of her fellow applicants. She clarified if you have integrity the decisions you make in public should be the same as what you discussed in private with no changes due to the audience. She stated they must be as transparent in negotiations and discussions as legally possible. She added if this process is continued, the City Council will earn the very important trust of its residents. She stated trust is earned and it can only be earned if you are ethical, have integrity, and operate with transparency so people can see your vote how you say you will. Question No. 3 - Mayor Pro Tem Rubalcava inquired how the applicants would approach the common quality of life issues facing residents and what their strategy would be to get something done for District 4. Ms. Newby noted she has lived in an apartment, townhouse, and her own home so she understands the challenges and opportunities of different neighborhoods and housing situations. She added she understands public safety through attending the APD's Public Awareness through Citizen Education (PACE) class, noting different APD chiefs over the years have managed the force differently. She commended how Chief Cisneros has put community policing first and his focus on making call times accountable. She added she is also a business owner so she also understands the small business environment. She stated she has all areas covered from personal experience. Ms. Drake stated the public safety issue is the biggest issue. She reported there were recent issues of theft and vandalism in her townhome community leading to a very educational meeting with the APD. She stated the best way to reduce these issues is to get to know your neighbors. She encouraged community involvement to help bring the community cohesively together to address some of these issues that cannot otherwise be solved without residents looking out for one another. City Council Minutes of January 24, 2023 Page 24 of 31 Mr. Flores focused his response on affordable housing, noting supply and demand drive prices within an area and everybody wants to live in Southern California, driving up the cost of living. He added this is more of a supply issue making the housing market too expensive. He stated the City Council should encourage development within the City to help bring developers who want to supply the City with needed housing. He noted would-be residents being forced to live in other cities due to costs and then commute to Anaheim for work makes other matters worse for Anaheim's residents. He added the caveat of developers needing to understand there are responsibilities in the development and they cannot simply displace anyone they want, noting there are lifetime residents who live on fixed incomes and risk losing their property. He stated the City needs to think outside the box on how to encourage development while protecting citizens on fixed incomes who are at risk of being displaced while also being business friendly to help encourage investment in the City. Ms. Randle-Trejo noted the phrase quality of life means many different things to people ranging from noise ordinance enforcement to housing conditions. She stated the starting point needs to be getting stakeholders together for courageous conversations. She added "quality of life" makes her think of the basics of food, clothing, and shelter. She noted AUHSD built a farm at Magnolia High School as a dual-purpose provider of food for the community and a science laboratory. She reported AUHSD has programs where students are learning about community service and coming up with innovative ideas. She stated residents are working multiple jobs just to make ends meet and deserve help from the City. She added she would look to help District 4 residents by reaching out to AUHSD because they are already tackling quality -of -life issues. Ms. Kurtz stated District 4 is comprised of several distinct neighborhoods. She stated she would work with each neighborhood on their priorities which range from parking to short-term rentals to crime and traffic patterns to the rehabilitation of State College Blvd. depending on where you are asking within the district. She added going on a neighborhood -by -neighborhood basis would be a good way to start addressing the district's issues. Ms. Morales -Salazar stated she likes the Anaheim Anytime phone application for reporting things including graffiti, crime, and abandoned mattresses. She expressed support for the CCRT and added it can achieve even more if the City enhances the program. She commended the Salvation Army and added she enjoyed the presentation during the homeless Workshop for living one block from the Center of Hope. She noted the Ponderosa neighborhood has parking issues and they can encourage residents to report it on Anaheim Anytime. She commended the City Council for approving the hiring of more APD officers and complimented the APD's work. She clarified the Anaheim Anytime app, the CCRT, the Salvation Army, and letting the APD do its job are the keys to quality of life for her. Question No. 4 - Council Member Faessel noted he and his team interviewed each of the six remaining applicants for at least an hour and a half, adding City Hall was dark when they wrapped up with Ms. Randle-Trejo last night. He offered each applicant a chance to share any other comments they feel are important but had yet to share. Ms. Morales -Salazar stated she did not talk enough about housing in her discussion with Council Member Faessel. She added supply and demand are part of this topic and the City can incentivize developers to build properties to help cover the percentage of the population in need of affordable living. She lauded the percentage of the ocV!BE project dedicated to affordable housing. She stated she would like the City Council to know affordable housing is one of her priorities. She added community communication would be one of her priorities so residents know what is available to them, noting knowledge is power. She stated how she has to approach communication with her 17-year-old son and 80-year-old father differs. She added she will pursue community outreach to create community involvement. City Council Minutes of January 24, 2023 Page 25 of 31 Ms. Newby agreed with Ms. Morales -Salazar about how Anaheim Anytime is something the City does well, commending its productivity in addressing civic problems. She noted Mrs. Faessel won an award one year for reporting the most issues through the app. She stated one weakness of the City today is talking about what it does well, adding Anaheim Anytime as one example. She stated the City has survived the pandemic through its tourism which is an accomplishment the City should be talking about more often. She encouraged a campaign to show appreciation for the City staff. She noted she and Council Member Faessel discussed a monthly highlight of a staff member and what they feel they have accomplished at City Hall for residents. Ms. Kurtz stated she has not yet discussed increasing services to senior citizens, noting the City only has one full-time and two part-time employees providing services to the City's senior citizen population. She encouraged increasing the staff to increase services for senior citizens, adding services to all community centers. She clarified she considers businesses of all sizes as constituents and aims to ensure they have the tools they need to succeed so they stay in Anaheim. She added this can also help attract more diverse businesses to the City, providing funding for things like senior citizen services and library hours. Mr. Flores reported he and Council Member Faessel spoke as old-timers about how much the City has grown up and changed in their lifetimes. He stated he did not agree with the public speakers who accused the Council Members of having already made their selection. He stated he felt a sense of integrity in speaking with each Council Member. He emphasized he has no political ties or special interest ties to anyone. He stated he would come to the City Council listening to everybody and is an open book to serve the community as well as he can with the facts presented. He promised he will serve the community with integrity in the best interests of the entire City with no external ties. Ms. Randle-Trejo recalled when she was first appointed to the AUHSD Board 11 years ago it was not a majority party -affiliated Board appointing her. She recounted assuming a seat on a diverse, divided, and divisive Board where things could get ugly. She noted she was able to pull the Board together because part of her presentation was presenting to them what they look like pounding fists on the dais and making staff and constituents feel horrible. She encouraged the Board to do things differently and instead focus on why they are there doing this job. She added it allowed for better collaboration and the Board flourished. She noted she is the only one of the applicants who has been in this position and worked together to make things happen. Ms. Drake noted she is a recent resident of the City, moving there in 2020 unlike the lifetimes spent in Anaheim by other applicants. She stated she is excited by Anaheim and added she and her husband lived in Orange County as teenagers and decided to return. She added research led them to Anaheim because of its potential to become a diverse urban center. She discussed the process behind the appointment and noted she likely would not have received a chance to speak individually with each Council Member under any other circumstance. She reported finding a warm and welcoming group of people who provided their phone numbers and encouragement to stay involved regardless of whatever happens tonight. She stated it meant a lot to her. Question No. 5 - Council Member Meeks inquired about how the applicants will handle the inevitable challenge of wanting to provide additional services for residents but hitting a budgetary wall. Ms. Kurtz stated she would look first at things important to residents and businesses across the board, such as the APD and AF&R. She added next would be services that helped residents survive the pandemic and because important daily such as the library system, community centers, and other broad services servicing the most people. She stated it is important to maintain good salaries for City staff so Anaheim attracts the best and brightest. She added she would be willing to let go of things City Council Minutes of January 24, 2023 Page 26 of 31 she would like to do in District 4 but perhaps seek alternative ways of funding them so they are not lost to budgetary constraints. She stated she would help businesses truly succeed so there is an increase in revenue to the City. Mr. Flores stated budgeting is always an issue regardless of what organization is being discussed. He added budgets also have to be flexible because they can change, noting the pandemic's sudden negative impact on the Toastmasters budget. He stressed the importance of prioritization in a budget crunch, adding he would have essential City services well -funded first to maintain a healthy quality of life for residents, singling out City staff and the AF&R. He stated as it relates to improvements, the City Council should discuss what is the most important to the City as a whole, even if a project in a different district will help the City more than one he is championing for District 4. He stressed the teamwork he taught in his coaching career as being part of the solution and added there will always be next year for the District 4 project. He added Council Members have to be open to the idea they cannot have it all and prioritize things to enhance the City as a whole. Ms. Randle-Trejo stated the first step is ensuring all of the City's budgetary stakeholders know the situation. She added she would have City staff take a one -page sheet on the budget directly to union members and other employees so they know what is going on. She stated she would add more Workshops for the public to see the budget in the name of transparency. She agreed to prioritize City services like the APD and AF&R is important. She stated a priority is making sure all residents have heat and electricity whether they can afford to pay or not. She noted small pieces of beautification may be seen as a luxury items but beautiful neighborhoods uplift the City. She added there can be ways to do this without spending money through methods such as volunteers. She added if the City Council works together it can balance the budget, give raises, and keep the City safe at the same time. Ms. Morales -Salazar noted budget is in her daily life as a fiscal officer and the City is no different than an individual because no one wants to run a business in a deficit. She stated she would regularly look at the City's sources of revenue and expenditures to gauge the balance point. She emphasized the importance of a monthly balance looking at day-to-day operations. She noted if this assessment ends with a surplus, District 4 needs it. Ms. Drake stated she loves analyzing budgets because the allocation of resources is an important thing to learn both personally and professionally. She stated when instructing students about budgets you must know where your money is coming from and then what your needs are. She noted not all needs will be prioritized the same for every person which is where consensus comes into the picture. She stated residents and businesses alike must have their basic needs met not added there must be an ability to reach a consensus with colleagues because not everyone will assess the level of needs the same way. Ms. Newby agreed with Ms. Drake's consensus comments and added the word "compromise." She stated Anaheim First ended up with a dark shadow but lauded the pride of the process in its work. She added Anaheim First monthly looked at the City budget by District and listed priorities, making compromises so any given district could address an urgent need. She noted the needs sometimes have to sync with the timing of a funding request. She stated as it relates to knowing where the money comes from the Resort is the City's economic engine and the funding for the APD, AF&R, libraries and other things comes directly from the Transient Occupancy Tax (TOT) generated by the Resort. She stated it is important for the City to recognize this fact and honor it. Question No. 6 - Mayor Aitken requested the applicants discuss a situation in their lives where they embodied the kindness modeled in Anaheim's "City of Kindness" motto. City Council Minutes of January 24, 2023 Page 27 of 31 Ms. Randle-Trejo noted they are celebrating Kindness Week at the elementary school where she works. She added unkind things are said to her all the time by small children with behavior issues so she has to be a model of kindness to redirect the children's behavior and show them how they should respond to the unkind. She stated she embraces the "City of Kindness" motto. She added she would like to see more done to recognize City staff which has been through a wringer the past couple of years. Ms. Kurtz reported when she worked for a legislator he cast an unpopular vote leading to picketing outside their office. She reported instead of locking their office doors, they brought out cookies and lemonade on a hot day and sat down with the picketers for a conversation. She added only through this conversation did the picketers learn the bill had been amended so it was no longer what they wanted. She noted this made the legislator's staff feel good for helping people understand the situation, adding they had a phenomenal relationship with this group moving forward as a result of the kindness. She explained that treating people with kindness makes them more likely to listen to you and helps build mutual respect. She added treating people with kindness is paramount for those wishing to do good for the community. Ms. Newby stated one former Mayor's motto was "kindness is contagious." She added it can be amazing how kind you can be to someone when they are coming at you with their issues and frustrations. She reported she often sees people waiting in library lobbies who are mad and frustrated at life itself and being able to offer them a smile keeps them from being mad at you. She noted that treating everyone who enters her sphere like this works for her. Ms. Drake reported as a teacher she is sometimes on the receiving end of unkind comments, noting they often stem from frustration. She stated she has found the best reaction is to sit the student down and listen to them as they let out their frustrations. She said often people just want to be heard and a positive shift happens after they are heard. She stated kindness is worth practicing. Ms. Morales -Salazar reported when she prays in the morning she wonders if she will make a difference for someone today and make them feel special. She added this is her choice to do and also her choice to see kindness in others. She cited simple examples of kindness she has seen in the past few days, including two soccer teams sharing water despite a lopsided score. She also reported on a child dropping his food at an In-N-Out burger and an employee running around the counter to help the child, promising to replace the food, and make sure the child does not cry. She noted acts of kindness can teach lessons and change lives. She cited a recent food drive she drove by at the intersection of State College Blvd. and Ball Road and added they are blessed to have kind people around them to serve as an example of doing good for others. Mr. Flores reported there were very few Hispanics around when he grew up in Anaheim and occasionally his Anglo-Saxon friends' parents would tell them they should not play with him. He reported his father's response to this is they do not like him only because they do not know him, encouraging him to ask the parents why this is the case instead of getting mad. He added his father told him he needs to gain their respect because respect is not owed in a free country so he encouraged being kind to the parents instead. He stated he learned early on in life that you can get further with kindness than retaliation. III. PUBLIC COMMENTS (Agenda Item No. 13): Mark Richard Daniels stated this has been a good vetting process but has been too short and recommended more time for selection. He added it is too much like a game of chance. He stated they would have to pick Ms. Randle-Trejo based on merit because of her background being a Board City Council Minutes of January 24, 2023 Page 28 of 31 member and working with special needs children. He added she understands the issues here from her work with the AUHSD Board and could help from day one. Mike Robbins expressed his wish the applicants could have been there for the last budget presentations and to hear the audience's concepts. He encouraged mandating candidates attend one year's worth of Council presentations and public comments to run for the office, so they know more about the City rather than coming in blind. He added an economics degree would help in running a City with $1.5 billion in debt. He decried Ms. Newby and Ms. Kurtz for their involvement with SOAR, the Chamber of Commerce, and Anaheim First. He added due to the litigations he would prefer not to have candidates who would take away his time from the People's Homeless Task Force serving the homeless. He added his preference is to not have people so extensively attached to special interests and is free of those constraints. Jeanine Robbins commended Council Member Leon's question for the applicants about transparency and honesty. She noted Ms. Newby is a member of the Chamber of Commerce which has a poor reputation and a shill organization in Anaheim First designed to steal money from the City and a member of SOAR. She decried how Ms. Kurtz neglected to include information on her application, noting she was a member of the SOAR Advisory Committee and remains a member of Anaheim First. She noted five of the six Council Members were elected with the help of hundreds of thousands of SOAR dollars or a promise from SOAR not to campaign against you. She reported being at a People's Homeless Task Force meeting yesterday where the unanimous answer was an unnamed candidate would be appointed because of SOAR. She stated the most qualified person will be overlooked and a SOAR candidate will be appointed. She speculated the decision has already been made and it makes her sad to see one cabal traded for another cabal ruled by Disney money and special interests. She encouraged the City Council to prove her wrong. Rebecca Kovacs -Stein stated Ms. Randle-Trejo hit the nail on the head. She reported she would have asked how the applicants would agendize an item for a meeting, offering insight into what an applicant's pet projects would be. She added she also liked Ms. Morales -Salazar and Ms. Drake, crossed off the two SOAR members immediately, and enjoyed listening to Mr. Flores. She stated Council Members need to know department heads, the City Manager, and how cities are run but she did not get a feeling other than Ms. Randle-Trejo the candidates understood this. She endorsed Ms. Randle-Trejo if someone must be appointed for almost two years. Kenneth Batiste inquired of Council Member Meeks if her candidate (Ms. Newby) accepted $250,000 from former Mayor Sidhu for Anaheim First. He questioned if Ms. Kurtz was former Council Member Valencia's boss and if the City Council is still going in the same circles. He added you can have different faces with the same agenda of putting money over people. He stated the whole country is in a mess because Fortune 500 companies are corrupting the government, adding nothing is wrong with the government but rather the people in the government. He stated the Council Members have sold out and are very low on the transparency, ethics, values, and morals totem pole. He decried how the special interests are making everything go around themselves and not helping the people. He admonished the three Hispanics on the City Council for not coming out in favor of rent control to keep their people housed and safe. He stated Disney only cares about its bottom line and shareholders. He wished the Council Members a good night's sleep and hoped they do well on Judgement Day. Vern Nelson noted he is not from District 4 and lamented the cost of a special election. He stated it is clear Ms. Randle-Trejo is the most qualified, adding she has been twice elected by District 4 voters. He stated this knowledge and trust from District 4 residents should be considered. He called for independence from Disney and the Chamber of Commerce, so being a member of Anaheim First and SOAR should disqualify Ms. Newby and Ms. Kurtz. He reported short-term rentals are a big issue in City Council Minutes of January 24, 2023 Page 29 of 31 District 4 after former Mayor Sidhu reversed a ban on them, and only Ms. Randle-Trejo has discussed reinstituting a ban on short-term rentals. He added if the job went to people who attend and comment at Council meetings then it should go to Mr. Corkern. He noted Ms. Randle-Trejo has spoken several times against the Angel Stadium sale. He commended how Mayor Aitken has arranged the dais seating by district number so as not to put people they do not like at the outer edges and added Ms. Randle-Trejo would look good between Mayor Aitken and Council Member Faessel. Donna Acevedo Nelson reported she grew up in District 4 but a lot of her childhood paper route is now gone and being swallowed up like the old Downtown. She stated Disney and the Resort area are responsible for this. She recalled how much she enjoyed growing up there and how she could see the Matterhorn Bobsleds from her swing set and you could see her backyard's pine tree from the Dumbo the Flying Elephant ride. She questioned how the City Council can earn residential trust when the tentacles of the Chamber of Commerce are involved in this process. She stated this should be the year of transparency and there should not be people with the Chamber of Commerce and Anaheim First people as candidates while the City is still being investigated. She endorsed Ms. Randle-Trejo, adding it is important for the school districts to partner up with the City. Mark Lopez expressed his support for Ms. Randle-Trejo. He reported during the 2021 District 2 vacancy Council Member Faessel stated his preference for a Council Member with policy -setting experience beyond just an advisory capacity and could hit the ground running. He added in 2021 Council Member Faessel also called for someone who had gained the confidence of the community and noted Ms. Randle-Trejo has the confidence of her community by being both elected and reelected. He added she has withstood the scrutiny of the voters and competing interests, has taken unpopular positions, and has experience preparing for meetings like these. He reported during her Oath of Office ceremony comments, Council Member Meeks stated her desire to build a better future and added there is no better way to do this than to start with the students Ms. Randle-Trejo works with daily. He recalled Ms. Aitken mentioned building a better relationship with the schools in her Oath of Office comments, adding Ms. Randle-Trejo is an elementary school employee and an AUHSD Trustee. He reported Mayor Pro Tern Rubalcava mentioned supporting working families in her Oath of Office comments, noting Ms. Randle-Trejo has worked with those families daily. He reported Council Member Leon mentioned inspiring students to achieve greatness in his Oath of Office comments, adding Ms. Randle-Trejo works towards this goal daily. Mazatl Tecpatl Tepehyolotzin called to his ancestors in his Native -American language and endorsed either Ms. Randle-Trejo or Mr. Flores. He stated Mr. Flores is relatable to him, noting he was harassed during the Chicano movement and how, being darker -skinned, even Mr. Flores can be harassed by lighter -skinned Mexicans. He added Ms. Randle-Trejo is the one on the AUHSD Board he can best connect with in discussing the racist Colonist nickname for Anaheim High School's sports teams. He added only she spoke from the heart and she would make a great transparent and loyal Council Member. Linda Martinez encouraged the City Council to look beyond any differences they may have. She criticized how Ms. Randle-Trejo has never reached out to her requests to discuss safety matters in her AUHSD Board capacity. She stated she understands where the candidates are coming from and expressed no hate towards Ms. Randle-Trejo, only a lamentation she had been more inclusive. She expressed hopes no one uses the position as a stepping ladder, keeps their head up when facing criticism, and asks God for guidance. Wes Jones stated there were a lot of good candidates but he endorses Ms. Randle-Trejo. He reported meeting her while doing homeless community service and finds her to be an intelligent woman with good character who wants to do the best for Anaheim. He added she supports clean City Council Minutes of January 24, 2023 Page 30 of 31 safe neighborhoods, affordable housing, rent control, and busting short-term rentals, and will listen to her constituents. He noted the AUHSD which she helps manage as a Trustee has 28,000 students, a $500 million budget, and 3,000 employees. He added she has proposed a City -School District partnership which he stated would be fabulous for assets like libraries and parks benefitting the City's youth. DISCUSSION: Mayor Aitken commended the applicants and added they are all qualified for the office and opened the floor for nominations. Mayor Aitken nominated Ms. Randle-Trejo. Council Member Leon nominated Ms. Drake Council Member Diaz nominated Ms. Morales -Salazar, stating she is active in her community, an immigrant, and a reflection of her community. Council Member Faessel reported when he interviewed the applicants his second question was to have them define the impacted neighborhoods in District 4. He stated Ms. Kurtz came up with more neighborhoods than he was aware of. He added she can hit the ground running. He added she is his primary candidate. NOMINATION: Mayor Aitken nominated Annemarie Randle-Trejo. ROLL CALL VOTE: 2-3-1 (AYES: Mayor Aitken and Council Member Leon; NOES: Mayor Pro Tem Rubalcava and Council Members Diaz and Meeks; ABSTAIN: Council Member Faessel). Nomination failed. NOMINATION: Council Member Leon nominated Lisa Drake. ROLL CALL VOTE: 1-3-2 (AYES: Council Member Leon; NOES: Mayor Pro Tem Rubalcava and Council Members Diaz and Meeks; ABSTAIN: Mayor Aitken and Council Member Faessel). Nomination failed. NOMINATION: Council Member Diaz nominated Yudy Morales -Salazar. ROLL CALL VOTE: 3-1-2 (AYES: Council Members Diaz, Leon, and Meeks; NOES: Mayor Pro Tem Rubalcava; ABSTAIN: Mayor Aitken and Council Member Faessel). Nomination failed. NOMINATION: Council Member Faessel nominated Norma Campos Kurtz. ROLL CALL VOTE: 5-0-1 (AYES: Mayor Aitken and Council Members Rubalcava, Leon, Faessel, and Meeks; ABSTAIN: Council Member Diaz). Nomination approved. At 10:24 P.M., Mayor Aitken recessed to Closed Session and reconvened the Anaheim City Council at 11:20 P.M. REPORT ON CLOSED SESSION ACTIONS: None PUBLIC COMMENTS (non -agenda items): None COUNCIL COMMUNICATIONS: Council Member Diaz congratulated Assistant City Clerk Jennifer Hall and wished her good luck. Council Member Leon congratulated Assistant City Clerk Jennifer Hall on her new opportunity and thanked all the residents, particularly from District 4, for participating in the City Council appointment process. City Council Minutes of January 24, 2023 Page 31 of 31 COUNCIL AGENDA SETTING: Council Member Leon reported that the Charter Review item would likely come forward at the first February meeting. He also asked to agendize in February or March a discussion or workshop regarding Angel Stadium. Council Member Leon requested an agenda item at the next meeting regarding a Tech Scholars Program. Mayor Pro Tem Rubalcava requested an overview/update regarding the Police Review Board, an update on the operational status of parks with potential action by Council, and consideration of the resolution regarding Iran as noted by several public comment speakers and as approved by the City of Orange and forwarded to the City Clerk for reference. ADJOURNMENT: At 11:24 P.M., Mayor Aitken adjourned the City Council in memory of the victims of recent mass shootings, Jack Johnson, Rob Hunter, and Jess Saenz. Respectfully submitted, heresa Bass, CIVIC City Clerk Theresa Bass From: Ernesto Medrano <emedrano@laocbuildingtrades.org> Sent: Monday, January 23, 2023 9:37 AM To: Public Comment; City Clerk Subject: [EXTERNAL] Letter in Support of City Council Appointment Attachments: Campos Letter.pdf Warning: This email originated from outside the City of Anaheim. Do not click links or open attachments unless you recognize the sender and are expecting the message. Good morning, I have attached a letter of support addressed to the Mayor and City Council to appoint Norma Campos Kurtz to the Anaheim City Council District 4 seat. Thank you. Res Ernesto Medrano, Council Representative LA/OC Building and Construction Trades Council � �JP' I�� ""kph - 1626 Beverly Boulevard f��� Los Angeles, CA 90026 r U,; C: T: : 213-483-4419 E .em_edr no.(I _Q.Ch.L i.l_din�trades.or� This email and any attachments may be confidential or legally privileged. If you received this message in error or are not the intended recipient, please destroy the e-mail message and any attachments or copies. 1 CHRIS HANNAN Executive Secretary January 23, 2023 Los Angeles / Orange Counties Building andConstruction Trades Council Affiliated with the Building & Construction Trades Dept., AFL-CIO Dear Honorable Mayor and members of the City Council: 1626 Beverly Boulevard Los Angeles, CA 90026-784 Phone (213) 483-4222 (714) 827-6791 Fax (213) 483-4419 On behalf of the Los Angeles and Orange Counties Building and Construction Trades Council, representing 48 Affiliates, 14 Trades and 140,000 hard working men and women in the construction industry, we write to inform you that we support the appointment of Norma Campos Kurtz to the Anaheim City Council Member District 4 Seat. Ms. Campos has extensive experience in the fields of legislation and policy making. Her career initiated in the private sector within the utilities industry as a service representative where she was promoted to Public Affairs Director. In her capacity within the legislative field, she implemented constituent services and ran various legislate offices. In her community volunteer endeavors she has served on Workforce Development and Training Boards within the County of Orange and City of Santa Ana, the Heritage Museum Board, the Anaheim Housing Commission and currently serves on the Public Utilities Board. District 4 is comprised of the regional economic engine that provides career opportunities to many workers, tax revenues for crucial city services to its residents, and entrepreneur opportunities for all types of businesses. She is the best candidate to unify all segments of the City given her experience and capabilities. Ms. Campos will bring a mature approach to governing and policy making for the City's constituents with robust debate, advocacy and collegiality. These characteristics have been much needed at the Council level. We urge that you vote to appoint Ms. Campos to the Anaheim City Council District 4 seat. Thank you for your consideration. Ernesto Medrano Council Representative Theresa Bass From: Theresa Bass Sent: Monday, January 23, 2023 9:55 PM To: Public Comment Subject: FW: [EXTERNAL] Steven Douglas for appointment to District 4 Seat of the Anaheim City Council From: Berenice Ballinas <BBallinas@anaheim.net> Sent: Monday, January 23, 2023 3:53 PM To: Ashleigh Aitken <AAitken@anaheim.net> Cc: Theresa Bass <TBass@anaheim.net>; Jim Vanderpool <JVanderpool@anaheim.net> Subject: Fwd: [EXTERNAL] Steven Douglas for appointment to District 4 Seat of the Anaheim City Council FYI - Kind regards, Berenice Ballinas Chief of Staff Office of Mayor Ashleigh Aitken Mayc)I,. Ashleigh Aitken 10 Office of the Mayor. Anaheim.net/mayor From: John Linford Sent: Monday, January 23, 2023 3:48:46 PM To: Berenice Ballinas <B al s( n hni not>; Carlos A. Leon <CIL c n( n h i not>; Jose Diaz <JoDiaz( anah_eim,net>; Stephen Faessel <SFaessel( qn hgim.nnt>; Natalie Meeks <NMeeks( n hn!m_:_net>; Natalie ............................_. ........_................................................._.. _ ...........................................�.. _ . . Rubalcava <NRubalcava()anahe!m.net> Subject: [EXTERNAL] Steven Douglas for appointment to District 4 Seat of the Anaheim City Council Warning: This email originated from outside the City of Anaheim. Do not click links or open attachments unless you recognize the sender and are expecting the message. Steven Douglas is an outstanding member of the community and his family has roots in Anaheim longer than I have been alive (I'm 57). 1 don't know a more outstanding neighbor. He is the man that builds the unity in community. He reaches out to those in need. He is welcoming of those he doesn't know and quickly becomes a trusted and reliable friend. I have witnessed his community service. He works tirelessly! I have seem him juggle, on top of his full time job and everything else, multiple events that involve up to 6 distinct committees. He was effective in his role as a part of each one, overseeing them all and doing the cross communication between them. I cannot think of anyone I would rather have taking care of business in our city than Steve Douglas. He has held many important community leadership roles and has been considered a trusted man with non-profit funds and capable leadership in general in Anaheim for decades. You would think he is the ever -ready bunny! He just goes, and goes and goes. Please put him to work for our City. John Linford District 4 Resident, Anaheim ell.text Jennifer L. Hall From: Samantha Moreno Sent: Tuesday, January 24, 2023 6:09 PM To: Public Comment Subject: [EXTERNAL] Business Calendar item 13, Candidates District 4, City Council meeting January24,2023 Warning: This email originated from outside the City of Anaheim. Do not click links or open attachments unless you recognize the sender and are expecting the message. Respected Anaheim City Council, I am writing this email as a form to express my opinion regarding some candidates that have applied to fill the vacancy Mr. Avelino Valencia has left vacant to be filled in District 4. First I would like to express that I love our City of Anaheim and as a resident would like to provide my input on some of these candidates whom I have known in different intersections of my personal life. I am hoping that as you are getting ready to make a selection, that you please consider their college education, moral conduct and the amount of experience they have in budgeting money along with the knowledge and personal influence or reasons why they would like to hold this position at the City level. I know that what I want as a resident of this beautiful City of Anaheim is someone who has at least a B.A. in business administration and finance. Someone who understands the business component in an overall effect to understand the dynamics of all areas of business and be able to relate their educational background and work experience with what he or she may do by budgeting a budget with such magnitude as the one our City of Anaheim has. Looking at the applications that were presented to you for this appointment, I notice the lack of structure and professionalism in these applications which was incredibly horrible. I noticed that many of these folks did not have a college background in business administration which concerns me as a resident. I just hope that you as our elected officials take a thorough observation and make the right selection for the benefit of our City of Anaheim and residents. Secondly, I want to express that the moral conduct of a candidate is so highly important as they will be representing our values and high morals we value as a community and city. I would like to share my personal opinion of why you should not select the following candidates: Mrs. Yudy Morales -Salazar, Mr. Mark Lopez and Mrs. Anne Marie Randle-Trejo. Regarding Mrs. Yudy Morales -Salazar, she is not capable of holding the vacancy for District 4 because of her personal testimony and moral conduct. She cheated on her husband and left him when her 5 girls were fairly young with the manager of Jax Market. I saw her husband ask for prayer and cry to God at Church of God, Anaheim for restoration of his marriage. At that time I was impacted by the immoral reputation that she had created upon herself with her decision. This left me with a negative view of who she was because she was highly involved in woman's ministries and in the children's church department at Church of God, Anaheim. In my opinion she is not trustworthy, honest and caused great harm to her own children and family because of her actions during that time. I respectfully stand in highly disapproving of her candidacy to fill District 4. Regarding Mrs. Anne Marie Randle-Trejo She has been representing AUHSD as board member for quite sometime. During the years that she has served she has never been open to parents who have a different opinion from hers. During her years of service we have seen that as board member, her decisions have affected us Anaheim residents, costing millions of dollars because of the failed leadership and negligence her decision and other board members have taken, placing the education of our children to the floor. This has created a negative impact in our school and is one of the reasons why people move their students to other districts. She is not responsible in overseeing the budget of AUHSD and her leadership has proven to be only loyal to those who she is affiliated with. She is known to question parents and not be a friend to parents of AUHSD. I know her as a parent of the district and also in my involvement in PTA associations that she has been involved in. Her arrogance to our parents says a lot and speaks volumes of the type of person she is. She is not a fair team player. That to me is highly concerning because I see this as a step ladder for her own benefit and continue the political agenda that she is affiliated with. She is not easy to work with at all, she is not fair and does not have a solid college business background to lead a budget so big as Anaheim. As a resident, I highly do not recommend her appointment for District 4 vacancy. Regarding Mark Lopez He has been representing AESD as a board member but is not a representative that we can approach as parents of the district. It is alarming that every decision is solely based on what the rest of the group that he is affiliated with wants. In my opinion, He has a lack of leadership ability and is not an approachable board member at AESD, because our voices are not heard with him as a representative of our families in this community. I am completely saddened to see that as a board member he has used this position as a political stepping stone for his own benefit. He truly has proven to not have his values aligned. He was first a republican and then converted to Democrat because of the help he was going to gain due to his association with his political allies. This is completely wrong in my opinion and would not benefit us as Anaheim residents to have any of these people, Anne Marie Randle Trejo, Yudy Salazar Morales and Mark Lopez representing us with such low moral values and for the board members Trejo and Lopez the lack of inclusiveness for all residents regardless of the difference of opinions we may share. We need people to represent us well. Who will be righteous individuals with a great reputation and who will be loyal to our City and deliver great outcomes for the values, morals and standards we hold as Anaheim residents. Thank you for reading this email. May God's Grace be upon all of you to lead us well. Respectfully, Sam Moreno Theresa Bass From: YOUTH-on-t- Educators' Hall of Fame <p_adelekan iww" Sent: Wednesday, January 11, 2023 1:51 PM To: Public Comment Subject: [EXTERNAL] DON'T FORGET THE LOVE OF THE COMMUNITY Warning: This email originated from outside the City of Anaheim. Do not click links or open attachments unless you recognize the sender and are expecting the message. o11oo,o1-1I'll P111c,M�o111111e........ .... -C........ .F...PC m... ........ * HISTORYMEET & GREET, MARTIN LUTHER KING JR EVENTS and BLACK CEL EBRATIONS .� ......... HAPPY NEW YEAR TO ALL - LOTS OF SPECTACTULAR STUFF COMING IN 2023 1 Thank you. Many thanks for all involved in the Hall of Fame event we just had and a big congratulations to all. 1 Martin Luther King Jr.-- Day of Kindness and people working together in unity. 1 Operation Telephone Call - be expecting a call or give us a call and just check in. We are interested in connecting with as many people as possible to spread the 1 Acts of Kindness in celebration of Martin Luther King, Jr. We are offering tutoring and Computer Workshops starting in February. Events for Martin Luther King Jr. Day 1/16/2023 and Black History Month Celebrations to include: ALL WELCOME. 1/13/2023 MEET & GREET (Friday) 3:00 PM - 6:00 PM to meet the NEW YOMI TRAINEES HERE AT YOUTH -ON -THE - MOVE, Inc. OFFICE AT: 1850 E. 17 th Street, Ste. 103, Santa Ana, CA 92705 • 1/16/2023 Martin Luther King Jr. Day, (Monday) - Breakfast (need to register) $18.00 at New Song Church, 1010 W. 17 1h Street, Santa Ana, CA 92706 If interested, Dr. Pat can email you the registration link. e 2/4/2023 (Saturday) is Black History Parade in Anaheim at 9:00 am-5:00 pm, 600 S. Anaheim Blvd., Anaheim, CA • 2/19/2023 (Sunday) is Black History Month Festival -Michelle and Barack Obama Sports Complex Day, Los Angeles, CA 11:00 am - 6:00 pm Please do not forget to check out our websites: youthonthemove.net & Wl io'F2015@gii'nafl.coii'n Dr. Pat Adelekan: YOUTH -ON -THE -MOVE, INC. AND INTERNATIONAL EDUCATORS HALL OF FAME CONTACTTERRY OR KAMI ATTHIS NUMBER AS WELL. FM-1 International Educator-s' II lall of F:�anie 1 �1.850 E. 1.7th Street, Room :1.03, Santa Aria, CA 92705 .U. n. sid. b s c ribe )..!..icco.m.ni.e.ri.t.(L-i�.a.ri a lie i m. net ................... p.u..r ... ....................................................................... UpdatePmffie II ConsUrit Co r] t a c t D a ta N o ti..c e. Sent by N Theresa Bass From: YOUTH -on -the -MOVE and International Educators' Hall of Fame <p_adelekan Sent: Thursday, January 12, 2023 10:30 AM To: Public Comment Subject: [EXTERNAL] DON'T FORGET THE LOVE OF THE COMMUNITY Warning: This email originated from outside the City of Anaheim. Do not click links or open attachments unless you recognize the sender and are expecting the message. o11oo,o1-1I'll P111c,M�o111111e........ .... -C........ .F...PC m... ........ * HISTORYMEET & GREET, MARTIN LUTHER KING JR EVENTS and BLACK CEL EBRATIONS .� ......... HAPPY NEW YEAR TO ALL - LOTS OF SPECTACTULAR STUFF COMING IN 2023 1 Thank you. Many thanks for all involved in the Hall of Fame event we just had and a big congratulations to all. 1 Martin Luther King Jr.-- Day of Kindness and people working together in unity. 1 Operation Telephone Call - be expecting a call or give us a call and just check in. We are interested in connecting with as many people as possible to spread the 1 Acts of Kindness in celebration of Martin Luther King, Jr. We are offering tutoring and Computer Workshops starting in February. Events for Martin Luther King Jr. Day 1/16/2023 and Black History Month Celebrations to include: ALL WELCOME. 1/13/2023 MEET & GREET (Friday) 3:00 PM - 6:00 PM to meet the NEW YOMI TRAINEES HERE AT YOUTH -ON -THE - MOVE, Inc. OFFICE AT: 1850 E. 17 th Street, Ste. 103, Santa Ana, CA 92705 • 1/16/2023 Martin Luther King Jr. Day, (Monday) - Breakfast (need to register) $18.00 at New Song Church, 1010 W. 17 1h Street, Santa Ana, CA 92706 If interested, Dr. Pat can email you the registration link. e 2/4/2023 (Saturday) is Black History Parade in Anaheim at 9:00 am-5:00 pm, 600 S. Anaheim Blvd., Anaheim, CA • 2/19/2023 (Sunday) is Black History Month Festival -Michelle and Barack Obama Sports Complex Day, Los Angeles, CA 11:00 am - 6:00 pm Please do not forget to check out our websites: youthonthemove.net & Wl io'F2015@gii'nafl.coii'n Dr. Pat Adelekan: YOUTH -ON -THE -MOVE, INC. AND INTERNATIONAL EDUCATORS HALL OF FAME ONTACTTERRY OR KAMI ATTHIS NUMBER AS WELL. FM-1 International Educator-s' II lall of F:�anie 1 �1.850 E. 1.7th Street, Room :1.03, Santa Aria, CA 92705 .U. n. sid. b s c ribe )..!..icco.m.ni.e.ri.t.(L-i�.a.ri a lie i m. net ................... p.u..r ... ....................................................................... UpdatePmffie II ConsUrit Co r] t a c t D a ta N o ti..c e. Sent by N Theresa Bass From: YOUTH -on -the -MOVE and International Educators' Hall of Fame <p_adelekan Sent: Thursday, January 12, 2023 2:03 PM To: Public Comment Subject: [EXTERNAL] Reminder: DON'T FORGET THE LOVE OF THE COMMUNITY Warning: This email originated from outside the City of Anaheim. Do not click links or open attachments unless you recognize the sender and are expecting the message. o11oo,o1-1I'll P111c,M�o111111e........ .... -C........ .F...PC m... ........ * HISTORYMEET & GREET, MARTIN LUTHER KING JR EVENTS and BLACK CEL EBRATIONS .� ......... HAPPY NEW YEAR TO ALL - LOTS OF SPECTACTULAR STUFF COMING IN 2023 1 Thank you. Many thanks for all involved in the Hall of Fame event we just had and a big congratulations to all. 1 Martin Luther King Jr.-- Day of Kindness and people working together in unity. 1 Operation Telephone Call - be expecting a call or give us a call and just check in. We are interested in connecting with as many people as possible to spread the 1 Acts of Kindness in celebration of Martin Luther King, Jr. We are offering tutoring and Computer Workshops starting in February. Events for Martin Luther King Jr. Day 1/16/2023 and Black History Month Celebrations to include: ALL WELCOME. 1/13/2023 MEET & GREET (Friday) 3:00 PM - 6:00 PM to meet the NEW YOMI TRAINEES HERE AT YOUTH -ON -THE - MOVE, Inc. OFFICE AT: 1850 E. 17 th Street, Ste. 103, Santa Ana, CA 92705 • 1/16/2023 Martin Luther King Jr. Day, (Monday) - Breakfast (need to register) $18.00 at New Song Church, 1010 W. 17 1h Street, Santa Ana, CA 92706 If interested, Dr. Pat can email you the registration link. e 2/4/2023 (Saturday) is Black History Parade in Anaheim at 9:00 am-5:00 pm, 600 S. Anaheim Blvd., Anaheim, CA • 2/19/2023 (Sunday) is Black History Month Festival -Michelle and Barack Obama Sports Complex Day, Los Angeles, CA 11:00 am - 6:00 pm Please do not forget to check out our websites: youthonthemove.net & Wl io'F2015@gii'nafl.coii'n Dr. Pat Adelekan: YOUTH -ON -THE -MOVE, INC. AND INTERNATIONAL EDUCATORS HALL OF FAME ONTACTTERRY OR KAMI ATTHIS NUMBER AS WELL. FM-1 International Educator-s' II lall of F:�anie 1 �1.850 E. 1.7th Street, Room :1.03, Santa Aria, CA 92705 .U. n. sid. b s c ribe )..!..icco.m.ni.e.ri.t.(L-i�.a.ri a lie i m. net ................... p.u..r ... ....................................................................... UpdatePmffie II ConsUrit Co r] t a c t D a ta N o ti..c e. Sent by N Theresa Bass From: DURFEY DURFEY Sent: Thursday, January 12, 2023 5:58 PM To: ABC7 General Release; "TIPS@NBCUNI.COM"; KTLA 5 News; CBS 2; KTLA 5 News; Supervisor Doug Chaffee; Foley, Katrina; COB_Response; Public Records Request; Public Comment; Theresa Bass; fgozalez@ocsheriff.gov; "FOX11 NEWS@FOXTV.COM" Subject: [EXTERNAL] Look at this: Do YOU spend too much time on your smartphone? Warning: This email originated from outside the City of Anaheim. Do not click links or open attachments unless you recognize the sender and are expecting the message. Sometimes it feels like our entire lives belong to our phones - with everything from texts, emails, social media, calendars, music, and shopping lists stored on them https://www.dailymail.co.uk/health/article-11624497/Do-spend-time-smartphone.html?ito=email_share_article-image- share Sent from Mail for Windows Theresa Bass From: Carol Kappler Sent: Friday, January 13, 2023 5:38 AM To: Public Comment Subject: [EXTERNAL] Water rate increases Warning: This email originated from outside the City of Anaheim. Do not click links or open attachments unless you recognize the sender and are expecting the message. Why isn't the hike in our water rates held off at this time because of record amounts of rainfall? Pressure needs to be put on the Governor for new reservoirs to be built / should have been done along time ago. Sent from my iPhone Theresa Bass From: Sent: To: Subject: DURFEY DURFEY Saturday, January 14, 2023 4:53 PM Gmail 2; durfeycraig Nick Dibs; editor at oc-breeze.com; COB_Response; ocbe@ocde.us; Aguilera, Christopher; assemblymember.rendon@assembly.ca.gov; assemblymember.friedman@assembly.ca.gov; Assemblymember Quirk -Silva; Assemblymember Davies; Assemblymember Fong; David.Ochoa@sen.ca.gov; senator.umberg@senate.ca.gov; SENATOR.GONZALEZ@senate.ca.gov; SEDN.committee@senate.ca.gov; Senator.Allen@senate.ca.gov; alejandro.cardenas@mail.house.gov; salome@mail.house.gov; kim.vandermeulen@mail.house.gov; greg1 @ggcity.org; Public Comment; Theresa Bass; Supervisor Doug Chaffee; Foley, Katrina; Supervisor Janice Hahn (Fourth District) [EXTERNAL] Al Muratsuchi's Assembly Bill (AB) 272, Banning Smartphones in School, Signed into Law Warning: This email originated from outside the City of Anaheim. Do not click links or open attachments unless you recognize the sender and are expecting the message. https://my.lwv.org/california/torrance-area/article/al-muratsuchis-assembly-bill-ab-272-banning-smartphones-school- signed-law Sent from Mail for Windows From Craig A Durfey "Growing evidence shows excessive smartphone use at school interferes with a student's education and success, encourages cyberbullying, and contributes to teenage anxiety, depression, and suicide," stated Assemblymember Muratsuchi. "This new law will encourage school districts to develop their own policy that strikes a balance between allowing appropriate student use of smartphones at school, while making sure that smartphones are not interfering with a student's educational, social and emotional development." Evidence has shown that unrestricted use of smartphones by students at schools lowers academic performance, particularly among low -achieving students; promotes cyberbullying; and contributes to teenage mental health issues. Between 2009 and 2017, the number of 14 to 17 year olds experiencing clinical level depression jumped more than 60%, with a 47% increase among 12 to 13 year olds. AB 272 will take effect in January 2020. Theresa Bass From: DURFEY DURFEY Sent: Sunday, January 15, 2023 5:29 PM To: Nick Dibs; Nick Dibs; admin@voiceofoc.org; kim.vandermeulen@mail.house.gov; Zak.Castillo-Krings@asm.ca.gov; Lawrenz, Mark; salome@mail.house.gov; editor at oc- breeze.com; Theresa Bass; Public Comment; durfeycrai ; Gmail 2 Subject: [EXTERNAL] Sharing New law on mental health curriculum goes into effect with start of the new year Warning: This email originated from outside the City of Anaheim. Do not click links or open attachments unless you recognize the sender and are expecting the message. I thought you would want to see this interesting story from EdSource: https://edsource.org/?p=665417 Sent from Mail for Windows Theresa Bass From: Theresa Bass Sent: Tuesday, January 17, 2023 4:35 PM To: Public Comment Subject: FW: [EXTERNAL] The Senate Judiciary Committee Children's Online Privacy From: Craig A Durfey Sent: Monday, January 16, 2023 1:25 AM To: Nick Dibs ; Craig A Durfey ; alejandro.cardenas@mail. house.gov; salome@mail. house.gov; GGEA President < preside nt@ggea.org>; ggpdpio@ggcity.org; assemblymember.friedman@assembly.ca.gov; fgozalez@ocsheriff.gov; Aguilera, Christopher <Christopher.Aguilera@asm.ca.gov>; COB_Response <response@ocgov.com>; Theresa Bass <TBass@anaheim.net>; kim.vandermeulen@mail. house.gov; Assemblymember Quirk -Silva <assemblymember.quirk-siIva @assembly.ca.gov>; senator. umberg@senate.ca.gov; SE NATO R.GONZALEZ@senate. ca.gov; SEDN.committee@senate.ca.gov; SENATOR.ALLEN@SENATE.CA.GOV; Ryan Durfey ; durfeycrai ; ocbe@ocde.us Subject: [EXTERNAL] The Senate Judiciary Committee Children's Online Privacy Warning: This email originated from outside the City of Anaheim. Do not click links or open attachments unless you recognize the sender and are expecting the message. 01-06-2023 Craig A Durfey Children's Online Privacy CSpan hearing July 9, 2019 The Senate Judiciary Committee held a hearing on protecting children online and data privacy. Witnesses discussed the prevalence of online predators using social media to exploit minors, and ways tech companies can better regulate their platforms to protect younger users. They also made recommendations for greater parental controls on devices and what the Federal Trade Commission (FTC) could do to strengthen online https://www.c-span.org/video/?462403-1/senate-panel-holds-hearing-online-data-privacy-protections-children Theresa Bass From: Theresa Bass Sent: Tuesday, January 17, 2023 4:47 PM To: Public Comment Subject: FW: [EXTERNAL] Garden Grove Police Department the Paws-4-Schools program anxiety, and de-escalation From: Craig A Durfey Sent: Monday, January 16, 2023 11:35 AM To: Nick Dibs ; SHELLYHOLMAN ; Craig A Durfey ; Ryan Durfey ; durfeycrai assemblymember.rendon@assembly.ca.gov; assemblymember.friedman@assembly.ca.gov; Assemblymember Quirk -Silva <assemblymember.quirk- siIva @assembly.ca.gov>; Assemblymember Fong <assemblymember.fong@assembly.ca.gov>; Assemblymember Davies <Assemblymember.Davies@assembly.ca.gov>; Aguilera, Christopher <Christopher.Aguilera@asm.ca.gov>; senator. umberg@senate.ca.gov; SE NATO R.GONZALEZ@senate. ca.gov; SEDN.committee@senate.ca.gov; David.Ochoa@sen.ca.gov; Theresa Bass <TBass@anaheim.net>; COB_Response <response@ocgov.com>; ocbe@ocde.us; editor at oc-breeze.com <editor@oc-breeze.com>; Supervisor Doug Chaffee < Fourth. District@ocgov.info>; Foley, Katrina <Katrina.Foley@ocgov.com>; Pam Haddad <pamha@ci.garden- grove.ca.us>; Maureen Blackmun <maureen.ggna@gmail.com>; Maria Stipe <marias@ci.garden-grove.ca.us>; Public Records Request <cityclerk@ggcity.org>; Teresa Pomeroy <teresap@ggcity.org>; PIO Department <pio_department@ggusd.us>; Gabriela Mafi <gmafi@ggusd.us> Subject: [EXTERNAL] Garden Grove Police Department the Paws-4-Schools program anxiety, and de-escalation Warning: This email originated from outside the City of Anaheim. Do not click links or open attachments unless you recognize the sender and are expecting the message. From Craig A Durfey Garden Grove Police Department Tina Aarre Bosse the Paws-4-Schools program (and in turn, the three support K9s) was created to provide an extra layer of social -emotional support for students dealing with anxiety, and de-escalation support for students experiencing heightened emotions or behavior and other instances of trauma or tragedy. Garden Grove Police Department Tina Aarre Bosse the Paws-4-Schools program (and in turn, the three support K9s) was created to provide an extra layer of social -emotional support for students dealing with anxiety, and de-escalation support for students experiencing heightened emotions or behavior and other instances of trauma or tragedy. R) ISTATE OF CALIFORNIA �a_ ..E AUTHENTICATED 13 n ELECTRONIC LEGAL MATERIAL Assembly Bill No. 1767 CHAPTER 694 An act to amend Section 215 of the Education Code, relating to pupil health. [Approved by Governor October 9, 2019. Filed with Secretary of State October 9, 2019.] LEGISLATIVE COUNSEL'S DIGEST AB 1767, Ramos. Pupil suicide prevention policies. Existing law requires the governing board or body of a local educational agency that serves pupils in grades 7 to 12, inclusive, to adopt a policy on pupil suicide prevention that specifically addresses the needs of high -risk groups. This bill would require the governing board or body of a local educational agency that serves pupils in kindergarten and grades 1 to 6, inclusive, to, before the beginning of the 2020-21 school year, adopt, and update as prescribed, a policy on pupil suicide prevention that specifically addresses the needs of high -risk groups. The bill would require this policy to be age appropriate and delivered and discussed in a manner that is sensitive to the needs of young pupils. The bill would also require this policy to be written to ensure proper coordination and consultation with the county mental health plan for a referral for mental health or related services made on behalf of a pupil who is a Medi-Cal beneficiary. The bill would require the policy to address any training on suicide awareness and prevention to be provided to teachers of pupils in all of the grades served by the local educational agency. By imposing additional duties on local educational agencies, the 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. The people of the State of California do enact as follows: SECTION 1. Section 215 of the Education Code is amended to read: 215. (a) (1) The governing board or body of a local educational agency that serves pupils in grades 7 to 12, inclusive, shall, before the beginning of the 2017-18 school year, adopt, at a regularly scheduled meeting, a policy 94 Ch. 694 — 2 on pupil suicide prevention in grades 7 to 12, inclusive. The policy shall be developed in consultation with school and community stakeholders, school -employed mental health professionals, and suicide prevention experts and shall, at a minimum, address procedures relating to suicide prevention, intervention, and postvention. (2) (A) The governing board or body of a local educational agency that serves pupils in kindergarten and grades 1 to 6, inclusive, shall, before the beginning of the 2020-21 school year, adopt, at a regularly scheduled meeting, a policy on pupil suicide prevention in kindergarten and grades 1 to 6, inclusive. The policy shall be developed in consultation with school and community stakeholders, the county mental health plan, school -employed mental health professionals, and suicide prevention experts and shall, at a minimum, address procedures relating to suicide prevention, intervention, and postvention. (B) The policy for pupils in kindergarten and grades 1 to 6, inclusive, shall be age appropriate and shall be delivered and discussed in a manner that is sensitive to the needs of young pupils. (C) The policy for pupils in kindergarten and grades 1 to 6, inclusive, shall be written to ensure proper coordination and consultation with the county mental health plan if a referral is made for mental health or related services on behalf of a pupil who is a Medi-Cal beneficiary. (3) The policy shall specifically address the needs of high -risk groups, including, but not limited to, all of the following: (A) Youth bereaved by suicide. (B) Youth with disabilities, mental illness, or substance use disorders. (C) Youth experiencing homelessness or in out -of -home settings, such as foster care. (D) Lesbian, gay, bisexual, transgender, or questioning youth. (4) (A) The policy shall also address any training on suicide awareness and prevention to be provided to teachers of pupils in all of the grades served by the local educational agency. (B) Materials approved by a local educational agency for training shall include how to identify appropriate mental health services, both at the schoolsite and within the larger community, and when and how to refer youth and their families to those services. (C) Materials approved for training may also include programs that can be completed through self -review of suitable suicide prevention materials. (5) The policy shall be written to ensure that a school employee acts only within the authorization and scope of the employee's credential or license. Nothing in this section shall be construed as authorizing or encouraging a school employee to diagnose or treat mental illness unless the employee is specifically licensed and employed to do so. (6) To assist local educational agencies in developing policies for pupil suicide prevention, the department shall develop and maintain a model policy in accordance with this section to serve as a guide for local educational agencies. 94 Ch. 694 (b) The governing board or body of a local educational agency that serves pupils in kindergarten and grades 1 to 12, inclusive, shall review, at minimum every fifth year, its policy on pupil suicide prevention and, if necessary, update its policy. (c) Nothing in this section shall prevent the governing board or body of a local educational agency from reviewing or updating its policy on pupil suicide prevention more frequently than every fifth year. (d) For purposes of this section, "local educational agency" means a county office of education, school district, state special school, or charter school. SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. U 94 R) ISTATE OF CALIFORNIA �<_ .. AUTHENTICATED 13 n ELECTRONIC LEGAL MATERIAL Assembly Bill No. 2246 CHAPTER 642 An act to add Article 2.5 (commencing with Section 215) to Chapter 2 of Part 1 of Division 1 of Title 1 of the Education Code, relating to pupil health. [Approved by Governor September 26, 2016. Filed with Secretary of State September 26, 2016.] LEGISLATIVE COUNSEL'S DIGEST AB 2246, O'Donnell. Pupil suicide prevention policies. Existing law establishes a system of public elementary and secondary schools in this state and provides for the establishment of school districts and other local educational agencies to operate these schools and provide instruction to pupils. Existing law establishes the State Department of Education in state government and vests the department with specified powers and duties relating to the state's public school system. This bill would require the governing board or body of a local educational agency, as defined, that serves pupils in grades 7 to 12, inclusive, to, before the beginning of the 2017-18 school year, adopt a policy on pupil suicide prevention, as specified, that specifically addresses the needs of high -risk groups. By imposing additional duties on local educational agencies, the bill would impose a state -mandated local program. The bill would require the department to develop and maintain a model policy to serve as a guide for local educational agencies. 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 these statutory provisions. The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) According to the latest 2013 data from the federal Centers for Disease Control and Prevention, suicide is the second leading cause of death for youth and young adults 10 to 24 years of age, inclusive. (b) As children and teens spend a significant amount of their young lives in school, the personnel who interact with them on a daily basis are in a prime position to recognize the warning signs of suicide and make the appropriate referrals for help. 95 Ch. 642 —2 (c) In a national survey conducted by the Jason Foundation, the number one person whom a pupil would turn to for helping a friend who might be suicidal was a teacher. It is imperative that when a young person comes to a teacher for help, the teacher has the knowledge, tools, and resources to respond. (d) There are national hotlines available to help adults and lesbian, gay, bisexual, transgender, or questioning (LGBTQ) youth experiencing suicidal ideation, including the National Suicide Prevention Lifeline and the Trevor Project, respectively. (e) According to the Family Acceptance Project, research has found that, for an LGBTQ youth, having at least one supportive adult can reduce the youth's risk of suicide. (f) A model policy on suicide prevention created in consultation with suicide prevention experts and other stakeholders is available through the Trevor Project for adoption or adaptation, or both, by the State Department of Education and local educational agencies. SEC. 2. Article 2.5 (commencing with Section 215) is added to Chapter 2 of Part 1 of Division 1 of Title 1 of the Education Code, to read: Article 2.5. Pupil Suicide Prevention Policies 215. (a) (1) The governing board or body of a local educational agency that serves pupils in grades 7 to 12, inclusive, shall, before the beginning of the 2017-18 school year, adopt, at a regularly scheduled meeting, a policy on pupil suicide prevention in grades 7 to 12, inclusive. The policy shall be developed in consultation with school and community stakeholders, school -employed mental health professionals, and suicide prevention experts and shall, at a minimum, address procedures relating to suicide prevention, intervention, and postvention. (2) The policy shall specifically address the needs of high -risk groups, including, but not limited to, all of the following: (A) Youth bereaved by suicide. (B) Youth with disabilities, mental illness, or substance use disorders. (C) Youth experiencing homelessness or in out -of -home settings, such as foster care. (D) Lesbian, gay, bisexual, transgender, or questioning youth. (3) (A) The policy shall also address any training to be provided to teachers of pupils in grades 7 to 12, inclusive, on suicide awareness and prevention. (B) Materials approved by a local educational agency for training shall include how to identify appropriate mental health services, both at the schoolsite and within the larger community, and when and how to refer youth and their families to those services. (C) Materials approved for training may also include programs that can be completed through self -review of suitable suicide prevention materials. 95 Ch. 642 (4) The policy shall be written to ensure that a school employee acts only within the authorization and scope of the employee's credential or license. Nothing in this section shall be construed as authorizing or encouraging a school employee to diagnose or treat mental illness unless the employee is specifically licensed and employed to do so. (5) To assist local educational agencies in developing policies for pupil suicide prevention, the department shall develop and maintain a model policy in accordance with this section to serve as a guide for local educational agencies. (b) For purposes of this section, "local educational agency" means a county office of education, school district, state special school, or charter school. SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. U 95 Theresa Bass From: Theresa Bass Sent: Tuesday, January 17, 2023 4:51 PM To: Public Comment Subject: FW: [EXTERNAL] CA State law school districts required Pupil suicide prevention policies Attachments: 20150AB2246_95 (2).pdf; 20190AB1767_94-1.pdf From: Craig A Durfey Sent: Monday, January 16, 2023 11:58 AM To: Craig A Durfey ; Ryan Durfey ; durfeycraig Nick Dibs ; GGEA President < preside nt@ggea.org>; editor at oc-breeze.com <editor@oc-breeze.com>; Theresa Bass <TBass@anaheim.net>; fgozalez@ocsheriff.gov; COB_Response <response@ocgov.com>; Supervisor Janice Hahn (Fourth District) <fourthdistrict@bos.lacounty.gov>; Foley, Katrina <Katrina.Foley@ocgov.com>; Supervisor Doug Chaffee < Fourth. District@ocgov.info> Subject: [EXTERNAL] CA State law school districts required Pupil suicide prevention policies Warning: This email originated from outside the City of Anaheim. Do not click links or open attachments unless you recognize the sender and are expecting the message. from Craig A Durfey To whom it may concern see section 215 AB-1767 Pupil suicide prevention policies. (2019-2020) https://Ieginfo.legislature.ca.gov/faces/bilINavClient.xhtml?bill id=201920200AB1767 AB-2246 Pupil suicide prevention policies. (2015-2016) https://Ieginfo.legislature.ca.gov/faces/bilINavClient.xhtml?bill id=201520160AB2246 SB 224 Page l Date of Hearing: July 7, 2021 ASSEMBLY COMMITTEE ON EDUCATION Patrick O'Donnell, Chair SB 224 (Portantino) — As Amended May 20, 2021 SENATE VOTE: 39-0 SUBJECT: Student instruction: mental health education SUMMARY: Requires each local educational agency (LEA) and charter school to ensure that all students in grades 1 to 12 receive medically accurate, age -appropriate mental health education from trained instructors, at least once in elementary school, junior high school or middle school, and high school Specifically, this bill: 1) Requires each school district, county office of education, charter school, and the State Special Schools for the Blind and the Deaf to ensure that all students in grades 1 through 12 receive evidence -based, age -appropriate mental health education from instructors trained in the appropriate courses. 2) Requires that each student receive this instruction at least once in elementary school, at least once in junior high school or middle school, and at least once in high school 3) Requires this instruction to include all of the following: a) Reasonably designed instruction on the overarching themes and core principles of mental health; b) Defining signs and symptoms of common mental health challenges. Depending on student age and developmental level, this may include defining conditions such as depression, suicidal thoughts and behaviors, schizophrenia, bipolar disorder, eating disorders, and anxiety, including post -traumatic stress disorder; c) Elucidating the evidence -based services and supports that effectively help individuals manage mental health challenges; d) Promoting mental health wellness and protective factors, which includes positive development, social and cultural connectedness and supportive relationships, resiliency, problem solving skills, coping skills, self-esteem, and a positive school and home environment in which students feel comfortable; e) The ability to identify warning signs of common mental health problems in order to promote awareness and early intervention so that students know to take action before a situation turns into a crisis. Requires that this include instruction on both of the following: i How to seek and find assistance from professionals and services within the school district that includes, but is not limited to, school counselors with a student SB 224 Page 2 personnel services credential, school psychologists, and school social workers, and in the community for themselves or others; and ii. Evidence -based and culturally responsive practices that are proven to help overcome mental health challenges. f) The connection and importance of mental health to overall health and academic success and to co-occurring conditions, such as chronic physical conditions, chemical dependence, and substance abuse; g) Awareness and appreciation about the prevalence of mental health challenges across all populations, races, ethnicities, and socioeconomic statuses, including the impact of race, ethnicity, and culture on the experience and treatment of mental health challenges; and h) Stigma surrounding mental health challenges and what can be done to overcome stigma, increase awareness, and promote acceptance. Requires that this include, to the extent possible, classroom presentations of narratives by trained peers and other individuals who have experienced mental health challenges and how they coped with their situations, including how they sought help and acceptance. 4) Requires instruction and materials to be: a) Appropriate for use with students of all races, genders, sexual orientations, and ethnic and cultural backgrounds, students with disabilities, and English learners; b) Accessible to students with disabilities, including, providing a modified curriculum, materials and instruction in alternative formats, and auxiliary aids; c) Not reflect or promote bias against any person on the basis of any category protected by anti -discrimination provisions of current law; and d) Coordinated with any existing on -campus mental health providers including, but not limited to, providers with a pupil personnel services credential, who may be immediately called upon by students for assistance. 5) States that these requirements do not limit a student's health and mental health privacy or confidentiality rights. 6) Prohibits a student receiving this instruction from being required to disclose their confidential health or mental health information at any time in the course of receiving that instruction, including for the purpose of the peer component of instruction authorized by the measure. 7) Establishes the following definitions for purposes of the measure: a) "Age appropriate" has the same meaning as defined refers to topics, messages, and teaching methods suitable to particular ages or age groups of children and adolescents, based on developing cognitive, emotional, and behavioral capacity typical for the age or age group; SB 224 Page 3 b) "English learner" has the same meaning as used in federal law; c) "Evidence -based" means verified or supported by research conducted in compliance with scientific methods and published in peer -reviewed journals, where appropriate, and recognized as accurate and objective by professional organizations and agencies with expertise in the mental health field; and d) "Instructors trained in the appropriate courses" means instructors with knowledge of the most recent evidence -based research on mental health EXISTING LAW: 1) Requires the adopted course of study for grades 1 to 6, inclusive, to include instruction, beginning in grade I and continuing through grade 6, in specified areas of study that include health, including instruction in the principles and practices of individual, family, and community health 2) Requires the Instructional Quality Commission (IQC), during the next revision of the publication "Health Framework for California Public Schools" (Health Curriculum Framework), to consider developing, and recommending for adoption by the State Board of Education (SBE), a distinct category on mental health instruction to educate students about all aspects of mental health 3) Requires, for purposes of this requirement, that "mental health instruction" include, but not be limited to, all of the following: a) Reasonably designed and age -appropriate instruction on the overarching themes and core principles of mental health; b) Defining common mental health challenges such as depression, suicidal thoughts and behaviors, schizophrenia, bipolar disorder, eating disorders, and anxiety, including post - traumatic stress disorder; c) Elucidating the services and supports that effectively help individuals manage mental health challenges; d) Promoting mental health wellness, which includes positive development, social connectedness and supportive relationships, resiliency, problem solving skills, coping skills, self-esteem, and a positive school and home environment in which students feel comfortable; e) Ability to identify warning signs of cominon mental health problems in order to promote awareness and early intervention so students know to take action before a situation turns into a crisis. This should include instruction on both of the following: i How to appropriately seek and find assistance from mental health professionals and services within the school district and in the community for themselves or others; and SB 224 Page 4 ii. Appropriate evidence -based research and practices that are proven to help overcome mental health challenges. f) The connection and importance of mental health to overall health and academic success as well as to co-occurring conditions, such as chronic physical conditions and chemical dependence and substance abuse; g) Awareness and appreciation about the prevalence of mental health challenges across all populations, races, ethnicities, and socioeconomic statuses, including the impact of culture on the experience and treatment of mental health challenges; h) Stigma surrounding mental health challenges and what can be done to overcome stigma., increase awareness, and promote acceptance. Requires that this include, to the extent possible, classroom presentations of narratives by peers and other individuals who have experienced mental health challenges, and how they coped with their situations, including how they sought help and acceptance; 4) Requires the IQC, in the normal course of recommending curriculum frameworks to the SBE, to ensure that one or more experts in the mental health and educational fields provides input in the development of the mental health instruction in the health framework. FISCAL EFFECT: According to the Senate Appropriations Cornmittee, this bill could result in a reimbursable state mandate ranging from the millions to low tens millions of dollars statewide in Proposition 98 General Fund each year for LEAS to provide the prescribed mental health education. This estimate assumes LEA training costs that range from $1,000 to $5,000 for each school in the state. Charter schools would also incur additional costs but are not eligible to claim reimbursement for state mandated activities. However, they do receive funding from the K-12 Mandates Block Grant and this bill could lead to pressure to increase it (Proposition 98 General Fund). COMMENTS: Need for the bill. According to the author's office, "Education about mental health is one of the best ways to increase awareness, empower students to seek help, and reduce the stigma associated with mental health challenges. Schools are ideally positioned to be centers of mental health education, healing, and support. As children and youth spend more daytime hours at school than at home, the public education system is the most efficient and effective setting for providing universal mental health education to children and youth. Historically, health education in subjects such as alcohol, tobacco and drugs, the early detection of certain cancers, and HIV have become required because they were recognized as public health crises. The mental health of our children and youth has reached a crisis point. California must make educating its youth about mental health a top priority." Health education in California schools. According to data published by the California Department of Education (CDE), in the 2018-19 school year, over 170,400 middle and high school students were enrolled in a Health Education course. Nearly 12,000 health courses were offered, in over 1,600 schools. Health education is sometimes provided in courses not specifically designated as health courses, such as in physical education and or an advisory SB 224 Page 5 period, and if this bill were to be enacted, LEAs which do not require a health course for graduation would need to provide this instruction in such a manner. As noted above, the adopted course of study for grades 1 to 6, inclusive, includes content in health, but the amount of time dedicated to health education in those grades is not reported to the state. A course in health is not a statewide graduation requirement, but current law authorizes school districts to establish local graduation requirements in addition to those required by state law, and some school districts have chosen to make a course in health a local graduation requirement. According to school district websites reviewed this year, 6 of the largest 10 school districts by enrollment require a course in health for graduation. This bill is modeled after the California Healthy Youth Act (CHYA), which requires schools to teach comprehensive sexual health education and HIV prevention education in three grade spans and specifies content, instructional, and instructor training requirements. The content of the instruction required by this bill largely mirrors the content required to be considered for inclusion in the Health Curriculum Framework under current law. Recently adopted Health Curriculum Framework includes mental health content. California has adopted both content standards and a curriculum framework for health On May 8, 2019, the SBE adopted the current Health Education Curriculum Framework. The revised framework includes a significant amount of content and guidance on instructional strategies relating to mental health, including most if not all of the content required to be considered for inclusion under current law. After a new curriculum framework is adopted, the SBE typically adopts instructional materials for grades K-8 which align to the framework, but in 2020 the SBE cancelled the adoption of health instructional materials due to lack of publisher interest. Youth mental health crisis intensifying as a result of the COVID-19 pandemic. The American Academy of Pediatrics noted in recent guidance that "emotional and behavioral health challenges were of growing concern before the COVID-19 pandemic, and the public health emergency has only exacerbated these challenges." Prior to the COVID 19 pandemic, the incidence of youth mental health crises was increasing at an alarming rate. Suicide rates among youth ages 10-24 increased over 57% between 2007 and 2018, and as of 2018 suicide was the second leading cause of death for youth ages 15-19, according to the Centers for Disease Control and Prevention (CDC). Youth visits to pediatric emergency departments for suicide and suicidal ideation also doubled during this time period (Burstein, 2019). The COVID 19 pandemic has dealt a particularly hard blow to students' mental health and well- being. The pandemic increased social isolation, disrupted routines, and eliminated social traditions and rites of passage, all while also reducing students' access to schools, which serve as the de facto mental health system for children and adolescents. For students from families also facing economic and other challenges, the crisis is deeper still. The available evidence documents intensifying mental health impacts among students during the pandemic: • FAIR Health analyzed data from its database of over 32 billion private healthcare insurance claim records, tracking month -by -month changes from January to November 2020 compared to the same months in 2019 and found: SB 224 Page 6 o Overall Mental Health: In March and April 2020, mental health claim lines for individuals aged 13-18, as a percentage of all medical claim limes, approximately doubled over the same months in the previous year; o Intentional Self -Harm: Claims for intentional self -harm as a percentage of all medical claim lines in the 13-18 age group comparing April 2020 to April 2019, doubled (100%); o Overdoses: For the age group 13-18, claim lines for overdoses increased by 119% in April 2020 over the same month the year before; and o Anxiety and Depressive Disorders: For the age group 13-18, in April 2020, claim limes for generalized anxiety disorder increased 93.6% as a percentage of all medical claim lines over April 2019, while major depressive disorder claim Imes increased 84% and adjustment disorder claim lines 90%.. Claims for obsessive compulsive disorder also increased for children aged 6-12. • California Department of Public Health (CDPH) data showed 134 youth under age 18 in California died by suicide in 2020, up 24% from 108 in 2019, and well above totals from 2017 and 2018. • According to the University of California, San Francisco, data from hospitals in the Bay Area showed a 66-75% increase among 10- to 17-year-olds screening positive for active or recent suicidal ideation in the last year. • National data from the CDC showed a 50% increase in emergency department visits for suicide attempts among American adolescents (mainly girls) during the pandemic. Arguments in support. Children Now writes, "Now more than ever, it is critical that California equip all of its students with the information and tools necessary to promote positive mental health, and to seek mental health support and treatment when needed. SB 224 will ensure that students receive mental health education from a qualified instructor at least once during elementary school, once during middle school, and once during high school This education will help increase awareness, empower students to seek support, and reduce the stigma associated with experiencing mental health challenges." Arguments in opposition. The Citizens Commission on Human Rights writes, `We believe that the right to informed consent for all mental health treatment — a right which is firmly established in California law — is a fundamental right for all citizens. SB 224 does not require that student education on mental health include training on the right of informed consent." Recommended Committee amendments. Staff recommends that the bill be amended as follows: 1) Require instead that LEAS and charter schools which currently offer one or more courses in health education to middle or high school to students shall include in those courses content in mental health that meets the requirements of this section (content and requirements of SB 224). State that nothing in the act shall be construed to limit local educational agencies and charter schools in offering or requiring instruction in mental health as specified in this act. SB 224 Page 7 2) Require that, on or before January 1, 2024, the CDE develop a plan to expand mental health instruction in California public schools. Related legislation. SB 14 (Portantino) of this Session would add "for the benefit of the mental or behavioral health of the student" to the list of categories of excused absences for purposes of school attendance; would require the CDE to identify an evidence -based training program for LEAS to use to train classified and certificated school employees having direct contact with students in youth mental and behavioral health and an evidence -based mental and behavioral health training program with a curriculum tailored for students in grades 10 to 12, inclusive. AB 309 (Gabriel) of this Session requires the CDE to develop model student mental health referral protocols, in consultation with relevant stakeholders, subject to the availability of funding for this purpose. AB 563 (Berman) of this Session requires the CDE to establish an Office of School -Based Health Programs for the purpose of improving the operation of and participation in, school - based health programs. Requires that $500,000 in federal reimbursements be made available for transfer through an interagency agreement to CDE for the support of the Office. AB 586 (O'Donnell) of this Session establishes the School Health Demonstration Project to expand comprehensive health and mental health services to students by providing intensive assistance and support to selected LEAS to build the capacity for long-term sustainability through leveraging multiple funding streams and partnering with county Mental Health Plans, Managed Care Organizations, and community -based providers. Lessons learned through the pilot project would be used as a basis to scale up robust and sustainable school -based health and mental health services throughout the state. SB 428 (Pan) of the 2019-20 Session would have required the CDE to identify an evidence - based training program for local educational agencies to use to train classified and certificated school employees having direct contact with students in youth mental and behavioral health. SB 428 was vetoed by the Governor, who stated: This bill would require the CDE to identify an evidence -based training program on youth mental health for LEAs to use to train classified and certificated employees who have direct contact with students at each school site. Providing support for students facing mental health is of critical importance. Multiple public agencies beyond CDE hold a responsibility for addressing the mental health crisis impacting young people today. That is why I worked with the Legislature to appropriate $50 million in this year's budget to create the Mental Health Student Services Act. Mental health partnerships among county mental health or behavioral health departments, school districts, charter schools and county offices of education are best positioned to address the diverse mental health needs of young people. AB 1808 (Committee on Budget) Chapter 32, Statutes of 2018, requires the CDE to identify one or more evidence -based online training programs that an LEA can use to train school staff and students as part of the LEA's policy on student suicide prevention. Also requires the CDE to provide a grant to a COE to acquire a training program identified by the CDE and disseminate that training program to LEAs at no cost. Also appropriates, for the 2018-19 fiscal year, the sum of $1,700,000 from the General Fund to the SPI for these purposes. SB 224 Page 8 AB 329 (Weber), Chapter 398, Statutes of 2015, requires LEAs to provide instruction in sexual health education, revises HIV prevention education content, expands topics covered in sexual health education, requires this instruction to be inclusive of different sexual orientations, and clarifies parental consent policy. SB 330 (Padilla), Chapter 481, Statutes of 2013, requires, when the Health Framework was next revised, the IQC to consider developing and recommending to the SBE a distinct category on mental health instruction to educate pupils about all aspects of mental health. REGISTERED SUPPORT / OPPOSITION: Support California Alliance of Child and Family Services (co-sponsor) California Association of Student Councils (co-sponsor) Generation Up (co-sponsor) Mental Health Services Oversight and Accountability Commission (co-sponsor) National Alliance on Mental Illness (co-sponsor) National Center for Youth Law (co-sponsor) The Children's Partnership (co-sponsor) AFSCME, AFL-CIO Alliance for Childreds Rights American Academy of Pediatrics, California American Civil Liberties Union of Northern California, Southern California, San Diego and Imperial Counties Aviva Family and Children's Services California Council of Cominunity Behavioral Health Agencies California Academy of Child and Adolescent Psychiatry California Access Coalition California Association for Bilingual Education California Association for Health, Physical Education, Recreation and Dance California Association of Local Behavioral Health Boards and Commissions California Association of Marriage and Family Therapists California Association of School Psychologists California Catholic Conference California Hospital Association/California Association of Hospitals and Health Systems California Psychological Association California School -based Health Alliance Californians for Justice Californians Together Casa Pacifica Centers for Children and Families Children Now City of Santa Monica County Behavioral Health Directors Association of California DBSA California Disability Rights California Dolores Huerta Foundation Five Acres - the Boys' and Girls' Aid Society of Los Angeles County Hathaway -Sycamores SB 224 Page 9 Hillsides Jewish Public Affairs Conunittee Los Angeles County Office of Education Mental Health America of Los Angeles NAMI California National Association of Social Workers, California Chapter Nextgen California Psychiatric Physicians Alliance of California. Public Advocates San Francisco Unified School District Steinberg Institute The Kennedy Forum United Parents Vision Y Compromiso Wellness Together Westcoast Chiildren's Clinic Several individuals Opposition Citizens Commission on Human Rights Analysis Prepared by: Tanya Lieberman / ED. / (916) 319-2087 SENATE COMMITTEE ON EDUCATION Senator Connie Leyva, Chair 2021 - 2022 Regular Bill No: SB 224 Hearing Date: March 10, 2021 Author: Portantino Version: January 14, 2021 Urgency: No Fiscal: Yes Consultant: Brandon Darnell Subject: Pupil instruction: mental health education SUMMARY This bill requires each school district to ensure that all pupils in grades 1 to 12, inclusive, receive medically accurate, age -appropriate mental health education from instructors trained in the appropriate courses, and that each pupil receive this instruction at least once in elementary school, at least once in junior high school or middle school, and at least once in high school. BACKGROUND Existing law: 1) Requires the adopted course of study for grades 1 to 6, inclusive, to include instruction, beginning in grade 1 and continuing through grade 6, in specified areas of study that include health, including instruction in the principles and practices of individual, family, and community health. (Education Code § 51210) 2) Requires the Instructional Quality Commission (IQC), during the next revision of the publication "Health Framework for California Public Schools" (health framework), to consider developing, and recommending for adoption by the State Board of Education (SBE), a distinct category on mental health instruction to educate pupils about all aspects of mental health. (EC §51900.5) 3) Specifies, for purposes of (1) above, that "mental health instruction" shall include, but not be limited to, all of the following: a) Reasonably designed and age -appropriate instruction on the overarching themes and core principles of mental health. b) Defining common mental health challenges such as depression, suicidal thoughts and behaviors, schizophrenia, bipolar disorder, eating disorders, and anxiety, including post -traumatic stress disorder. c) Elucidating the services and supports that effectively help individuals manage mental health challenges. d) Promoting mental health wellness, which includes positive development, social connectedness and supportive relationships, resiliency, problem SB 224 (Portantino) Page 2 of 6 solving skills, coping skills, self-esteem, and a positive school and home environment in which pupils feel comfortable. e) Ability to identify warning signs of common mental health problems in order to promote awareness and early intervention so pupils know to take action before a situation turns into a crisis. This should include instruction on both of the following: i) How to appropriately seek and find assistance from mental health professionals and services within the school district and in the community for themselves or others. ii) Appropriate evidence -based research and practices that are proven to help overcome mental health challenges. f) The connection and importance of mental health to overall health and academic success as well as to co-occurring conditions, such as chronic physical conditions and chemical dependence and substance abuse. g) Awareness and appreciation about the prevalence of mental health challenges across all populations, races, ethnicities, and socioeconomic statuses, including the impact of culture on the experience and treatment of mental health challenges. h) Stigma surrounding mental health challenges and what can be done to overcome stigma, increase awareness, and promote acceptance. This shall include, to the extent possible, classroom presentations of narratives by peers and other individuals who have experienced mental health challenges, and how they coped with their situations, including how they sought help and acceptance. (EC §51900.5) 4) Requires the IQC, in the normal course of recommending curriculum frameworks to the SBE, to ensure that one or more experts in the mental health and educational fields provides input in the development of the mental health instruction in the health framework. (EC §51900.5) ANALYSIS This bill requires each school district to ensure that all pupils in grades 1 to 12, inclusive, receive medically accurate, age -appropriate mental health education from instructors trained in the appropriate courses, and that each pupil receive this instruction at least once in elementary school, at least once in junior high school or middle school, and at least once in high school. Specifically, this bill: 1) Requires the instruction to include all of the following: a) Reasonably designed instruction on the overarching themes and core principles of mental health. SB 224 (Portantino) Page 3 of 6 b) Defining common mental health challenges. Depending on pupil age and developmental level, this may include defining conditions such as depression, suicidal thoughts and behaviors, schizophrenia, bipolar disorder, eating disorders, and anxiety, including post -traumatic stress disorder. c) Elucidating the medically accurate services and supports that effectively help individuals manage mental health challenges. d) Promoting mental health wellness, which includes positive development, social connectedness and supportive relationships, resiliency, problem solving skills, coping skills, self-esteem, and a positive school and home environment in which pupils feel comfortable. e) The ability to identify warning signs of common mental health problems in order to promote awareness and early intervention so that pupils know to take action before a situation turns into a crisis. This shall include instruction on both of the following: i) How to seek and find assistance from mental health professionals and services within the school district and in the community for themselves or others. ii) Medically accurate evidence -based research and culturally responsive practices that are proven to help overcome mental health challenges. f) The connection and importance of mental health to overall health and academic success and to co-occurring conditions, such as chronic physical conditions, chemical dependence, and substance abuse. g) Awareness and appreciation about the prevalence of mental health challenges across all populations, races, ethnicities, and socioeconomic statuses, including the impact of race, ethnicity, and culture on the experience and treatment of mental health challenges. h) Stigma surrounding mental health challenges and what can be done to overcome stigma, increase awareness, and promote acceptance. This shall include, to the extent possible, classroom presentations of narratives by trained peers and other individuals who have experienced mental health challenges and how they coped with their situations, including how they sought help and acceptance. STAFF COMMENTS 1) Need for the bill. According to the author's office, "Education about mental health is one of the best ways to increase awareness, empower students to seek help, and reduce the stigma associated with mental health challenges. Schools are ideally positioned to be centers of mental health education, healing, and support. As children and youth spend more hours at school than at home, the SB 224 (Portantino) Page 4 of 6 public education system is the most efficient and effective setting for providing universal mental health education to children and youth. Historically, health education in subjects such as alcohol, tobacco and drugs, the early detection of certain cancers, and HIV have become required because they were recognized as public health crises. The mental health of our children and youth has reached a crisis point. California must make educating its youth about mental health a top priority." 2) Increasing occurrences of pupil mental health issues. According to a Pew Research Center analysis of data from the 2017 National Survey on Drug Use and Health, in 2017, 3.2 million teens aged 12-17 said they had at least one depressive episode within the past 12 months. This is up by 1.2 million from the same survey conducted by the National Survey on Drug Use and Health in 2007. One -in -five (2.4 million) teenage girls reported experiencing one depressive episode in 2017, compared to 845,000 teenage boys. According to data from the Centers for Disease Control and Prevention, 13 percent of students in grades 9- 12 in California in 2017 reported experiencing at least one depressive episode within the last 12 months. 32 percent felt sad or hopeless almost every day for 2 or more weeks in a row so that they stopped doing some usual activities within the past year, compared to 31 percent for the United States. 17 percent of pupils in grades 9-12 reported considering suicide attempts, while 9 percent reported they attempted suicide at least once within the past 12 month. This trend is confirmed by data from the Office of Statewide Health Planning and Development. In 2019, emergency rooms throughout California treated 84,584 young patients' ages 13 to 21 who had a primary diagnosis involving mental health. That is up from 59,705 in 2012, a 42 percent increase. 3) COVID-19 has had an exacerbating effect on mental health issues. According to the 2020 report, "Roadmap for Resilience: The California Surgeon General's Report on Adverse Childhood Experiences, Toxic Stress, and Health," COVID-19 has only furthered the mental health issues children face. As the report notes, "For many children, the school is a bedrock of community belonging. The pandemic has not only disrupted children's academic opportunities and connections with their peers and educators, it has also surfaced new and difficult experiences in the home: fear, anxiety, financial distress, food and housing insecurity, and countless other challenges. Economic uncertainty is associated with increases in harsh parenting, which increases risk for child abuse and neglect, and the loss of friends and family through illness and isolation can also increase the total dose of acute stress and adversity and reduce the dose of buffering supports available from caregivers, educators, and other adults." 4) Health is not a required course or topic in middle school or high school. As noted above, the adopted course of study for grades 1 to 6, inclusive, includes health. However, there is not similar requirement for the adopted course of study for grades 7 to 12, inclusive. Health is also not a statewide graduation requirement. While it is true that many local educational agencies teach health in some capacity in middle school and high school, there is no requirement to do so SB 224 (Portantino) Page 5 of 6 beyond the requirement to teach comprehensive sexual health education and HIV prevention education, which is not specific to mental health, which is required at least once in middle school and once in high school via the California Healthy Youth Act (CHYA). This bill mimics the CHYA's approach to require specific mental health instruction in school districts. Recently, the CHYA was amended to apply to all local educational agencies, including charter schools (AB 2601 (Weber, Ch. 495, Stats. 2018). Accordingly, staff recommends that the bill be amended to apply to all local educational agencies, including school districts, county offices of education, state special schools, and charter schools. 5) Recently adopted heath framework includes mental health. While health is not a specifically required topic or course in middle school or high school, the SBE has adopted both content standards and a curriculum framework for health. On May 8, 2019, the SBE adopted the 2019 Health Education Curriculum Framework for California Public Schools, Transitional Kindergarten Through Grade Twelve. The revised framework includes additional instructional strategies relating to mental health. While this bill includes that the same language relating to mental health that existing law required the IQC to consider including in the revised framework, to the extent that the framework does not include each specific item, the bill would require instruction that the health framework does not require. This would repeat a similar problem raised by the CHYA, which required instruction for several years that was not covered by the health framework until its recent revision. The health framework will not be revised again until 2027. 6) Related legislation. SB 14 (Portantino, 2021) (1) specifically adds "for the benefit of the mental or behavioral health of the pupil" to the list of categories of excused absences for purposes of school attendance, and (2) requires the California Department of Education (CDE)to identify (A) an evidence -based training program for local education agencies (LEAs) to use to train classified and certificated school employees having direct contact with pupils in youth mental and behavioral health, and (B) an evidence -based mental and behavioral health training program with a curriculum tailored for pupils in grades 10 to 12, inclusive. SB 14 is scheduled to be heard by this committee on March 10, 2021. SUPPORT California Association of Student Councils (Co-sponsor) The Children's Partnership (Co-sponsor) American Civil Liberties Union — California Aviva Family and Children's Services California Academy of Child and Adolescent Psychiatry California Association of Health, Physical Education, Recreation & Dance California Association of Marriage and Family Therapists California Association of Local Behavioral Health Boards and Commissions California Hospital Association California School -based Health Alliance CASA Pacifica Centers for Children and Families Children Now City of Santa Monica SB 224 (Portantino) Page 6 of 6 County Behavioral Health Directors Association of California Disability Rights California Five Acres - the Boys' and Girls' Aid Society of Los Angeles County Generation Up Mental Health America of Los Angeles Mental Health Services Oversight and Accountability Commission Public Advocates, Inc. Psychiatric Physicians Alliance of California San Francisco Unified School District The Kennedy Forum Wellness Together OPPOSITION None received -- END -- SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 THIRD READING Bill No: SB 224 Author: Portantino (D) and Rubio (D), et al. Amended: 5/20/21 Vote: 21 SENATE EDUCATION COMMITTEE: 7-0, 3/10/21 AYES: Leyva, Ochoa Bogh, Cortese, Dahle, Glazer, McGuire, Pan SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/20/21 AYES: Portantino, Bates, Bradford, Jones, Kamlager, Laird, Wieckowski SB 224 SUBJECT: Pupil instruction: mental health education SOURCE: California Alliance of Child & Family Services California. Association of Student Councils California Youth Empowerment Network Mental Health Services Oversight & Accountability Commission National Alliance on Mental Illness National Center for Youth Law The Children's Partnership DIGEST: This bill requires each school district, county office of education (COE), state special school, and charter schoolto ensure that all pupils in grades 1 to 12, inclusive, receive evidence -based, age -appropriate mental health education from instructors trained in the appropriate courses, and that each pupil receive this instruction at least once in elementary school, at least once in junior high school or middle school, and at least once in high school. ANALYSIS: Existing law: 1) Requires the adopted course of study for grades 1 to 6, inclusive, to include instruction, beginning in grade 1 and continuing through grade 6, in specified areas of study that include health, including instruction in the principles and SB 224 Page 2 practices of individual, family, and community health. (Education Code § 51210) 2) Requires the Instructional Quality Commission (IQC), during the next revision of the publication "Health Framework for California Public Schools" (health framework), to consider developing, and recommending for adoption by the State Board of Education (SBE), a distinct category on mental health instruction to educate pupils about all aspects of mental health. (EC §51900.5) 3) Requires the IQC, in the normal course of recommending curriculum frameworks to the SBE, to ensure that one or more experts in the mental health and educational fields provides input in the development of the mental health instruction in the health framework. (EC §51900.5) This bill requires each school district, COE, state special school, and charter to ensure that all pupils in grades 1 to 12, inclusive, receive evidence -based, age - appropriate mental health education from instructors trained in the appropriate courses, and that each pupil receive this instruction at least once in elementary school, at least once in junior high school or middle school, and at least once in high school. Specifically, this bill: 1) Requires the instruction to include all of the following: a) Reasonably designed instruction on the overarching themes and core principles of mental health. b) Defining signs and symptoms of common mental health challenges. Depending on pupil age and developmental level, this may include defining conditions such as depression, suicidal thoughts and behaviors, schizophrenia, bipolar disorder, eating disorders, and anxiety, including post -traumatic stress disorder. c) Elucidating the evidence -based services and supports that effectively help individuals manage mental health challenges. d) Promoting mental health wellness and protective factors, which includes positive development, social and cultural connectedness and supportive relationships, resiliency, problem solving skills, coping skills, self-esteem, and a positive school and home environment in which pupils feel comfortable. SB 224 Page 3 e) The ability to identify warning signs of common mental health problems in order to promote awareness and early intervention so that pupils know to take action before a situation turns into a crisis. This shall include instruction on both of the following: i) How to seek and find assistance from professionals and services within the school district that includes, but is not limited to, school counselors with a pupil personnel services credential, schoolpsychologists, and schoolsocial workers, and in the community for themselves or others. ii) Evidence -based research and culturally responsive practices that are proven to help overcome mental health challenges. f) The connection and importance of mental health to overall health and academic success and to co-occurring conditions, such as chronic physical conditions, chemical dependence, and substance abuse. g) Awareness and appreciation about the prevalence of mental health challenges across all populations, races, ethnicities, and socioeconomic statuses, including the impact of race, ethnicity, and culture on the experience and treatment of mental health challenges. h) Stigma surrounding mental health challenges and what can be done to overcome stigma, increase awareness, and promote acceptance. This shall include, to the extent possible, classroompresentations of narratives by trained peers and other individuals who have experienced mental health challenges and how they coped with their situations, including how they sought help and acceptance. 2) Requires instruction and materials required for these purposes to satisfy all of the following: a) Be appropriate for use with pupils of all races, genders, sexual orientations, and ethnic and cultural backgrounds, pupils with disabilities, and English learners. b) Be accessible to pupils with disabilities, including, but not limited to, providing a modified curriculum, materials and instruction in alternative formats, and auxiliary aids. SB 224 Page 4 c) Not reflect or promote bias against any person on the basis of any category protected by state law. 3) Specifies that its provisions do not limit not a pupil's health and mental health privacy or confidentiality rights. 4) Prohibits a pupil from being required to disclose their confidential health or mental health information at any time in the course of receiving that instruction, including, but not limited to, for the purpose of the peer component. 5) Specifies the following definitions: a) "Age appropriate" refers to topics, messages, and teaching methods suitable to particular ages or age groups of children and adolescents, based on developing cognitive, emotional, and behavioral capacity typical for the age or age group. b) "Evidence -based" means verified or supported by research conducted in compliance with scientific methods and published in peer -reviewed journals, where appropriate, and recognized as accurate and objective by professional organizations and agencies with expertise in the mental health field. c) "Instructors trained in the appropriate courses" means instructors with knowledge of the most recent evidence -based research on mental health. 6) Includes legislative fmdings and declarations relating to these provisions. Comments 1) Need for this bill. According to the author's office, "Education about mental health is one of the best ways to increase awareness, empower students to seek help, and reduce the stigma associated with mental health challenges. Schools are ideally positioned to be centers of mental health education, healing, and support. As children and youth spend more hours at schoolthan at home, the public education system is the most efficient and effective setting for providing universal mental health education to children and youth. "Historically, health education in subjects such as alcohol, tobacco and drugs, the early detection of certain cancers, and HIV have become required because SB 224 Page 5 they were recognized as public health crises. The mental health of our children and youth has reached a crisis point. California must make educating its youth about mental health atop priority." 2) Increasing occurrences of pupil mental health issues. According to a Pew Research Center analysis of data from the 2017 National Survey on Drug Use and Health, in 2017, 3.2 million teens aged 12-17 said they had at least one depressive episode within the past 12 months. This is up by 1.2 million from the same survey conducted by the National Survey on Drug Use and Health in 2007. One -in -five (2.4 million) teenage girls reported experiencing one depressive episode in 2017, compared to 845,000 teenage boys. According to data from the Centers for Disease Control and Prevention, 13 percent of students in grades 9-12 in California in 2017 reported experiencing at least one depressive episode within the last 12 months. Thirty-two percent felt sad or hopeless almost every day for two or more weeks in a row so that they stopped doing some usual activities within the past year, compared to 31 percent for the United States. Seventeen percent of pupils in grades 9-12 reported considering suicide attempts, while nine percent reported they attempted suicide at least once within the past 12 months. This trend is confirmed by data from the Office of Statewide Health Planning and Development. In 2019, emergency rooms throughout California treated 84,584 young patients' ages 13 to 21 who had a primary diagnosis involving mental health. That is up from 59,705 in 2012, a 42 percent increase. 3) COVID-19 has had an exacerbating effect on mental health issues. According to the 2020 report, "Roadmap for Resilience: The California Surgeon General's Report on Adverse Childhood Experiences, Toxic Stress, and Health," COVID- 19 has only furthered the mental health issues children face. As the report notes, For many children, the school is a bedrock of community belonging. The pandemic has not only disrupted children's academic opportunities and connections with their peers and educators, it has also surfaced new and difficult experiences in the home: fear, anxiety, financial distress, food and housing insecurity, and countless other challenges. Economic uncertainty is associated with increases in harsh parenting, which increases risk for child abuse and neglect, and the loss of friends and family through illness and isolation can also increase the total dose of acute stress and adversity and reduce the dose of buffering supports available from caregivers, educators, and other adults." SB 224 Page 6 4) Health is not a required course or topic in middle school or high school. As noted above, the adopted course of study for grades 1 to 6, inclusive, includes health. However, there is not similar requirement for the adopted course of study for grades 7 to 12, inclusive. Health is also not a statewide graduation requirement. While it is true that many local educational agencies (LEAs) teach health in some capacity in middle school and high school, there is no requirement to do so beyond the requirement to teach comprehensive sexual health education and HIV prevention education, which is not specific to mental health, which is required at least once in middle schooland once in high school via the California Healthy Youth Act (CHYA). This bill mimics the CHYA's approach to require specific mental health instruction in school districts. 5) Recently adopted heath framework includes mental health. While health is not a specifically required topic or course in middle school or high school, the SBE has adopted both content standards and a curriculum framework for health. On May 8, 2019, the SBE adopted the 2019 Health Education Curriculum Framework for California Public Schools, Transitional Kindergarten Through Grade Twelve. The revised framework includes additional instructional strategies relating to mental health. While this bill includes that the same language relating to mental health that existing law required the IQC to consider including in the revised framework, to the extent that the framework does not include each specific item, the bill would require instruction that the health framework does not require. This would repeat a similar problem raised by the CHYA, which required instruction for several years that was not covered by the health framework until its recent revision. The health framework will not be revised again until 2027. Related/Prior Legislation SB 14 (Portantino, 2021) includes, specifically, "for the benefit of the mental or behavioral health of the pupil" to the "illness" category for excused absences for purposes of school attendance; and requires the California Department of Education to identify (1) an evidence -based training program for LEAs to use to tram classified and certificated school employees having direct contact with pupils in youth mental and behavioral health, and (2) an evidence -based mental and behavioral health training program with a curriculum tailored for pupils in grades 10 to 12, inclusive. SB 14 is pending on the Senate Floor. FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes SB 224 Page 7 According to the Senate Appropriations Committee, this bill could result in a reimbursable state mandate ranging from the millions to low tens millions of dollars statewide in Proposition 98 General Fund each year for LEAs to provide the prescribed mental health education. This estimate assumes LEA training costs that range from $1,000 to $5,000 for each school in the state. Charter schools would also incur additional costs but are not eligible to claim reimbursement for state mandated activities. However, they do receive funding from the K-12 Mandates Block Grant and this bill could lead to pressure to increase it (Proposition 98 General Fund). SUPPORT: (Verified 5/21/21) California Alliance of Child & Family Services (co -source) California Association of Student Councils (co -source) California Youth Empowerment Network (co -source) Mental Health Services Oversight & Accountability Commission (co -source) National Alliance on Mental Illness (co -source) National Center for Youth Law (co -source) The Children's Partnership (co -source) AFSCME Alliance for Children's Rights American Academy of Pediatrics American Civil Liberties Union — California Aviva Family and Children's Services California Academy of Child and Adolescent Psychiatry California Association for Bilingual Education California Association for Health, Physical Education, Recreation & Dance California Association of Local Behavioral Health Boards and Commissions California Association of Marriage and Family Therapists California Catholic Conference California Hospital Association California School -based Health Alliance Californians for Justice Californians Together CASA Pacifica Centers for Children and Families Children Now City of Santa Monica County Behavioral Health Directors Association of California Disability Rights California Five Acres - the Boys' and Girls' Aid Society of Los Angeles County Generation Up SB 224 Page 8 Hillsides Los Angeles County Office of Education Mental Health America of Los Angeles National Association of Social Workers, California Chapter NextGen California Psychiatric Physicians Alliance of California Public Advocates San Francisco Unified SchoolDistrict Steinberg Institute The Kennedy Forum United Parents Wellness Together WestcoastChildren's Clinic OPPOSITION: (Verified 5/21/21) None received Prepared by: Brandon Darnell / ED. / (916) 651-4105 5/25/21 10:10:13 **** END **** SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 UNFINISHED BUSINESS Bill No: SB 224 Author: Portantino (D) and Rubio (D), et al. Amended: 8/30/21 Vote: 21 SENATE EDUCATION COMMITTEE: 7-0, 3/10/21 AYES: Leyva, Ochoa Bogh, Cortese, Dahle, Glazer, McGuire, Pan SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/20/21 AYES: Portantino, Bates, Bradford, Jones, Kamlager, Laird, Wieckowski SB 224 SENATE FLOOR: 394 6/1/21 AYES: Allen, Archuleta, Atkins, Bates, Becker, Borgeas, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hertzberg, Hueso, Hurtado, Jones, Kamlager, Laird, Leyva, Limon, McGuire, Min, Newman, Nielsen, Ochoa Bogh, Pan, Portantino, Roth, Rubio, Skinner, Stern, Umberg, Wieckowski, Wiener, Wilk NO VOTE RECORDED: Melendez ASSEMBLY FLOOR: 72-1, 9/2/21 - See last page for vote SUBJECT: Pupil instruction: mental health education SOURCE: California Alliance of Child & Family Services California Association of Student Councils California Youth Empowerment Network Mental Health Services Oversight & Accountability Commission National Alliance on Mental Illness National Center for Youth Law The Children's Partnership DIGEST: This bill requires schools that offer one or more courses in health education to pupils in middle school or high school to include in those courses instruction in mental health, as specified. SB 224 Page 2 Assembly Amendments (1) delete the requirement that all pupils in grades 1 to 12 receive mental health instruction, and instead limit the scope of this bill to apply requirements only to those schools that offer courses in health in middle or high schools; (2) delete the requirement that pupils receive this instruction at least once in elementary school, at least once in middle/junior high school, and at least once in high school; and (3) require the California Department of Education (CDE) to develop a plan, by January 1, 2024, to expand mental health instruction in California public schools. ANALYSIS: Existing law: 1) Requires the adopted course of study for grades 1 to 6, inclusive, to include instruction, beginning in grade 1 and continuing through grade 6, in specified areas of study that include health, including instruction in the principles and practices of individual, family, and community health. (Education Code § 51210) 2) Requires the Instructional Quality Commission (IQC), during the next revision of the publication "Health Framework for California Public Schools" (health framework), to consider developing, and recommending for adoption by the State Board of Education (SBE), a distinct category on mental health instruction to educate pupils about all aspects of mental health. (EC §51900.5) 3) Requires the IQC, in the normal course of recommending curriculum frameworks to the SBE, to ensure that one or more experts in the mental health and educational fields provides input in the development of the mental health instruction in the health framework. (EC §51900.5) This bill requires schools that offer one or more courses in health education to pupils in middle school or high school to include in those courses instruction in mental health. Specifically, this bill: 1) Requires each school district, county office of education, state special school, and charter school that offers one or more courses in health education to pupils in middle school or high school to include in those courses instruction in mental health that meets the requirements of this bill. 2) Provides that this is not to be construed to limit a school district, county office of education, state special school, or charter school in offering or requiring instruction in mental health as specified in this bill. SB 224 Page 3 3) Requires the instruction to include all of the following: a) Reasonably designed instruction on the overarching themes and core principles of mental health. b) Defining signs and symptoms of common mental health challenges. Depending on pupil age and developmental level, this may include defining conditions such as depression, suicidal thoughts and behaviors, schizophrenia, bipolar disorder, eating disorders, and anxiety, including post -traumatic stress disorder. c) Elucidating the evidence -based services and supports that effectively help individuals manage mental health challenges. d) Promoting mental health wellness and protective factors, which includes positive development, social and cultural connectedness and supportive relationships, resiliency, problem solving skills, coping skills, self-esteem, and a positive school and home environment in which pupils feel comfortable. e) The ability to identify warning signs of common mental health problems in order to promote awareness and early intervention so that pupils know to take action before a situation turns into a crisis. This shall include instruction on both of the following: i) How to seek and find assistance from professionals and services within the school district that includes, but is not limited to, school counselors with a pupil personnel services credential, school psychologists, and school social workers, and in the community for themselves or others. ii) Evidence -based research and culturally responsive practices that are proven to help overcome mental health challenges. f) The connection and importance of mental health to overall health and academic success and to co-occurring conditions, such as chronic physical conditions, chemical dependence, and substance abuse. g) Awareness and appreciation about the prevalence of mental health challenges across all populations, races, ethnicities, and socioeconomic statuses, including the impact of race, ethnicity, and culture on the experience and treatment of mental health challenges. SB 224 Page 4 h) Stigma surrounding mental health challenges and what can be done to overcome stigma, increase awareness, and promote acceptance. This shall include, to the extent possible, classroom presentations of narratives by trained peers and other individuals who have experienced mental health challenges and how they coped with their situations, including how they sought help and acceptance. 4) Requires instruction and materials required for these purposes to satisfy all of the following: a) Be appropriate for use with pupils of all races, genders, sexual orientations, and ethnic and cultural backgrounds, pupils with disabilities, and English learners. b) Be accessible to pupils with disabilities, including, but not limited to, providing a modified curriculum, materials and instruction in alternative formats, and auxiliary aids. c) Not reflect or promote bias against any person on the basis of any category protected by state law. 5) Specifies that its provisions do not limit not a pupil's health and mental health privacy or confidentiality rights. 6) Prohibits a pupil from being required to disclose their confidential health or mental health information at any time in the course of receiving that instruction, including, but not limited to, for the purpose of the peer component. 7) Requires CDE to develop a plan, by January 1, 2024, to expand mental health instruction in California public schools. 8) Specifies the following definitions: a) "Age appropriate" refers to topics, messages, and teaching methods suitable to particular ages or age groups of children and adolescents, based on developing cognitive, emotional, and behavioral capacity typical for the age or age group. b) "Evidence -based" means verified or supported by research conducted in compliance with scientific methods and published in peer -reviewed journals, where appropriate, and recognized as accurate and objective by professional organizations and agencies with expertise in the mental health field. SB 224 Page 5 c) "Instructors trained in the appropriate courses" means instructors with knowledge of the most recent evidence -based research on mental health. 9) Includes legislative findings and declarations relating to these provisions. Comments 1) Need for this bill. According to the author's office, "Education about mental health is one of the best ways to increase awareness, empower students to seek help, and reduce the stigma associated with mental health challenges. Schools are ideally positioned to be centers of mental health education, healing, and support. As children and youth spend more hours at school than at home, the public education system is the most efficient and effective setting for providing universal mental health education to children and youth. "Historically, health education in subjects such as alcohol, tobacco and drugs, the early detection of certain cancers, and HIV have become required because they were recognized as public health crises. The mental health of our children and youth has reached a crisis point. California must make educating its youth about mental health a top priority." 2) Increasing occurrences of pupil mental health issues. According to a Pew Research Center analysis of data from the 2017 National Survey on Drug Use and Health, in 2017, 3.2 million teens aged 12-17 said they had at least one depressive episode within the past 12 months. This is up by 1.2 million from the same survey conducted by the National Survey on Drug Use and Health in 2007. One -in -five (2.4 million) teenage girls reported experiencing one depressive episode in 2017, compared to 845,000 teenage boys. According to data from the Centers for Disease Control and Prevention, 13 percent of students in grades 9-12 in California in 2017 reported experiencing at least one depressive episode within the last 12 months. Thirty-two percent felt sad or hopeless almost every day for two or more weeks in a row so that they stopped doing some usual activities within the past year, compared to 31 percent for the United States. Seventeen percent of pupils in grades 9-12 reported considering suicide attempts, while nine percent reported they attempted suicide at least once within the past 12 months. This trend is confirmed by data from the Office of Statewide Health Planning and Development. In 2019, emergency rooms throughout California treated 84,584 young patients' ages 13 to 21 who had a primary diagnosis involving mental health. That is up from 59,705 in 2012, a 42 percent increase. SB 224 Page 6 3) COVID-19 has had an exacerbating effect on mental health issues. According to the 2020 report, "Roadmap for Resilience: The California Surgeon General's Report on Adverse Childhood Experiences, Toxic Stress, and Health," COVID- 19 has only furthered the mental health issues children face. As the report notes, "For many children, the school is a bedrock of community belonging. The pandemic has not only disrupted children's academic opportunities and connections with their peers and educators, it has also surfaced new and difficult experiences in the home: fear, anxiety, financial distress, food and housing insecurity, and countless other challenges. Economic uncertainty is associated with increases in harsh parenting, which increases risk for child abuse and neglect, and the loss of friends and family through illness and isolation can also increase the total dose of acute stress and adversity and reduce the dose of buffering supports available from caregivers, educators, and other adults." 4) Health is not a required course or topic in middle school or high school. As noted above, the adopted course of study for grades 1 to 6, inclusive, includes health. However, there is not similar requirement for the adopted course of study for grades 7 to 12, inclusive. Health is also not a statewide graduation requirement. While it is true that many local educational agencies (LEAs) teach health in some capacity in middle school and high school, there is no requirement to do so beyond the requirement to teach comprehensive sexual health education and HIV prevention education, which is not specific to mental health, which is required at least once in middle school and once in high school via the California Healthy Youth Act. 5) Recently adopted heath framework includes mental health. While health is not a specifically required topic or course in middle school or high school, the SBE has adopted both content standards and a curriculum framework for health. On May 8, 2019, the SBE adopted the 2019 Health Education Curriculum Framework for California Public Schools, Transitional Kindergarten Through Grade Twelve. The revised framework includes additional instructional strategies relating to mental health. While this bill includes that the same language relating to mental health that existing law required the IQC to consider including in the revised framework, to the extent that the framework does not include each specific item, the bill would require the inclusion of instruction that the health framework does not require. This would repeat a similar problem raised by the CHYA, which required instruction for several years that was not covered by the health framework until its recent revision. The health framework will not be revised again until 2027. SB 224 Page 7 FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No According to the Assembly Appropriations Committee: 1) Unknown, though potentially significant, ongoing Proposition 98 General Fund costs to LEAs that offer courses in health instruction to include instruction in mental health in those courses. Costs would vary by LEA and likely would be associated with preparing teachers to instruct in these topics or hire consultants to instruct on these topics and potentially to purchase materials and other tools to aid in instruction. Although this bill does not require teacher preparation on these topics, it is reasonable to assume some teachers will require additional supports to ensure their instruction complies with the bill's provisions. According to CDE data, in the 2018-19 academic year, about 1,600 LEAs offered about 12,000 courses in health education to about 170,000 students. If each LEA offering health courses spent $1,000 for teacher preparation and other costs to comply this bill, statewide costs to schools would be $1.6 million. Because LEAs opt into offering health education courses, placing additional requirements on these courses, as this bill does, likely would not constitute a state -mandated local program. 2) Minor and absorbable costs to CDE to develop a plan to increase mental health instruction in California public schools. According to CDE, its newly created Office of School -Based Health Programs can absorb this workload. SUPPORT: (Verified 9/2/21) California Alliance of Child & Family Services (co -source) California Association of Student Councils (co -source) California Youth Empowerment Network (co -source) Mental Health Services Oversight & Accountability Commission (co -source) National Alliance on Mental Illness (co -source) National Center for Youth Law (co -source) The Children's Partnership (co -source) AFSCME Alliance for Children's Rights American Academy of Pediatrics American Civil Liberties Union — California Aviva Family and Children's Services California Academy of Child and Adolescent Psychiatry California Association for Bilingual Education California Association for Health, Physical Education, Recreation & Dance SB 224 Page 8 California Association of Local Behavioral Health Boards and Commissions California Association of Marriage and Family Therapists California Catholic Conference California Hospital Association California School -based Health Alliance Californians for Justice Californians Together CASA Pacifica Centers for Children and Families Children Now City of Santa Monica County Behavioral Health Directors Association of California Depression and Bipolar Support Alliance Disability Rights California Five Acres - the Boys' and Girls' Aid Society of Los Angeles County Generation Up Hillsides Jewish Public Affairs Committee Los Angeles County Office of Education Mental Health America of Los Angeles National Association of Social Workers, California Chapter NextGen California Parent Institute for Quality Education Psychiatric Physicians Alliance of California Public Advocates San Francisco Unified School District Steinberg Institute The Kennedy Forum The Miles Hall Foundation United Parents Wellness Together Westcoast Children's Clinic OPPOSITION: (Verified 9/2/21) None received ASSEMBLY FLOOR: 72-1, 9/2/21 AYES: Aguiar-Curry, Arambula, Bauer -Kahan, Bennett, Berman, Bloom, Boerner Horvath, Bryan, Burke, Calderon, Carrillo, Cervantes, Chau, Chen, Chiu, Choi, SB 224 Page 9 Cooley, Cooper, Cunningham, Megan Dahle, Daly, Davies, Flora, Fong, Friedman, Gabriel, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gray, Grayson, Holden, Irwin, Jones -Sawyer, Kalra, Kiley, Lackey, Lee, Levine, Low, Maienschein, Mathis, Mayes, McCarty, Mullin, Muratsuchi, O'Donnell, Patterson, Petrie -Norris, Quirk, Quirk -Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Seyarto, Smith, Stone, Ting, Valladares, Villapudua, Voepel, Waldron, Ward, Akilah Weber, Wicks, Wood NOES: Frazier NO VOTE RECORDED: Bigelow, Lorena Gonzalez, Medina, Nazarian, Nguyen, Rendon Prepared by: Brandon Darnell / ED. / (916) 651-4105 9/2/21 18:49:43 **** END **** A�A STA'TE OF CALIFORNIA °t AUTHENTICATED ItiinFiEL ELECTRONIC LEGAL MATERIAL Senate Bill No. 224 CHAPTER 675 An act to add Article 6 (commencing with Section 51925) to Chapter 5.5 of Part 28 of Division 4 of Title 2 of the Education Code, relating to pupil instruction. [Approved by Governor October 8, 2021. Filed with Secretary of State October 8, 2021.] LEGISLATIVE COUNSEL'S DIGEST SB 224, Portantino. Pupil instruction: mental health education. Existing law requires, during the next revision of the publication "Health Framework for California Public Schools," the Instructional Quality Commission to consider developing, and recommending for adoption by the State Board of Education, a distinct category on mental health instruction to educate pupils about all aspects of mental health. Existing law requires mental health instruction for these purposes to include, but not be limited to, specified elements, including reasonably designed and age -appropriate instruction on the overarching themes and core principles of mental health. This bill would require each school district, county office of education, state special school, and charter school that offers one or more courses in health education to pupils in middle school or high school to include in those courses instruction in mental health that meets the requirements of the bill, as specified. The bill would require that instruction to include, among other things, reasonably designed instruction on the overarching themes and core principles of mental health. The bill would require that instruction and related materials to, among other things, be appropriate for use with pupils of all races, genders, sexual orientations, and ethnic and cultural backgrounds, pupils with disabilities, and English learners. The bill would require the State Department of Education to develop a plan to expand mental health instruction in California public schools on or before January 1, 2024. The people of the State of California do enact as follows: SECTION 1. (a) The Legislature finds and declares all of the following: (1) Mental health is critical to overall health, well-being, and academic success. (2) Mental health challenges affect all age groups, races, ethnicities, and socioeconomic classes. 93 Ch. 675 (3) Millions of Californians, including at least one in five youths, live with mental health challenges. Millions more are affected by the mental health challenges of someone else, such as a close friend or family member. (4) Mental health education is one of the best ways to increase awareness and the seeking of help, while reducing the stigma associated with mental health challenges. The public education system is the most efficient and effective setting for providing this education to all youth. (b) For the foregoing reasons, it is the intent of the Legislature in enacting this measure to ensure that all California pupils in grades 1 to 12, inclusive, have the opportunity to benefit from a comprehensive mental health education. SEC. 2. Article 6 (commencing with Section 51925) is added to Chapter 5.5 of Part 28 of Division 4 of Title 2 of the Education Code, to read: Article 6. Mandatory Mental Health Education 51925. Each school district, county office of education, state special school, and charter school that offers one or more courses in health education to pupils in middle school or high school shall include in those courses instruction in mental health that meets the requirements of this article. This section shall not be construed to limit a school district, county office of education, state special school, or charter school in offering or requiring instruction in mental health as specified in this article. This instruction shall include all of the following: (a) Reasonably designed instruction on the overarching themes and core principles of mental health. (b) Defining signs and symptoms of common mental health challenges. Depending on pupil age and developmental level, this may include defining conditions such as depression, suicidal thoughts and behaviors, schizophrenia, bipolar disorder, eating disorders, and anxiety, including post -traumatic stress disorder. (c) Elucidating the evidence -based services and supports that effectively help individuals manage mental health challenges. (d) Promoting mental health wellness and protective factors, which includes positive development, social and cultural connectedness and supportive relationships, resiliency, problem solving skills, coping skills, self-esteem, and a positive school and home environment in which pupils feel comfortable. (e) The ability to identify warning signs of common mental health problems in order to promote awareness and early intervention so that pupils know to take action before a situation turns into a crisis. This shall include instruction on both of the following: (1) How to seek and find assistance from professionals and services within the school district that includes, but is not limited to, school counselors with a pupil personnel services credential, school psychologists, and school social workers, and in the community for themselves or others. 93 Ch. 675 (2) Evidence -based and culturally responsive practices that are proven to help overcome mental health challenges. (f) The connection and importance of mental health to overall health and academic success and to co-occurring conditions, such as chronic physical conditions, chemical dependence, and substance abuse. (g) Awareness and appreciation about the prevalence of mental health challenges across all populations, races, ethnicities, and socioeconomic statuses, including the impact of race, ethnicity, and culture on the experience and treatment of mental health challenges. (h) Stigma surrounding mental health challenges and what can be done to overcome stigma, increase awareness, and promote acceptance. This shall include, to the extent possible, classroom presentations of narratives by trained peers and other individuals who have experienced mental health challenges and how they coped with their situations, including how they sought help and acceptance. 51926. Instruction and materials required pursuant to this article shall satisfy all of the following: (a) Be appropriate for use with pupils of all races, genders, sexual orientations, and ethnic and cultural backgrounds, pupils with disabilities, and English learners. (b) Be accessible to pupils with disabilities, including, but not limited to, providing a modified curriculum, materials and instruction in alternative formats, and auxiliary aids. (c) Not reflect or promote bias against any person on the basis of any category protected by Section 220. (d) Be coordinated with any existing on -campus mental health providers including, but not limited to, providers with a pupil personnel services credential, who may be immediately called upon by pupils for assistance. 51927. (a) This article does not limit a pupil's health and mental health privacy or confidentiality rights. (b) A pupil receiving instruction pursuant to this article shall not be required to disclose their confidential health or mental health information at any time in the course of receiving that instruction, including, but not limited to, for the purpose of the peer component described in subdivision (h) of Section 51925. 51928. For purposes of this article, the following definitions apply: (a) "Age appropriate" has the same meaning as defined in Section 51931. (b) "English learner" has the same meaning as defined in Section 51931. (c) "Evidence -based" means verified or supported by research conducted in compliance with scientific methods and published in peer -reviewed journals, where appropriate, and recognized as accurate and objective by professional organizations and agencies with expertise in the mental health field. (d) "Instructors trained in the appropriate courses" means instructors with knowledge of the most recent evidence -based research on mental health. 93 Ch. 675 — 4 — 51929. On or before January 1, 2024, the department shall develop plan to expand mental health instruction in California public schools. U 93 Theresa Bass From: Theresa Bass Sent: Tuesday, January 17, 2023 4:50 PM To: Public Comment Subject: FW: [EXTERNAL] SB 224 Portantino. Pupil instruction: mental health education Attachments: 202120220SB224_Senate Floor Analyses-1.pdf; 202120220SB224_Assembly Education.pdf; 202120220SB224_Senate Floor Analyses.pdf; 202120220SB224_Senate Education.pdf; 224 Pupil instruction mental health education.pdf From: Craig A Durfey Sent: Monday, January 16, 2023 11:45 AM To: Nick Dibs ; fgozalez@ocsheriff.gov; Craig A Durfey Ryan Durfey ; durfeycrai ; editor at oc-breeze.com <editor@oc-breeze.com>; GGEA President < preside nt@ggea.org>; COB_Response <response@ocgov.com>; Theresa Bass <TBass@anaheim.net> Subject: [EXTERNAL] SB 224 Portantino. Pupil instruction: mental health education Warning: This email originated from outside the City of Anaheim. Do not click links or open attachments unless you recognize the sender and are expecting the message. From Craig A Durfey SB-224 Pupil instruction: mental health education. (2021-2022) [Approved by Governor October 8, 2021. Filed with Secretary of State October 8, 2021.] Theresa Bass From: Sent: Wednesday, January 18, 2023 12:43 PM To: Public Comment Subject: [EXTERNAL] Attachments: text.000001.txt Warning: This email originated from outside the City of Anaheim. Do not click links or open attachments unless you recognize the sender and are expecting the message. West Anaheim deserves more. We deserve the best. Why not? We are a blank canvas. The audacity the city has tp decide we wanted painted murals after all our input for the Beach bIvd Specific Plan states otherwise. We do not want muraIs. We want high class, upscale, deserving shopping' restauant dining' entertainment and more. Most people settle for less than what they deserve because they let others decide what they are , t-gig of. West Anaheim deserves more. We deserve the best. Why not? We are a blank canvas. The audacity the city has tp decide we wai blvd Specific Plan states otherwise. We do not want murals. We want high class, upscale, deserving shopping, restauant dining, e SPECIFIC PLAN. Fil :T. - -Mobilew', Theresa Bass From: Theresa Bass Sent: Wednesday, January 18, 2023 11:41 PM To: Public Comment Subject: FW: [EXTERNAL] The 14th annual National Day of Unplugging 2023 is March 3-4 From: Craig A Durfey Sent: Wednesday, January 18, 2023 10:00 PM To: Craig A Durfey ; Ryan Durfey senator. umberg@senate.ca.gov; SE NATO R.GONZALEZ@senate.ca.gov; SEDN.committee@senate.ca.gov; Henry. Lavacude-Cola@asm.ca.gov; Zak.Castillo- Krings@asm.ca.gov; David.Ochoa@sen.ca.gov; assemblymember.rendon@assembly.ca.gov; assemblymember.friedman@assembly.ca.gov; Assemblymember Quirk -Silva <assemblymember.quirk- siIva @assembly.ca.gov>; editor at oc-breeze.com <editor@oc-breeze.com>; Assemblymember Davies <Assemblymember.Davies@assembly.ca.gov>; PIO Department <pio_department@ggusd.us>; SENATOR.WIENER@SENATE.CA.GOV; SE NATO R.ALLEN@SENATE.CA.GOV; senate.atkins@senate.ca.gov; HEA.Committee@senate.ca.gov; rosielyn.pulmano@asm.ca.gov; judy.babcock@asm.ca.gov; lara.flynn@asm.ca.gov; kristene.mapile@asm.ca.gov; Nick Dibs <nickdibsl@gmail.com>; Theresa Bass <TBass@anaheim.net>; Public Records Request <cityclerk@ggcity.org>; COB_Response <response@ocgov.com>; ocbe@ocde.us; patty.rodgers@asm.ca.gov Subject: [EXTERNAL] The 14th annual National Day of Unplugging 2023 is March 3-4 Warning: This email originated from outside the City of Anaheim. Do not click links or open attachments unless you recognize the sender and are expecting the message. 01-18-2023 Craig A Durfey To whom it may concern Request a resolution: The 14th annual National Day of Unplugging 2023 is March 3-4 https:Hsocialemotionalpaws.com/blog-post-1/f/the-14th-annual-national-day-of-unplugging-2023-is-march-3-4 National Day of Unplugging is an awareness campaign that promotes a 24-hour respite from technology annually observed the first weekend in March. For more than a decade, schools, religious institutions and businesses have used our resources to inspire healthy life/tech balance within their communities. Participation is open to anyone who wishes to elevate human connection over digital engagement. Join us by spending an hour or a full day away from technology on National Day of Unplugging, (sundown -to -sundown) March 3-4, 2023. National Day of Unplugging has been around for over a decade and is now a project of Unplug Collaborative, a non-profit, membership organization formed in February 2020. Learn more about Unplug Collaborative here. National Day of Unplugging Membership is open to any educator, organizer, parent or individual who wants to spread awareness about how to maintain healthy life/tech balance. For the last decade, the NDU campaign has continued to grow at an impressive rate. To date, there are more than 135,000 people who have participated in events hosted by over 1,000 schools, religious institutions and businesses worldwide. History of National Day of Unplugging When NDU started in 2009, very little academic and clinical research had been conducted about the long-term impact of smartphone use on mental health. Recognizing the need for awareness of what might become a bigger problem, the Jewish arts and culture non-profit Reboot launched in partnership with Sabbath Manifesto, a project designed to slow down lives in an increasingly hectic world. What was once a small group of people gathering for tech -free Shabbat dinners turned into thousands of world-wide community partners organizing live unplugged events, year after year. National Day of Unplugging would not have been possible without the creative spirit and dedication of Dan Rollman, founder of Sabbath Manifesto, and Jessica Tully, the artist who designed the original Cell Phone Sleeping Bag for Reboot. Share this post: Thank You Craig A Durfey Theresa Bass From: Theresa Bass Sent: Thursday, January 19, 2023 5:58 PM To: Public Comment Subject: FW: [EXTERNAL] Additional supportive information AB 21, as introduced, Gipson. Peace officers: training. Attachments: BETTER COPY U.S. SANCHEZ TO CRAIG 20031mage_20230116_0001.pdf; CA STATE LETTER POST 20021mage_20230116_0001.pdf, CA STATE POST LETTERMARCH 13 2002 Image_20230116_0001.pdf, U.S. SENATOR BOXER OCT 29 2001 Image_20230118 _0001.pdf, The Child Abuse Prevention and Treatment Act (CAPTA) The Administration for Children and Families (hhs.gov) capta.pdf; SUPERIOR COUNTY COURT OF ORANGE SUPORT AB 1718 Slmage_20230116_0001.pdf, EVENLOPE CA STATE POST 2002 Image_20230116_0001.pdf, CHIEF BLANKENSHIP SEPT 12 2001 Image_20230118_0001.pdf, CA STATE SENATOR JOSEPH AB 17181mage_ 20230118_0001.pdf, FW: AB 21, as introduced, Gipson. Peace officers: training.; CA STATE CHILD ABUSE AND NEGLECT REPORTING ACT PENAL CODE SECTION 11164.pdf, MANDATED REPORTER.pdf, CA POST School Police Officer TRAINING.docx; WESTMINSTER P.D.POST SRO OUTLINElmage_20230118_0001.pdf; AB-638 Mental Health Services Act early intervention and prevention programs20210AB638_94.pdf From: durfeycraig Sent: Thursday, January 19, 2023 4:58 PM To: 'Nick Dibs' <nickdibsl@gmail.com>; senator. umberg@senate.ca.gov; SENATO R.GONZALEZ@senate. ca.gov;'GGEA President' <president@ggea.org>; David.Ochoa@sen.ca.gov; assemblymember.rendon@assembly.ca.gov; Assemblymember.Davies@assembly.ca.gov; Joyce.Rivero@ocgov.com; assemblymember.quirk-siIva @assembly.ca.gov; fganzales@ocsheriff.gov; GGDPIO@GGCITY.ORG; Don Barnes <ddbarnes@ocsd.org>; JOATHAN@GGUSD.ORG; mariom@ggpd.org; amire@ggpd.org; douglasp@ggpd.org; stephanie.jordan@sen.ca.gov; sarah.loftin@sen.ca.gov; stella.choe@sen.ca.gov; Theresa Bass <TBass@anaheim.net>; mary.ken nedy@sen.ca.gov; tgoodbrand@cityofirvine.org; jarad.hollingshead@sen.ca.gov Cc: durfeycraig 'Nick Dibs' clayton.heard@asm.ca.gov; sandy.uribe@asm.ca.gov; cheryl.anderson@asm.ca.gov; cheryl.anderson@asm.ca.gov; liah.burnley@asm.ca.gov; andrew.ironside@asm.ca.gov; Mureed.Rasool@asm.ca.gov; elizabeth.potter@asm.ca.gov; mkent@cityofirvine.org; nsmiley@cityofirvine.org; Whill@Cityofirvine.org Subject: [EXTERNAL] Additional supportive information AB 21, as introduced, Gipson. Peace officers: training. Warning: This email originated from outside the City of Anaheim. Do not click links or open attachments unless you recognize the sender and are expecting the message. 01-18-2023 (P.R.D.D.C.) PARENTS FOR THE RIGHTS OF DEVELOPMENTALLY DISABLED CHILDREN CRAIG A. DURFEY FOUNDER OF P.R.D.D.C. 1 SOCIALEMOTIONALPAWS.COM FACEBOOK: CRAIG DURFEY U.S. F 404 - HONORING 0111AIG llm'NWI' IIII-'III° IF IS FIGHT AGAINST AUTISM ... Ms. L011ZETTA SN1401HEZ of California. https://www.govinfo.gov/content/pkq/CREC-2003-03-27/pdf/CREC-2003-03-27.pdf new website soc1alemot1oqg!ppws.org Assemblymember Mike A. Gipson State Capitol P.O. Box 942849 Sacramento, CA 94249-0065 Tel: (916) 319-2065 Fax: (916) 319-2165 Assemblymembers Tri Ta State Capitol P.O. Box 942849 Sacramento, CA 94249-0070 Phone - 916-319-2070 Assembly Public Safety Committee 1020 N Street (LOB), Room 111 Sacramento, California 95814 916.319.3744 phone 916.319.3745 fax Senate Public Safety Committee 1020 N Street, Room 545 Sacramento, CA 95814 Phone: (916) 651-4118 Fax: (916) 445-4688 Dear Assemblymembers Tri Ta Requesting consideration with the author amendment to include training all current swoon Peace officers, SROs with digital illness, SCR 73 Blue light 2919 harm, myopia, sleep deprivation causing physical harm as well as mental illness, to Esports that falls under State Federal Child Abuse mandates Penal code 11165.7 with AB 1432 CA State AB 21, as introduced, Gipson. Peace officers: training December 2022 An act to amend Section 13515.28 of, and to add Section 13515.285 to, the Penal Code, relating to peace officers. Ilfm .,//1 nt ANfirnl7bill id=202320240AB2,1 . N Mandated child abuse reporting: school employees: training.(2013-2014) Ilfmt .,//1 nt ANfirnl7bill id=20,1320,140AB,1432 As a contributor in writing to CA State law AB 1718 Hertzberg. Peace officers: advanced training: mental illness, from my researching social media emotional harm addiction to blue light that having ever the opportunity input to revise the current CA State law AB 1718 Hertzberg modified to address the culture change with screentime, gaming online addiction, cell phones CA State law AB 272 year was 2019 reports of harm to the wellbeing of a child. causing cognitive delay from infants. The above PDF will support my past letter from CA State POST,CA State Governor Gray Davis signature on CA State into law AB 1718. While advocating was invited many times to LA Sheriff Academy to work will their psychologist to assist with autism, mental health, one has always stood in my mind today was what has said to was Craig they have families with autism. Today social medial consumption has gone exponential far reaching today due the proliferation has spread far and wide with the awareness as in common sense as a car seat, seat belt. As the founder of P.R.D.D.C. devoted its time with limited resources to bring awareness since 1998 about issues impacts children and families. IN 1998 with a will to learn to advocate learning curve was steep when autism was then a big issue. That very few were unwilling to support this issue only threw two friends at that time we went to LA City mayor's office then I would speak many times went to Los Angeles police commission then went to the CA State POST Commission law enforcement in Los Angeles CA Meeting Aril 10 2002 where I meet Sheriff Baca outside coming out of his black car before the meeting page 13 under "U" page 13 under/ new business/old Ilhmtt,w//t,........, ov/ oiirt Is/ / ost ocs/coil ii issioiiii eetiii s/ 7 ii iirioiir/ - I iir..lir/................................................' ..........,.III ......_t With the help from GGPD chief Joe Polisar had had his staff meet with me over my research. Then chief Joe Polisar met together at the OC register building to be interview local tv to share about concern with autism and was invited to meet with and work with The Orange County Chiefs of Police and Sheriffs Association. They assigned to work will with Orange County Sherriff Mike Carona to develop information how to interact with autism. Met with Orange County Chiefs of Police and Sheriffs Association about Mental Health, Autism they decided to assign me Orange County Sherriff Mike Carona with my research. Orange County Chiefs of Police and Sheriffs Association . A recent video from two years ago [ 1_____ ) ii ess a fiiroii tllfine iir li a omit Ilfmiefs of My travels went to many places to raise awareness, wrote editorials Ilfmtt.,//..............................._www,1...... tlii... es coii........:/.......iir hii /1.......... li........:................................-llul- -ii e- 71 7-stoiir .,,16m_ti�........:'.,. was advisor to KFWB radio news LA market, meetings with police chiefs state meeting, helped LA Sheriffs Baca training Psychologist many trips. And advised the Governor Davis about AB 1718 2000 flew up to Sacramento was invited into his office to meet with his staff and spoke to personally to then Atty General Bill Locker. Several times. Was place on home plate at Anaheim Angels baseball team by Assemblymember Lou Correa home plate received recognition framed to honor my work, for what was imposable by one person a round of applause came from the bleacher with family seating above watching this very rare invent in history, to then receive a call from United State Congress Lorreta Sanchez into Congressional record of Congress for fighting for Autism. Today CA State AB 21 as introduced, Gipson. Peace officers: training. The California Peace Officers Standards and Training (POST) is the state organization that governs, monitors, and develops the training standards for all law enforcement agencies throughout the state. POST has an approved School Resource Officer curriculum that is offered throughout the state. The course is 40 hours in length and provides the following description of the class curriculum: This highly interactive, student -centered course provides School Resource Officers (SROs) with critical knowledge, skills, and communication techniques to enhance the SRO's abilities to foster positive relations with youth, understand challenges currently faced by youth, assist youth in fulfilling their on -campus and off -campus needs, work collaboratively with teachers and school administrative staff, and build a network of local resources to assist students with unmet needs. In addition to this core course, the WPD SRO has attended the following training: • SRO Basics & Beyond 16 hours • Gang Awareness 32 hours • Gang Investigation: Advanced 36 hours • Crisis Intervention 16 hours • First Aid/CPR 8 hours • De-escalation Training 8 hours F Internet Gaming in DSM-5 Addiction to gaming is described in the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders (DSM-5-TR), which is used by mental health professionals to diagnose mental disorders. In the DSM-5-TR, the condition is referred to as Internet Gaming Disorder (IGD). IGD is included in the section recommending conditions for further research, along with caffeine use disorder and other conditions. The DSM-5-TR includes substance -related addictive disorders, such as alcohol, tobacco, stimulants, marijuana and opioids. Gambling disorder is the only behavioral addiction (as opposed to chemical substance use disorders) identified in DSM-5-TR. .. . ............ III inteirinet-Gairn ling!:P 6C51 Gaming disorder Ilfmtt sw//1c who iiirit/lIl iiro se11 /1-ii /eii� /IlNtt w//1 who iint/ic /eintit 1448597234 P..............................................................................................................................................................................................................................................................................................................................................................y................................ . SCREENAGERS PODCAST Delaney Ruston, MD, a leading authority on pa Join Delaney Ruston, MD, a leading authority on parenting in the digital age and the filmmaker of the award -winning Screenagers movies, as she explores strategies for raising screen -wise and tech -balanced youth. Through interviews with researchers, thought leaders, and young people themselves, the Screenagers Podcast delivers the latest in science along with practical tips. Most episodes are geared for parents, kids and teens to listen to and thus spark common ground for inspired conversations. Ilfm // iI iix�'Pi/Ilstoin-ii . ......._U......._.................._ i.......:l ............ utllfmoiirit-oii-III Video which offers an insight to the tobacco addictions to techno Join over 10,000 hosts worldwide by hosting your own screening of our movies! Whether a large theatre -style screening event or a smaller community watch -along, our team make it easy for you to put on your event It has been an unbelievable week with Facebook and its other companies going down not once, but twice, and witnessing the former Facebook employee, Frances Haugen — the whistleblower who released key documents — testify for three hours in front of a Senate hearing. Haugen was so freaking eloquent and on point. I am so happy to have her bright mind, along with that of Tristan Harris, both working to promote policy changes. This week I was asked to speak on CNN about how Instagram can impact youth mental health. I was glad to voice my concern, and it has been great to see so many others speaking out. I want to encourage everyone to be vocal right now. Our voices matter. Let me give an example from the past. In 2016 FB (and Instagram) asked me to come to their headquarters and show Screenagers to their adolescent division. I spoke about negative emotions that were happening to young people related to social media and my concerns about excessive use and addiction. Our conversation was very much a back and forth, and they were open to discussing the benefits and risks of their platforms on adolescents. Ilfm P . // ii......I ii iirxU�......._'.P.................._ i!......:/Ill - ost-1/f/vii eo- Ilfmiicllfm-of eiirs- ii -iiii sii Ilfmt-to-the- tolll cco- ictioiiris-to-teclINiiroo Continuing Education Program EARN CE Credits from an APA and NBCC approved Provider Psychologists, Counselors and other Mental Health Professionals can earn CE Credits in our Continuing Education Program. Watch your choice of movie here, on -demand, then upon completion of a short test you will be awarded your credit - It's that easy! Ilfm ps:1/..............................._, pr in ......... eiirsii ovle,coii /coiitrtiiiirouiiii� -e uc tiioiiro For sake of pupils' pupils, China to ban homework on apps Ilfm P . // ii......._I ii.......: iirxU�......._'.P.................._ ii.......:/Ill - ost-1/f/four-s Ill�e-of- u iils�l� �1� �1� - u ails-cllfmiiii - to -III iiri-IlNoii a oiirllk-oiiri- ii ii s-,I MRIs show screen time linked to lower brain development in presch Ilfm P . // ii......._I ii.......: iirxU�......._'.P.................._ ii.......:/Ill - ost-1/f/ii iiriis-sllfmo-sciireeii -tiiii a-liiii lll�e -to-lo eiir- III...i.........i.lid.-....... 1 parents concerned about teens' gaming and social media habits Ilfm P . // ii......._I ii.......: iirxU�......._'.P.................._ ii.......:/Ill - ost-1 /f/ iireii is-coii ceiirii e - Ill out- teeir!s..% N N. ii iii - ii -social-ii e i -h bits Press Release Social Media Addictions' causing brain injury with Children with autism are vulnerable to the negative effects of screen time. Autism and Screen Time: Special Brains, Special Risks I Psychology Today Australia Ilfm Ul .,//..............................._,P . cllfmolog ................y.,, li.......:/ /III 1 /ii eii t 1- a Itllfm/ 1 / iir -ii tteiirs-too-ii uch- iir alid ii.ii........:................i........:......... es-the- Ibiir......iil.n.......n :text= emir iiii...... iii % iirese iircllN% sllNo s% excessive% sciireeiiri% tiii e% Oda...................ii........:........ es�/� tllhme,ii tteiir0/6 tiiroi llhm 1..............._1...............!ir uce �1� coiirtic 1�1� tllhmiclll�ii eSS�1� �1� ii % otllhmeiir% effects. And Ilhm_ttUl :I/ i%......._l ii........:otloi�......._'.11 ................s ii........:/Ill - ost-1/f/ iiress-iirele se-socii 1-ii a ii - lctloins- .... us.ii� -biir iin-iiii� .-..........iitllhm 62% Of Young Garners Experience Abuse Online, According To Study Ilhmtt.l .., // ii......._I ii.......: t.iirxUn......._I.E.................._ ii.......:/IlblR - buse- ril.line-... cco r.......iili Stu _ A Feature Documentary Exploring Anxiety and Kids Are Kids Crisis Blue Light and Your Eyes Causes Myopia with Sleep Deprivation. Ilfmtt . // ii........leis.......:otI ii�......._1E...................s,coil.......:/Il loq-M ost-1/f/Ill�lue-liigllfmt- ii� -yr� .pr- y ......._ ii........:,, o ii - Al Muratsuchi's Assembly Bill (AB) 272, Banning Smartphones in Sc "Growing evidence shows excessive smartphone use at school interferes with a student's education and success, encourages cyberbullying, and contributes to teenage anxiety, depression, and suicide," stated Assemblymember Muratsuchi. "This new law will encourage school districts to develop their own policy that strikes a balance between allowing appropriate student use of smartphones at school, while making sure that smartphones are not interfering with a student's educational, social and emotional development." Evidence has shown that unrestricted use of smartphones by students at schools lowers academic performance, particularly among low -achieving students; promotes cyberbullying; and contributes to teenage mental health issues. Between 2009 and 2017, the number of 14 to 17 year olds experiencing clinical level depression jumped more than 60%, with a 47% increase among 12 to 13 year olds. AB 272 will take effect in January 2020. Ilfm :I/ ii......I ii iirxU�......._I.E.................._ i!......:/Ill - ost-1/f/ 1-ii uiir tsucllfmiis- sseii III 1 -Ill sill- III - 7 - II ........Unin.1113.q-sii iirtlll llfmoii es-iii -sc American children have quietly become hooked on video game supple EXCLUSIVE: American children have quietly become hooked on video game supplements that have DOUBLE the caffeine of Red Bull and may stunt their growth and warp their brains, experts warn. Ilfm :I/ ii......I ii iirxU�......._I.E.................._ i!......:/Ilbl - ost-1/f/ ii eiiriic ii-cllfmiil iireii -Ilfm ve- uiietl-Ibecoii e- 16 oollke.... -oin i%......_ rx-q ii a-sul 11 Too much screen time is raising rate of childhood myopia Ilfm :I/ ii......._I ii.......: iirxU�......._I.E.................._ ii.......:/Ilbl - ost-1/f/too-ii ucllfm-sciireeii -tiiii e-its-iir iisiiii -iir to-of- Ilfmil........11b........1!.......:,, o i Lenovo: Smarter technology for all eyes. Employees and students at risk What can employers and educators do to protect health and productivity? Paul Wright, Eyesafe will weigh in on solutions for mitigating blue light from digital devices in enterprise and education. Ilfm // 1... I ii...... q..t.......... .r.o..._I.� ................_ ii.. /bi - ost-1/f/leis ovo-sii iirteiir- How Does Blue Light Affect Mental Health? Blue light exposure close to bedtime can disrupt the sleep/wake cycle (circadian rhythm), and affect hormone secretion, nerve signaling (neurotransmission) and the brain's ability to adapt (plasticity) to changing situations. Excessive blue light can cause sleep and mood disorders, leading to depression.Apr 26, 2021 Blue light can affect mental health by interfering with the way our brain regulates mood, emotions and sleep. The lift in our spirits in response to a sunny day with bright blue skies is an obvious beneficial effect of light on our mood. This effect is primarily from blue light, the color with the highest energy in the visible color spectrum. Ilfm t . // ii......I ii iirxUp......._I.E.................._ i!......:/Ilbl - ost-1/f/Ilfmo - oes-Ill lue-lii Ilfmt- ffect-ii eii t I -the Ith Blue Light & Color Standards Ilfmt.,//ii......._Iii.......:iirxUp......._I.P.....aws ............._ii.......:/Ilbl-Illost-1/f/Illlue-liillfmt-colour-st ii iir s GAMMA, RAYS X-RAYS, ULTRAVIOLET VISIBLE INFRARED, Cw1WROWAVE r RADIO WAVE ���a�" wftti,�e'�� 'n11�1 10 ,�,w,u0OU a� �rcF'ar"� ktram� r r � Computer screen time is damaging eyes — especially for children A survey conducted by Ipsos and the Global Myopia Awareness Coalition found that 44 percent of U.S. children are using electronic devices for over four hours a day, more than double the rate before the pandemic. Naturally, there are worries about the effects on physical activity, loneliness and sociological gaps. But in the United States, I think not enough people are considering another potential side effect of living through screens: eye damage. Ilfm :I/ ii......._I ii.......: iirxU�......._'.P.................._ ii.......:/Ill - ost-1/f/coil uteiir-sciireeii -tiiii a-iis- ii lin -e es- .%..................1.............._�1�................ . ...........i......._ll -foiir-clI ill iireiiro PRODUCTS THAT MEET EYESAFE REQUIREMENTS FOR LOW BLUE LIGHT. Ilfmiiix�IPi/Il.......:n - ............................................................... U......._.................._ i.......:l .iii ...................i IINt CONSUMER ELECTRONICS BRANDS ANNOUNCE NEW EYESAFE PRODUCTS AT BLUE The global event, organized around the theme of "designing for human health," was a cross -industry forum that brought together leaders from health care and electronics to discuss the health impacts of screen time and increased exposure to HEV blue light The widely attended 2nd annual Summit provided a platform for Dell, HP, Lenovo, and Acer - collectively representing over 70% of global personal computer sales1 - to unveil a new generation of solutions that are designed to effectively manage blue light emissions BOE, the largest display panel maker in the world, also shared plans for their low blue light offerings United Healthcare Vision announced new solutions for members, upcoming screen time education hub, and CES 2021 event in January Ilfmtt .,// ii......._I ii.......: iirxUn......._I.E.................._ ii.......:/Ill - ost-1/f/coil suit eiir-electiiroii tics -Ill iir ii s- ininouince- ine -e es fe- Kq acts- t-� Small Minnesota company goes big with blue light protection Ilfmtt ., // ii......._I ii.......: iirxU�......._I.P.................._ ii.......:/Ill - ost-1 /f/sii 11-ii iiii ii esot -coil ii ... does -Ill ii - iitllfm- Ilbl 1ii 16mt-Il tirotectiioii Is Blue Light Actually Harmful? Ilfm :I/ ii......I ii iirxU�......._'.P.................._ i!......:/Il l - ost-1/f/iis-Ill lue-lii Ilfmt- ctu 11 -Ilfm iirii ful AB 272, Muratsuchi. Pupils: use of smartphones (a) There is growing evidence that unrestricted use of smartphones by pupils at elementary and secondary schools during the schoolday interferes with the educational mission of the schools, lowers pupil performance, particularly among low -achieving pupils, promotes cyberbullying, and contributes to an increase in teenage anxiety, depression, and suicide. (b) In September 2018, France adopted a nationwide smartphone ban in all primary and middle schools in order to promote pupil achievement and healthy social development. (c) The London School of Economics and Political Science published a May 2015 study that found that test scores improved significantly at schools that banned mobile phone use, and that the most significant gains in pupil performance were made by the most disadvantaged and underachieving pupils. The study concluded that "schools could significantly reduce the education achievement gap by prohibiting mobile phone use in schools." 10 (d) Dr. Jean Twenge, who is a professor of psychology at San Diego State University, published a book in 2017 entitled i°iGen," which presents evidence of an increase in depression and suicide among American teenagers that may be caused by increased mobile device screen time and social media use. According to Dr. Twenge, 8th grade pupils who spend 10 or more hours per week on social media are 56 percent more likely to describe themselves as unhappy than those who devote less time to social media. Moreover, teenagers who spend three hours per day or more on electronic devices are 35 percent more likely to demonstrate risk factors for suicide, such as suicidal ideation, and teenagers who spend five or more hours per day on their devices are 71 percent more likely to demonstrate a risk factor for suicide. I! #P.! //1 nt ANfirnl7bill id=20,1920200AB272 SB 224, Portantino. Pupil instruction: mental health education [Approved by Governor October 8, 2021. Filed with Secretary of State October 8, 2021.] SEC. 2. Article 6 (commencing with Section 51925) is added to Chapter 5.5 of Part 28 of Division 4 of Title 2 of the Education Code, to read: Article 6. Mandatory Mental Health Education 51925. Each school district, county office of education, state special school, and charter school that offers one or more courses in health education to pupils in middle school or high school shall include in those courses instruction in mental health that meets the requirements of this article. This section shall not be construed to limit a school district, county office of education, state special school, or charter school in offering or requiring instruction in mental health as specified in this article. This instruction shall include all of the following: (a) Reasonably designed instruction on the overarching themes and core principles of mental health. (b) Defining signs and symptoms of common mental health challenges. Depending on pupil age and developmental level, this may include defining conditions such as depression, suicidal thoughts and behaviors, schizophrenia, bipolar disorder, eating disorders, and anxiety, including post -traumatic stress disorder. (c) Elucidating the evidence -based services and supports that effectively help individuals manage mental health challenges. (d) Promoting mental health wellness and protective factors, which includes positive development, social and cultural connectedness and supportive relationships, resiliency, problem solving skills, coping skills, self-esteem, and a positive school and home environment in which pupils feel comfortable. (e) The ability to identify warning signs of common mental health problems in order to promote awareness and early intervention so that pupils know to take action before a situation turns into a crisis. This shall include instruction on both of the following: (1) How to seek and find assistance from professionals and services within the school district that includes, but is not limited to, school counselors with a pupil personnel 11 services credential, school psychologists, and school social workers, and in the community for themselves or others. (c) "Evidence -based" means verified or supported by research conducted in compliance with scientific methods and published in peer -reviewed journals, where appropriate, and recognized as accurate and objective by professional organizations and agencies with expertise in the mental health field. (d) "Instructors trained in the appropriate courses" means instructors with knowledge of the most recent evidence -based research on mental health. 51929. On or before January 1, 2024, the department shall develop a plan to expand mental health instruction in California public schools. Ilfm .,//1 nt ANfirnl7bill i 1 4 AB-1432 Mandated child abuse reporting: school employees: training.(2013-2014) An act to repeal Section 44690 of, and to repeal and add Section 44691 of, the Education Code, and to amend Section 11165.7 of the Penal Code, relating to child abuse reporting. [ Approved by Governor September 29, 2014. Filed with Secretary of State September 29, 2014. ] AB 1432, Gatto. Mandated child abuse reporting: school employees: training. The Child Abuse and Neglect Reporting Act requires a mandated reporter, which includes a teacher or one of certain other types of school employees, to report whenever he or she, in his or her professional capacity or within the scope of his or her employment, has knowledge of or has observed a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. Existing law requires the State Department of Education to develop staff development seminars and any other appropriate means of instructing school personnel in the detection of child abuse and neglect and the proper action that school personnel should take in suspected cases of child abuse and neglect. Existing law requires school districts that do not train their employees in the duties of mandated reporters under the child abuse reporting laws to report to the State Department of Education the reasons why this training is not provided. Ilfm .,//1 nt ANfirnl7bill id=20,1320,140AB,1432 Penal Code section 11165.7. The California Child Abuse & Neglect Reporting Law IlfmttPs:// chieve,l us ,inet/site/h ii leiirs/fiile o inlo sIINx ii o ulei instaincei 313 t i ................................................................................................................................................................................................................................................................................................................. i i i AB-2246 Pupil suicide prevention policies.(2015-2016) Article 2.5. Pupil Suicide Prevention Policies 12 215. (a) (1) The governing board or body of a local educational agency that serves pupils in grades 7 to 12, inclusive, shall, before the beginning of the 2017-18 school year, adopt, at a regularly scheduled meeting, a policy on pupil suicide prevention in grades 7 to 12, inclusive. The policy shall be developed in consultation with school and community stakeholders, school -employed mental health professionals, and suicide prevention experts and shall, at a minimum, address procedures relating to suicide prevention, intervention, and postvention. Ilfm .,//1 nt ANfirnl7bill i 1 1 AB-1767 Pupil suicide prevention policies.(2019-2020) AB 1767, Ramos. Pupil suicide prevention policies. Existing law requires the governing board or body of a local educational agency that serves pupils in grades 7 to 12, inclusive, to adopt a policy on pupil suicide prevention that specifically addresses the needs of high -risk groups. This bill would require the governing board or body of a local educational agency that serves pupils in kindergarten and grades 1 to 6, inclusive, to, before the beginning of the 2020-21 school year, adopt, and update as prescribed, a policy on pupil suicide prevention that specifically addresses the needs of high -risk groups. The bill would require this policy to be age appropriate and delivered and discussed in a manner that is sensitive to the needs of young pupils. The bill would also require this policy to be written to ensure proper coordination and consultation with the county mental health plan for a referral for mental health or related services made on behalf of a pupil who is a Medi-Cal beneficiary. The bill would require the policy to address any training on suicide awareness and prevention to be provided to teachers of pupils in all of the grades served by the local educational agency. By imposing additional duties on local educational agencies, the bill would impose a state -mandated local program. SECTION 1. Section 215 of the Education Code is amended to read: 215. (a) (1) The governing board or body of a local educational agency that serves pupils in grades 7 to 12, inclusive, shall, before the beginning of the 2017-18 school year, adopt, at a regularly scheduled meeting, a policy on pupil suicide prevention in grades 7 to 12, inclusive. The policy shall be developed in consultation with school and community stakeholders, school -employed mental health professionals, and suicide prevention experts and shall, at a minimum, address procedures relating to suicide prevention, intervention, and postvention. (2) (A) The governing board or body of a local educational agency that serves pupils in kindergarten and grades 1 to 6, inclusive, shall, before the beginning of the 2020-21 school year, adopt, at a regularly scheduled meeting, a policy on pupil suicide prevention in kindergarten and grades 1 to 6, inclusive. The policy shall be developed in consultation with school and community stakeholders, the county mental health plan, school -employed mental health professionals, and suicide prevention experts and shall, 13 at a minimum, address procedures relating to suicide prevention, intervention, and postvention. (B) The policy for pupils in kindergarten and grades 1 to 6, inclusive, shall be age appropriate and shall be delivered and discussed in a manner that is sensitive to the needs of young pupils. Ilfm .,//1 iii fo,le isl tuiire,c ov/f ces/Ill ill v lieint,ANfirnl7bill id=20,1920200AB,1767 This letter represents many, many years researching in the hope one day we would obtain the common since above links are tools to refer to address the core information to better grasp how the screentime addiction can be demises by less the time of consumption to alternative activity to wearing blue light glasses to having you monitor place a certified blue light filter or by a new monitor certified. Acknowledgments: to Garden Grove Police former Police Chief Garden Grove Police Chief Joe Polisar his dedication to mental health where he assisted helping to carry a very import issue to shepherd the way willing go to places with me to be the very important message. To having arrange invitation to bring my concern to the body of the Orange County Sheriffs, Police Chiefs association, to that very, very special opportunity will never forget that day. To former Orange County Sheriff Corona who willing work with me to develop ideas during conversation in his staff office, Acknowledgments: To State attorney Bill Lockyer your compassion to assist with my concerns were as father greatly appreciative. Acknowledgments: To Miss Hertzberg with Mr Hertzberg to carrying about autism with mental health to sponsor AB 1718 2000. Acknowledgments. CA State POST for your willing interact with letter of encouragements to supporting the efforts as a farther as well for all. Acknowledgments: Former CA State Governor Gray Davis you invited to your office to meet with your staff in very small office space to review the concern I had the language. Acknowledgments: Former Assemblyman Lou Correa now U.S. Congressman who invited me to Angel Stadium with my Family where my name was called to come down to stand on home plate before a large crowd to be recognize with CA State frame recognition/ Acknowledgments: To former U. S. Congresswomen Loreta Sanchez where one morning a call came from Washington D.C. that she will recognize me before the house for my fight for autism. Acknowledgments: To those who believe in me to open their doors with time that made come true. Acknowledgments: to Irvine Police Chief with his Staff a special thank you to now Lieutenant Goodbrand, Tom when he was a Sgt as leader in the SROs he was a true to his 14 Professionalism to bring advancement to social media working with the community to the coordinate the very first in CA State Hope Squad now there are eight of them. Ilhm//Ilhm.p..... ............_,ii.......:/, to the city council members who believe in me was supportive of my research . Thank You Very Much Craig A Durfey Founder of P.R.D.D.C. 15 R) ISTATE OF CALIFORNIA �<_ .. AUTHENTICATED 13 n ELECTRONIC LEGAL MATERIAL Assembly Bill No. 638 CHAPTER 584 An act to amend Section 5840 of the Welfare and Institutions Code, relating to mental health, and making an appropriation therefor. [Approved by Governor October 6, 2021. Filed with Secretary of State October 6, 2021.] LEGISLATIVE COUNSEL'S DIGEST AB 638, Quirk -Silva. Mental Health Services Act: early intervention and prevention programs. Existing law, the Mental Health Services Act (MHSA), an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, establishes the continuously appropriated Mental Health Services Fund to fund various county mental health programs and requires counties to spend those funds on mental health services, as specified. The MHSA requires counties to establish a program designed to prevent mental illnesses from becoming severe and disabling and authorizes counties to use funds designated for prevention and early intervention to broaden the provision of those community -based mental health services by adding prevention and early intervention services or activities. Existing law authorizes the MHSA to be amended by a 2/3 vote of the Legislature if the amendments are consistent with, and further the purposes of, the MHSA. This bill would amend the MHSA by including in the prevention and early intervention services authorized to be provided, prevention and early intervention strategies that address mental health needs, substance misuse or substance use disorders, or needs relating to cooccurring mental health and substance use services. By authorizing a new use for continuously appropriated funds, this bill would make an appropriation. The bill would state the finding and declaration of the Legislature that this change is consistent with, and furthers the intent of, the MHSA. Appropriation: yes. The people of the State of California do enact as follows: SECTION 1. Section 5840 of the Welfare and Institutions Code is amended to read: 5840. (a) The State Department of Health Care Services, in coordination with counties, shall establish a program designed to prevent mental illnesses from becoming severe and disabling. The program shall emphasize improving timely access to services for underserved populations. 94 Ch. 584 —2 (b) The program shall include the following components: (1) Outreach to families, employers, primary care health care providers, and others to recognize the early signs of potentially severe and disabling mental illnesses. (2) Access and linkage to medically necessary care provided by county mental health programs for children with severe mental illness, as defined in Section 5600.3, and for adults and seniors with severe mental illness, as defined in Section 5600.3, as early in the onset of these conditions as practicable. (3) Reduction in stigma associated with either being diagnosed with a mental illness or seeking mental health services. (4) Reduction in discrimination against people with mental illness. (c) The program shall include mental health services similar to those provided under other programs that are effective in preventing mental illnesses from becoming severe, and shall also include components similar to programs that have been successful in reducing the duration of untreated severe mental illnesses and assisting people in quickly regaining productive lives. (d) The program shall emphasize strategies to reduce the following negative outcomes that may result from untreated mental illness: (1) Suicide. (2) Incarcerations. (3) School failure or dropout. (4) Unemployment. (5) Prolonged suffering. (6) Homelessness. (7) Removal of children from their homes. (e) Prevention and early intervention funds may be used to broaden the provision of community -based mental health services by adding prevention and early intervention services or activities to these services, including prevention and early intervention strategies that address mental health needs, substance misuse or substance use disorders, or needs relating to cooccurring mental health and substance use services. (f) In consultation with mental health stakeholders, and consistent with regulations from the Mental Health Services Oversight and Accountability Commission, pursuant to Section 5846, the department shall revise the program elements in Section 5840 applicable to all county mental health programs in future years to reflect what is learned about the most effective prevention and intervention programs for children, adults, and seniors. SEC. 2. The Legislature finds and declares that this act is consistent with, and furthers the intent of, the Mental Health Services Act within the meaning of Section 18 of that act. U 94 LORETTA SANCHEZ 46T31 DISTRICT, CALlfORNIA COMMITTEE ON EDUCATION AND THE WORKFORCE SMCOMMITTEES', EDUCATION REFORM WORKFORCE PROTECTIONS SELECT EDUCATION COMMITTEE ON ARMED SERVICES SU6CDMMITTEES: MILITARY RESEARCH AND DEVELOPMENT MILITARY PERSONNEL 5PECSAL OVER51GHT PANEL ON TERRORISM C 11gr-C.q!3 of the 1411*1 rrb Stalrs ifiuitsr of Eepresicittaflues �i' ►lasljin�tutt, BT 20515-0346 January 7, 2003 Mr- Craig Durfey Parents for the Rights of Developmentally Disabled Children 9 331 Celli►ii Ave., 4A Garden Grove, CA 92841 Dear Mt . Durfey-. REPty TO. WASHINGTON OFFICE 1230 LONGWORTH BUILDING WASHINGTON, DC 20515-0646 (202)225-2965 II----11 (202) 225-SB59 FAX I.! DISTRICT OFFICE 12397 LEWIS STREET, SUITE 101 GARDEN GROVE, GA 92840-4695 (714) 621.0102 (714) 621,0401 FAX W W W.h DUSe.Q0v/sanche2 LoreLLa@mai I. hOUSe.gov I would like to commend you for your tireless efforts to improve the lives of children with autism and other developmental disabilities. As a member of the bipartisan Congressional Coalition for Autism R-osealrch and Education (CART), i work to increase awareness of autism and related disorders among Members of (Congress and policy analysts throughout the country. I also work with my colleagues in CAME to educate Members of'Congress by providling forams where au.tisin related policy issues can be debated and discussed. Nly colleagues and I in CARE will actively pursue legislative initiatives during the 108'0 Congress that will facilitate advanced treatments and cures for autism related disorders, as well as promote means to ease the burdens on families and loved ones affected by autism. I know that improving the lives of children with developmental disabilities is an issue that affects you personally given your efforts to improve the lives of your own children affected by autism. Your continued efforts to find ways to improve autism research are truiy appreciated. Again, thank you for all of your efforts to improve the lives of developmentally disabled children. Sincerely, Loretta Sanchez Member of Congress Is PRINTEDUN RzCYCLCD PAPER Training Topic Training Participation / Responsibility * Update/Refresher Training PC 832.1 Airport Security Personnel POST Course Title: "Aviation Security" REQUIRED *Airport officer. REQUIRED Completion of a course of training relative to airport security within 90 days of employment. PC 13517 Child Abuse Or Neglect POST Course Title: "Child Abuse Investigation" VOLUNTARY *Investigation specialists. VOLUNTARY PC 831(c)/831.5(c) Custodial Officers REQUIRED *Custodial officer. REQUIRED Satisfactory completion of the training course as specified in Section 832 within 90 days of initial assignment to position. Must satisfactorily meet minimum selection & training standards prescribed by Board of Corrections pursuant to Section 6035 within 1 year following the date of initial assignment to that position. PC 629.94 Electronic Surveillance REQUIRED *Investigative or law enforcement officers; other persons as designated. REQUIRED Certification and Minimum standards as set by the AG. PC 13515.55 High Technology Crimes & Computer Seizure POST Course Title: "High Technology Crimes" SPECIAL REQUIREMENT *Every city police officer or deputy sheriff at a supervisory level. SPECIAL REQUIREMENT Every city police officer or deputy sheriff at a supervisory level assigned field or investigative duties, or within 18 months of assignment to supervisory duties. VC 40802 (c)(B) Laser Operator REQUIRED *Arresting officer. SPECIAL REQUIREMENT 2 hours (Pre-req: Radar Operator) B&P 25755(d) Drug Enforcement Narcotics Team (ABC) POST Course Titles: "Narcotics Investigation Course" "Narcotics Investigation Field Training Program" REQUIRED *Any agent assigned to the Drug Enforcement Narcotics Team. REQUIRED For ABC Four week course on narcotics enforcement VC 40802 (c)(A) Radar Operator REQUIRED *Arresting officer SPECIAL REQUIREMENT 24 hours PC 832.2 School Police Reserve Officer POST Course Title: "Campus Law Enforcement Course" REQUIRED *School police reserve officer. REQUIRED Completion of a course of training relating directly to the role of school police reserve officers within 2 years of appointment. PC 832.3(f) School Police Officer Employed by a K-12 public school district or California community college. REQUIRED *School police officer. REQUIRED Successful completion of a basic course of training before exercising powers of a peace officer; and successful completion of the specialized course of training within 2 years of the date of first employment (if employed after 7-1- 99). PC 832.3 (g)&(h) School Peace Officer POST Course Title: "Campus Law Enforcement Course" REQUIRED *School peace officer. REQUIRED Successful completion of a specialized course of training of school peace officers. PC 13516 Sexual Assault Investigative Procedures POST Course Title: "Sexual Assault Investigation" REQUIRED *Officers SPECIALIZED REQUIREMENT Successful completion of training within 6 months of assignment to investigation duties which include the handling of cases involving the sexual exploitation or sexual abuse of children. PC 832.3(a) Sheriff & Police Officer REQUIRED *Sheriff, undersheriff, or deputy sheriff of a county; any police officer of a city or district authorized by statute to maintain a police department; police chief. REQUIRED Successful completion of a course of training before exercising the powers of a peace officer. PC 831.4(c) Sheriff's Security Officers REQUIRED *Each sheriff's or police security officer. REQUIRED Satisfactory completion of the training course as specified in Section 832 prior to being assigned to perform their duties. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode= PEN §ionNum=832.3. https://post.ca.gov/specialized-training-requirements MANDATED REPORTER ACKNOWLEDGMENT CHILD ABUSE AND NEGLECT REPORTING ACT (PENAL CODE SECTION 11164 ET SEQ.) NAME JOB TITLE (please print) Please review the fallowing, sign the acknowledgment below. Section 11165.7 of the California Penal Code defines a "mandated reporter" to include the following individuals: Teachers; instructional aides; teacher's aides or assistants; classified employees of any public school; administrators of employees of a public or private organization whose duties require direct contact and supervision of children; Any employee of a county office of education or the State Department of Education, whose duties bring the employee into contact with children on a regular basis; licensees, administrators, or employees of licensed community care or child day care facilities; Headstart teachers; and social workers. Section 11166 of the California Penal Code states, in part: A mandated reporter steal I make a report to any police department or sheriff s department, county probation department, or the county welfare department, whenever the mandated reporter, in his or her professional capacity or within the scope of his or her employment, has knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. The mandated reporter shall make a report to the agency immediately or as soon as is practicably possible by telephone, and the mandated reporter shall prepare and send a written report thereof within 36 hours of receiving the information concerning the incident. Section 11166.05 of the California Penal Code states, in part: Any mandated reporter who has knowledge of or who reasonably suspects that mental suffering has been inflicted upon a child or that his or her emotional well-being is endangered in any other way may report the known or suspected instance of child abuse or neglect to any police department or sherififis department, county probation department, or the county welfare department. Section 11166.5 of the California Penal Code states, in part: On and after January 1, 1985, any mandated reporter as specified in Section 11165.7, with the exception of child visitation monitors, prior to commencing his or her employment, and as a prerequisite to that employment, shall sign a statement on a form provided to him or her by his or her employer to the effect that he or she has knowledge of the provisions of Section 11166 and will comply with those provisions. California Penal Code section 11172 provides that mandated reporters are IMMUNE FROM LIABILITY. California Penal Code section 11166(b) provides penalties for FAILURE TO REPORT as follows: Any mandated reporter who fails to report an incident of known or reasonably suspected child abuse or neglect as required by this section is guilty of a misdemeanor punishable by up to six months confinement in a county jail or by a fine of one thousand dollar ($1,000) or by both that fine and punishment. I have successfully completed Mandatory Reporter Training. EMPLOYEE'S NAME (please print) SIGNATURE DATE CONFIDENTIAL: Internal Use only. Signed form to be maintained as permanent record in the employee or H.R. training file NCSIG 712014 COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING The mission of the California Commission on Peace Officer Standards and Training is to continually enhance the professionalism of California law enforcement in serving its communities. �A \TE ©F July 11, 2002 Mr. Craig A. Durfey Parents for the Rights of Developmentally Disabled Children G'gLrFpRN\PP 9331 Cellini Avenue, #A Garden Grove, CA 92841 Gray Davis Dear Mr. Durfey: Governor Bill Lockyer As you will recall, in April of this year, POST completed a law enforcement Attorney General training curriculum on interacting and managing incidents involving persons with a mental or developmental disability (AB1718). This course was developed in conjunction with a multi -disciplinary committee of subject matter experts and community advocates. The committee of experts, including medical doctors, psychologists, and other professionals, considered an extensive amount of literature and training curricula on the subject, and determined what information should be included in the curriculum. Decisions were based upon the frequency of law enforcement contact and the potential risk to a citizen or officer. As a result of these efforts POST has made available to California law enforcement agencies the following disability -related training materials: ■ Eight -hour advanced officer training_ curriculum ■ Instructor training video ■ Law enforcement field guide ■ Pocket reference card: Common medications ■ Pocket reference card: Principles for communication ■ Video: Crime Victims With Disabilities In March 2002, you wrote the Commission requesting an expansion in the curriculum on the subject of autism and to develop other resources and services. You also formally presented your request and recommendations at the April 10 2002, POST Commission Meeting. As a result, we asked our Subject Matter Expert panel for their advise and to again review your request. Dr. Keram, an Assistant Clinical Professor for the University of California, San Francisco, responded after reviewing your concerns on the need to add to the curriculum. She has responded: 1601 Alhambra Blvd. • Sacramento, CA 95816-7083 • 916.227.3909 • 916.227.3895 fax 9 www.post.ca.gov Mr. Craig Durfey July 1, 2002 Page 2 The committee considered a large number of psychiatric and neurologic diagnosis. We were obviously unable to include all of them, and relied on the joint expertise of the multi -disciplinary committee members in deciding those that should be considered. We based our decision on the most common interactions first responders have with either mentally ill or developmentally disabled Californians as well as an analysis of encounters that were likely to be ol`high risk to a citizen or officer... The neurologist with whom I consulted did not feel that hypolonia met these criteria. POST is confident that the curriculum and materials developed in response to AB 1718 provide law enforcement with tools and strategies necessary to effectively intervene and safely manage encounters with people who are mentally or developmentally disabled. I appreciate your advocacy on behalf of persons who are developmentally disabled, and wish you success in your endeavors. Sincerely, Ray A. Bray Bureau Chief cc: Assemblyman Lou Correa LVIvaivai3muiN ViN rrALt Vrr1LtK a IANLIAKUb AN I KAININU The mission of the California Commission on Peace Officer Standards and Training is to continually enhance the professionalism of California law entorcement in serving its communities, March 13, 2002 ST AT E p/- Mr. Craig A. Durfey Parents for the Rights of Developmentally Disabled Children 9331 Cellini Avenue, #A C'� (lF04�N� '�' Garden Grove, CA 92841 Dear Mr. Durfey: Gray Davis Governor Your letter to CI7ailman William Kolender was referrer] to me for response. I would like to thank you for your comments regarding our publication entitled, "police Attorn y G Attorney General Response to People With Mental Illness and Developmental Disability." P p p y. This Field Guide was designed to support a classroom training course led by instructors with expertise in the area of developmental and mental disabilities. I appreciate your taking the time to thoroughly review the contents and to prepare a list of findings and recommendations for further consideration. In developing the course content, POST brought together a group of experts and tasked them with developing a curriculum that would give law enforcement tools to more effectively respond to persons with a developmental or mental disability. The committee gathered and evaluated a variety of resource materials and solicited insight from numerous professionals and advocates involved in existing training. The committee then reduced a voluminous amount of material to focus the content on what law enforcement needs to know to provide the highest level of service in the safest manner possible within a reasonable training period. As with all training, POST sets minimum standards and encourages instructors to enhance presentations with supplemental information and materials as appropriate. Your findings and recommendations are insightful and appreciated. 1 would like to take this opportunity to respond to your concerns. 1. Absence of a pocket card for autism_ It was not practical to create a pocket card for each disability since officers are limited in the number of cards they can carry in their pockets. This was one of the reasons for publishing the compact and utilitarian Field Guide. 2. Limited tactical methods re, hypotonia. The curriculum emphasizes communication techniques to de-escalate situations involving persons with mental and developmental disabilities and thereby allowing the person to calm down. There are many accompanying medical conditions that could be taught 1601 Alhambra Blvd. a Sacramento, CA 958W7083 - 916.227.3909 • 916.227.3895 fax • www.post.ca.gov Mr. Craig Durphey March 13, 2002 Page 2 in a section on disabilities; however, it would be difficult to include them all in this training. We relied on our panel of experts to prioritize the content in the context of application to the field. 3. National versus California statistic. The committee decided to use the statistic provided by the California State Council on Developmental Disabilities to highlight the increasing number of cases of autism for California law enforcement. 4. No public hearings. POST assembled a group of subject matter experts to develop curriculum content. This was the vehicle mandated by the Legislature and is consistent with th-., manner iri which POST c!evclops and updates la ., enforcement courses. 5. 1`nvolvernent in local grade school. POST supports community oriented policing and encourages law enforcement to learn about the people, problems, and resources in the community. Schools and the Department of Education are identified as a potential resource for law enforcement through an instructor led discussion of state and local resources. 6. Resources beyond the Field Guide. Instructors of the course provide students with a list of local and state resources and related websites for further reference. It is beyond the scope of the Commission's mandate to establish a disability resource database, although the State library system may be a more appropriate vehicle for this project. U. 7. Expansion of POST training. Although we appreciate your confidence in POST training, the mission of POST, and the mandate of AB 1718 are to provide training to law enforcement in California. To expand this training is beyond the scope of the Commission on POST. Pursuant to your request, I would like to invite you to appear at the Commission meeting at 10.00 a.m. on April 10, 2002 in Culver City at the Ramada Plaza, 6333 Bristol Parkway (3 t 0) 484-7011. You will be scheduled to provide a three minute presentation to the Commission under the new business agenda. Should you have additional questions, please contact me at (916) 227-4892. Sincerely, Y A. BRAY Bureau Chief Training Program Services Pool p jarents for the (tights ;of Developmentally Disabled Child n (PRDDC) 9331 Celiinl Ave #Ai* Garden Grove, CA 92641 (714) 539-4957 • Cell 714343-0695 CralgD39764ao1-com Cram A. Du fey, Founder • Al Snook, Advisor July 21, 2002 State Senator Joseph 12397 Lewis St, Ste 103, Zip 92840. r Ph 714-705-15SOP Fax 714-705-1586 Dear Joseph: Requesting for an appointment to meet with in your office for legislation issues. As you already know me best, my goal is to have children be protected from situation whhere.training hasn't caught up with the needs of children who have Disabilities_ I believe good legislation can and will prevent many tragedy of children becuse of many professionals who lack continued education in their field such as autism. Legislation: (1) Make mandatory AB 1718 year 1999-2000 advance peace office training; many law enforcement agencies haven't taken this seriously. I have great difficulty with ( POST) Police officer Standards of Training under Penal code section 13515.25 intent s of having input. We need to improve information on Autism; they won't insert a busine� card describing autism in the training manual. They al so won't add information about a medical condition of children and adults who my have Hypotonia or hypertonia which can lead to Asphyxiation due to placing someone in a prone position or a prone restraint_ We need to expand the POST committee to include a broader range of input of the concerns of parents, as of now (POST) will continue to hide from any changes. We also need a requirement of police agency to inform their community that they can part take in the training of those who have Developmentally Disabilities or mental illness, with complaint form when police agency ignoring individuals who have concerns with no action taken to change training. A report has been done by the Protection & Advocacy, Inc investigation unit April 2002 Ph 800-776-5746 Publication # 7018.01 on the lethal hazard of prone restraint and positional asphyxiation where polite officer training manual is wrong. training for children under age 5, that children are more successful and don't have as many needs of the community. We need to get' better training for professionals — not over medicating our young children. 2. PROTECTING CHILDREN FROM THE OVER -USE OF`MEDICATION a) BILL #HF 478, Minnesota The over -medication of our children by teachers and other such unqualified professionals, has become such a problem that, in fact, five U.S. states, one being Minnesota, have had to pass legislation to protect the over -use of medication by teachers. BILL #HF 478 prevents teachers from imposing medication on children and from enfrcing parents to do so, which protects children and their families fr6m such abuse by untrained professionals. b) LOSS OF PARENTAL RIGHTS During the testimony of the President of Special Education Commission that I attended, one of the experts recommended that we not continue with allowing parents the right to have recourse going back to a three-year assessment, limiting it to only one year to save money and attorney fees. However, because of the overwhelming tasks and responsibilities of parents to provide every opportunity in giving their child the best education possible, they run into resistance from school administration. These parents find it very difficult to understand the Terminology and this creates more stress on parents who lack the funds ts) hire all the experts required to challenge the school's opinion, especially since there is only a limited amount of attorneys in the field of special Education practice of law. 3, AUTISM --UP TO 1 IN 250 CHILDREN BORN IN THE:U.S. a) AUTISM IS A NATIONAL HEALTH CRISIS According to the National Statistics, the Departmont of Education has recently reported a continued surge in developmental disabilities, especially Autism, which is now up to 1 in 250, from l in 500 children born in United States. Many children also suffer from mental illness, as reported by the U.S. Surgeon General, that 1 child in' 10 has some form of mental illness, some children having a dual diagnose of leaving, as example, Autism with Bipolar Disorder. Page 3 of 6 developmentally disabled child's special needs, which has shown to have 4. direct impact on marriages, including a high divorce rate, which in turn has a devastating effort on the health of the disabled child. Compounding things further, many professions such as teachers, social service workers, doctors, psychologists, District Attorneys, the judicial system and courts lack the necessary education or training in this area, this even includes the Legislative Analyst that advises our Representatives. We are asking for a congressional hearing, government reform for federal health agencies, or the Department of Human Health Services, Tommy Thomas Secretary of Health to target these areas to expose the deficiencies, the weakness of our policy, and direct our efforts to impact our nation. We would like to come and speak to help ensure protection of civil': rights for children, and parents and families of children with have developmental disabilities. NO CHILD LEFT BEHIND t L OVER -MEDICATING CHILDREN 1, POWER IN THE HANDS OF UNQUALIFIED PROFESSIONALS The research has shown that compared with other world countries, the United States uses more medication on children than anywhere else, especially Ritalin. Many children in our society are over -medicated due to the efforts of teachers, social services, and judicial systems; such individuals being unqualified to recommend such drug use. These professionals impose their will to remedy a child's behavior by medicating children that don't sit stir; these children are targets for the unqualified professionals. For example, a.teacher who cannot control the behavior of a child and who lacks the necessary nowledge makes an unqualified judgment and determines the cause of the behavior being due to "neglect." The teacher, claiming to profess medical knowledge as to what is best for the child and the parents, feels obligated to call social svices to recommend that they enforce medicating the child in the "interested of the welfare of the child's education." The parents, who are not professionals' themselves and who cannot afford to put up a fight, end up losing the battle, giving in reluctantly to the teacher's authority. .And currently, in most states, teachers have the power to do so. Parents who do not want their child unnecessarily medicated find that when they try to oppose the school, they usually cannot compete with the time and legal costs required in such a fight, thus they loose their parental rights and must succumb to the untrained "professional's" recommendation of unnecessary drug use. Many times children who are in the care of a local;county facility face overmedication. I have heard children who told me, in front of others, of the horror stories with heavy meds which they said they didn't need. Drugs are not the answer. The neurons in a brain of child under five are not fully connected. It has been shown that in appropriate :behavior modification Page 2 of 6 provide uninformed coverage to better promote early intervention which will include the following: 1. Providing tools or incentives to promote a greater interest of college students to go into the fields of professions that are directed in handling the growing surge of children With developmental disabilities. 2. Provide grants to schools which would requirecontinued training for staff as part of early intervention program. 3. Promote PSA in awareness of early intervention through means of cable, Internet, schools, and libraries that wolald provide parents tools to early recognize their child's needs. 4. Educate the legislative analyst or policy makers about the flowing change of needs by introducing legislation ar d passing laws that promote early intervention, promote strengthening family unity with services, and financial support. This would help reduce marital abuse, child abuse, and help promote family unity. 5. Increase protection of civil rights of the developmentally disabled and mentally ill with greater enforcement through training of law enforcement, D.A., and jails, about the rights.of those whose IQ is below 70, which causes individual being wrOngly convicted of a crime of which he or she hadn't committed because of a lack of protection where their civil rights were violated. 6. Promote grants for police, fire, social service, D.A., and other professionals to address the continual changes with training as we seek solutions to the cause of disabilities suchas Autism. 7_ Require training standards to be increased for those professionals who are responsible for diagnosing the development of a child's needs, especially with early intervention. The cornerstone of the administration of the President of the United States is early intervention of children under age five. There is also Prop 10, Early Intervention for Medical Needs of Children Under the Age of Five, Rob Riener. We need to start assess}ng children's medical conditions, getting appropriate services needed to get children on the right track. The problem we have is we are not plugged in with the universities and do not have professional standards in continuous education for our professionals. In conclusion, we cannot ignore the epidemic, or write off those who don't fit the cookie -cut model of society standards that "one fits all." Since for some reasoo., be it environmental Page 5 of 6 b) PERSONAL EXPERIENCE As a Father of three boys, ages ranging from 12 to 17 years old, two with developmental disabilities; one with Autism, and cane with Attention Deficit Disorder (ADHD), I have had the opportunity to experience firsthand some of the good and short comings of professionals who claim to have expertise in child development, especially Autism. Learning from experience, by helping write California Legislation for Peace Officer First Responder in how better handle: those with Mental Illness or a Developmental Disability such as Autism, I also found the weak points among various levels of our society to be government to the professional analysts that make up policy. The Bill ALB 1718, 1999-2000, was one of the first bills directly protecting individuals with developmental disabilities in the United States to pass., We suffer from a culture shock, an undercurrent unnoticed by many which has been lagging behind the needs of children who suffer because University, Educator, National Association, have become too complacent with no foresight as to the real cost to our nation ar the moral, ethical perspective; as such, those who are professionals look at this differently and let's say with a different mission. If these two groups were provided some form of incentive to collectively harness their energy by making recommendations for setting policy which could affect the State and Federal policy in developing legislation toaddress the needs of professional standards in updated training requirements. These incentives could also be applied at the University level in providing curriculums that meet the needs of special needs at a greater rate wiith'graduates also being given incentives to stay in the professions needed, such as Autism intervention. 4. CURRENT COST VS. PREVENTION Recently I attended the President of the United States Commission for Special Education hearings in Los Angeles regarding funding ?:issues. I had the opportunity speak to some of the Commissioners about why we face the high cost of education, and provided some realistic answers as to hovw we could lower the cost of educating those who could be reached early with intervention. a) EARLY INTERVENTION We cannot ignore or pass on the responsibility to others or various government agencies during the development in the child's growing years because of cost. We must seek policy that promotos higher standards in education of professionals, a continued diet of training which would Page 4 of 6 conditions for the increase of developmentally disabilities, maybe it created ALI higher number of mutated genes, or was caused by the increasing of booster shots at a early ae, this higher rate that once before hadn't appeared at a epidemic rate, is now increasing. We will still be left in the dark until scientists can find a solution for the various causes of different 4isabilities, but the cookie -cutter approach cannot, or will not, be the acceptable practice Of educating all our children. We need to strive for excellence for all and we have to all work together to help those who need the extra boost, so they can feel good about themselves and be able to have control of their surroundings, and not be or feel unwanted in life. No child should be left behind. Focus and tare the key points of where we are in the shape our country in terms of our legislation and impact at the bottom, the foundation, so the success will be concluded. However we are being misguided or misdirected, because we're doing everything at tl top here (which is speaking and rallying), but we are not getting to the effect because we don't have policy the focus of the creeds. We need to do more in the judicial area in educating our professionals. Thank You, Craig A. Dude Founder of PR.DDC Sources: National Academy of Sciences FEAT Organization Dennis Debbaudt, Autism, Advocates and Law Enforcement Professionals U.S. Surgeon General Statistics Department of Education National Statistics Bills and Le islature. I- Sill 14R 4365, passed in I Oe Congress, Children's Health Act 2000 2. Bill HR 191, passed 106t' Congress - Teacher Awareness for Mental Illness 3 _ Bill BF 478, Minnesota —Protecting Children From the Over -use of Medication By Teachers 4. Bill AB 1718, passed 2000, Peace Officer First Responder —Peace Officer Standards and Training Relating to Developmentally Disabled and Mentally Ill Persons. 5. Prop IO—Early Intervention for Medical Needs of Children Under the Age of Five, Rob Riener 6. S65 Internship Fund Training for Social Workers All rights reserved, 0 2002 PRDDC, Craig A- Durfey No part of this may be reproduced or transmitted in any form by any means graphic, electronic, or mechanical, including photocopying, recording, or Taping without crediting this source and copyright. Page 6 of 6 CITY f t N G POLICE DEPARTMENT 1313 California Street, Redding, CA 96001-3396 530.225.4200 FAX 530.225,4553 September 12, 2001 Mr, Craig Durfey 9331 Cellini Avenue #A Garden Grove, CA 92841 Dear Mr. Durtey: This letter is to follow up on our recent phone conversation in which you requested legislative support from Chief Blankenship for Developmental Disabilities Training for First Responders. I discussed your request with Chief Blankenship and he wishes you to write a request to the California Police Chiefs Association at the following address: Califomia Police Chiefs Association 1455 Response Road, Suite 190 Sacramento, CA 95815 Chief Blankenship will follow-up on your request with the Board and if support is granted you will be contacted by mail. I thank you for your recent fax giving information about the book on Autism, and thank you for being an advocate and supporter of developmental disabilities issues. 2 Sgt. Dan Kupsky, Training Sergeant Redding Police Department 1313 California Street Redding, CA 96001 PH: 530 - 225-4290 FAX: 530 - 225-4568 DKtjp Oft ojpt� $fT I'l ist1w OD z x. LAJ bip � o - s § � @ - � ; — OL> 6. S � 4- § E CL 0 e $ 0 < co (n 7 � e § L) O -E < > <CJ c 2 ��� �fn .7 2 E L) § S T" -0 q �C�q(D $ Theresa Bass From: durfeycraig778@gmail.com Sent: Thursday, January 12, 2023 5:15 PM To: ABC7 General Release; KTLA 5 News; "'TIPS@NBCUNI.COM"'; CBS 2 Cc: durfeycraig778@gmail.com; cadurfey@gmail.com Subject: FW: AB 21, as introduced, Gipson. Peace officers: training. Attachments: AB-1718 Peace officers advanced training mental illness.pdf, AB 21, as introduced, Gipson. Peace officers training..pdf TO WHOM IT MAY CONCERN. From: durfeycraig778@gmail.com <durfeycraig778@gmail.com> Sent: Thursday, January 12, 2023 2:33 PM To: mary.ken nedy@sen.ca.gov; alex.barnett@sen.ca.gov; stella.choe@sen.ca.gov; stephanie.jordan@sen.ca.gov; sarah.loftin@sen.ca.gov; jarad.hollingshead@sen.ca.gov Cc: durfeycraig778@gmail.com; cadurfey@gmail.com Subject: AB 21, as introduced, Gipson. Peace officers: training. 02-12-2023 (P.R.D.D.C.) PARENTS FOR THE RIGHTS OF DEVELOPMENTALLY DISABLED CHILDREN CRAIG A. DURFEY FOUNDER OF P.R.D.D.C. P.O.BOX 937 GARDEN GROVE, CA 92842 CELL 714-321-8238 CADURFEY@GMAIL.COM SOCIALEMOTIONALPAWS.COM FACEBOOK: CRAIG DURFEY U.S. F 404 - HONORING 0IIR IIII Illm'III IIII' IIIFIIIEY IF IS FIGHT AGAINST AUTISM ... Ms. L0110ETTA S&IM01HEZ of Callilfornila. https://www.govinfo.gov/content/pkq/CREC-2003-03-27/pdf/CREC-2003-03-27.pdf new website s i e i s® r_ To whom it may concern. Request amending CA State AB 21 to include language to address training social media, gaming ,Esports as Child Abuse, SCR 73 Blue Light 2019 as physical harm to causing eye myopia to sleep deprivation mental illness. Include CA State code penal 11165.7 first responder child abuse reporters training with social media. To amendment require local agency to require community meetings to address concerns with disabilities, social media, mental wellness ect. To amendment to include Strategies For Youth , PTB training practice skills for working with youth IIN t s-// iir giiesfoii llfm, iirq/ Ill out/. Brain on Video Games I Psychology Today Ilfmt.,//..............................._,cllfmolo9t................y.,,ii........: > mental -wealth > is... Sep 25, 2016 — Playing video games mimics the kinds of sensory assaults humans are programmed to associate with danger. When the brain senses danger, primitive ... Video Game Addiction I Psychology Today Ilfmt.,//..............................._,cllfmolo9t................y.,,ii........: > basics > video-ga... According to that guide, gaming disorder is marked by "impaired control" over gaming, which leads to it taking priority over other interests and activities. The ... The Health Repercussions of Gaming Disorder Ilhmt.,//..............................._,cllhmolo9t................y.,,ii........: > blog > the-health-r... Aug 19, 2021 — Gaming disorder can have serious consequences in crucial areas of health. Sense and Nonsense About Video Game Addiction Ilhmt.,//..............................._,cllhmolo9t................y.,,ii........: > freedom -learn > se... Mar 11, 2018 — What are the actual effects of video gaming on the brain? ... Risk: Risks loss of significant relationships or employment because of games. Just How Bad Is "Gaming Addiction"? I Psychology Today Ilhmt.,//..............................._,cllhmolo9t................y.,,ii........: > blog > just-how-b... Sep 6, 2021 — Indeed, gaming activates the reward system in the brain causing a release of dopamine and other neurotransmitters implicated in reward. Psychological Fallout of Gaming Fixation in Youth Ilfmt.,//..............................._,cllfmolo9t................y.,,ii........: > blog > and -running Feb 11, 2021 — Given the ubiquitous and intense nature of gaming in today's youth culture, children referred for moodiness, anxiety, oppositional and defiant ... https:/fstrotegi 5foryouth.or�t � services � �rtb-troirrin Policing the Teen Brain TM (PTB) is a training program that provides officers with the information and skills they need to effectively interact with youth. �11p.!gg.i.gs fol Y.2.ul h.. h1tp—s:Z-1—stro teaif sLon—o —ut—h--o-r-q 0 Training to Avoid Tragedy ... Strategies For Youth provides trainings foryouth to learn about the Jaw,... What OFFICERS Say About PTB training. .C.2 mP.!.g!g List of Trag� CaISAC ..... ..... ......... .. ......................................................................... ....................................................... .......... h.Lt.ps_.11www. colsoc. orq >...c.o.Mp - --troinings lglLlisl QL --- — This training will give participants an understanding of the importance of working with children/youth to develop interpersonal skills, social awareness and ... Missing: ptb I Must include: ptb Thank You Craig A Durfey ' su.rrr a of &itfurntit Tmmty Of Mrangle Chambers of PAMELA L. ILES JUDGE September 21, 2001 To Whom It May Concern: HARBOR JUSTICE CENTER 30143 CROWN VALLEY PARKWAY LAGUNA NIGUEL, CA 92677-2089 PHONE! (949) 249&53 FAX (949) 249.5174 Re, Penal Code Section 13515,25 Developmentally disabled and mentally ill persons; law enforcement Interaction; training course, This letter is written in support of funding for law enforcement training Under P.C. §13515.25. I am asking that the following be included in this training: recognition of autism in developmentally disabled children; parent training for early intervention resources to prevent the abuse of these children; and support of families coping with this devastating illness. If we implement such training, we can predict that violence and accidental deaths arising out of conflicts with these afflicted individuals will decrease sharply. We should deal with the illness in the same context that we would any illness and address its often irrational behaviors with a rational informed professional response. ;P:A� MEL�LIL�CS� Superior Court Judge P'AW PST S V C M LE &L .11.,. V 13518. w" I>< Pd WdT�':60 TOOE 90 ':�Op EBZb6E5#TZ : 'ON Xtij Ra f,ina 51eiD : wmI The Child Abuse Prevention and Treatment Act Including the Substance Use -Disorder Prevention That Promotes Opioid Recovery and Treatment for Patients and Communities Act SERVICES ZjsN N W x 0 �M U.S. Department of Health and Human Services Administration for Children and Families Administration on Children, Youth and Families Children's Bureau DRAFT — The Child Abuse Prevention and Treatment Act (CAPTA) with amendments made by the Substance Use — Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities Act or the SUPPORT for Patients and Communities Act, Public Law (P.L.) 115-271, enacted October 24, 2018. Section 7065(a) of P.L. 115-271 amended section 105 of CAPTA and section 7065(b) repealed the Abandoned Infants Assistance Act of 1988 (42 U.S.C. 5117aa et seq.). DISCLAIMER: Please consult the U.S. Code for official or legal citations. This document was prepared by Children's Bureau staff and may not be cited as an authoritative source. Child Abuse Prevention and Treatment Act Table of Contents' SECTION I: CHILD ABUSE PREVENTION AND TREATMENT ACT .... 2 Sec. 2. CONGRESSIONAL FINDINGS. [42 U.S.C. 5101, Note] ......................................... 2 Sec. 3. GENERAL DEFINITIONS [42 U.S.C. 5101, Note] .................................................. 4 Title I — GENERAL PROGRAM..................................................................................................5 Sec. 101. OFFICE ON CHILD ABUSE AND NEGLECT. [42 U.S.C. 5101]....................... 5 Sec. 102. ADVISORY BOARD ON CHILD ABUSE AND NEGLECT. [42 U.S.C. 5102].5 Sec. 103. NATIONAL CLEARINGHOUSE FOR INFORMATION RELATING TO CHILDABUSE. [42 U.S.C. 5104]......................................................................................... 6 Sec. 104. RESEARCH AND ASSISTANCE ACTIVITIES AND DEMONSTRATIONS. [42 U.S.C. 5105]..................................................................................................................... 8 Sec. 105. GRANTS TO STATES, INDIAN TRIBES OR TRIBAL ORGANIZATIONS, AND PUBLIC OR PRIVATE AGENCIES AND ORGANIZATIONS. [42 U.S.C. 5106]. 13 SEC. 106. GRANTS TO STATES FOR CHILD ABUSE OR NEGLECT PREVENTION AND TREATMENT PROGRAMS. [42 U.S.C. 5106a]...................................................... 23 Sec. 107. GRANTS TO STATES FOR PROGRAMS RELATING TO INVESTIGATION AND PROSECUTION OF CHILD ABUSE AND NEGLECT CASES. [42 U.S.C. 5106c] ............................................................................................................................................... 35 Sec. 108. MISCELLANEOUS REQUIREMENTS RELATING TO ASSISTANCE. [42 U.S.C. 5106d]....................................................................................................................... 38 Sec. 109. COORDINATION OF CHILD ABUSE AND NEGLECT PROGRAMS [42 U.S.C. 5106e]........................................................................................................................ 38 Sec. 110. REPORTS. [42 U.S.C. 5106f].............................................................................. 39 Sec. 111. DEFINITIONS. [42 US.C. 5106g]....................................................................... 40 Sec. 112. AUTHORIZATION OF APPROPRIATIONS. [42 U.S.C. 5106h]...................... 41 Sec. 113. RULE OF CONSTRUCTION. [42 U.S.C. 5106i]................................................ 41 Sec. 114. MONITORING AND OVERSIGHT. [42 U.S.C. 5108]..............................42 ' Section III, the Abandoned Infants Assistance Act, was repealed by sec. 7065(b) of P.L. 115-271. TITLE II —COMMUNITY -BASED GRANTS FOR THE PREVENTION OF CHILD ABUSE ANDNEGLECT.........................................................................................................................42 Sec. 201. PURPOSE AND AUTHORITY. [42 U.S.C. 5116].............................................. 42 Sec. 202. ELIGIBILITY. [42 U.S.C. 5116a]........................................................................ 43 Sec. 203. AMOUNT OF GRANT. [42 U.S.C. 5116b]......................................................... 45 Sec. 204. APPLICATION. [42 U.S.C. 5116d]..................................................................... 46 Sec. 205. LOCAL PROGRAM REQUIREMENTS. [42 U.S.C. 5116e] ............................. 47 Sec. 206. PERFORMANCE MEASURES. [42 U.S.C. 5116f]............................................ 48 Sec. 207. NATIONAL NETWORK FOR COMMUNITY -BASED FAMILY RESOURCE PROGRAMS. [42 U.S.C. 5116g]......................................................................................... 49 Sec. 208. DEFINITIONS. [42 U.S.C. 5116h]...................................................................... 49 Sec. 209. AUTHORIZATION OF APPROPRIATIONS. [42 U.S.C. 5116i] ...................... 50 SECTION II: ADOPTION OPPORTUNITIES ................................... 50 Sec. 201. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE. [42 U.S.C. 5111]......................................................................................................................... 50 Sec. 203. INFORMATION AND SERVICES. [42 U.S.C. 5113]........................................ 52 Sec. 204. STUDY AND REPORT OF UNLICENSED OR UNREGULATED ADOPTION PLACEMENTS. [42 U.S.C. 5114]....................................................................................... 56 Sec. 205. AUTHORIZATION OF APPROPRIATIONS. [42 U.S.C. 5115]........................ 57 SECTION I: CHILD ABUSE PREVENTION AND TREATMENT ACT Sec. 2. CONGRESSIONAL FINDINGS. [42 U.S.C. 5101, Note] Congress finds that- 1. in fiscal year 2008, approximately 772,000 children were found by States to be victims of child abuse and neglect; 2. 3. A. more children suffer neglect than any other form of maltreatment and close to 1/3 of all child maltreatment -related fatalities in fiscal year 2008 were attributed to neglect alone; and B. investigations have determined that approximately 71 percent of children who were victims of maltreatment in fiscal year 2008 suffered neglect, 16 percent suffered physical abuse, 9 percent suffered sexual abuse, 7 percent suffered psychological maltreatment, 2 percent experienced medical neglect, and 9 percent were victims of other forms of maltreatment; A. child abuse or neglect can result in the death of a child; 0 B. in fiscal year 2008, an estimated 1,740 children were counted by child protection services to have died as a result of abuse and neglect; and C. in fiscal year 2008, children younger than 1 year old comprised 45 percent of child maltreatment fatalities and 72 percent of child maltreatment fatalities were younger than 4 years of age; 4. A. many of these children and their families fail to receive adequate protection and treatment; and B. approximately 37 percent of victims of child abuse did not receive post - investigation services in fiscal year 2008; 5. African -American children, American Indian children, Alaska native children, and children of multiple races and ethnicities experience the highest rates of child abuse or neglect; 6. the problem of child abuse and neglect requires a comprehensive approach that — A. integrates the work of social service, legal, health, mental health, domestic violence services, education, and substance abuse agencies and community -based organizations; B. strengthens coordination among all levels of government, and with private agencies, civic, religious, and professional organizations, and individual volunteers; C. emphasizes the need for abuse and neglect prevention, assessment, investigation, and treatment at the neighborhood level; D. recognizes the need for properly trained staff with the qualifications needed to carry out their child protection duties; and E. recognizes the diversity of ethnic, cultural, and religious beliefs and traditions that may impact child rearing patterns, while not allowing the differences in those beliefs and traditions to enable abuse or neglect; 7. the failure to coordinate and comprehensively prevent and treat child abuse and neglect threatens the futures of thousands of children and results in a cost to the Nation of billions of dollars in tangible expenditures, as well as significant intangible costs; 8. all elements of American society have a shared responsibility in responding to child abuse and neglect; 9. substantial reductions in the prevalence and incidence of child abuse and neglect and the alleviation of its consequences are matters of the highest national priority; 10. national policy should strengthen families to prevent child abuse and neglect, provide support for needed services to prevent the unnecessary removal of children from families, and promote the reunification of families where appropriate; 11. the child protection system should be comprehensive, child -centered, family -focused, and community -based, should incorporate all appropriate measures to prevent the occurrence or recurrence of child abuse and neglect, and should promote physical and psychological recovery and social re -integration in an environment that fosters the health, safety, self- respect, and dignity of the child; 12. because both child maltreatment and domestic violence occur in up to 60 percent of the families in which either is present, States and communities should adopt assessments and intervention procedures aimed at enhancing the safety both of children and victims of domestic violence; 13. because of the limited resources available in low-income communities, Federal aid for the child protection system should be distributed with due regard to the relative financial need of the communities; 14. the Federal Government should assist States and communities with the fiscal, human, and technical resources necessary to develop and implement a successful and comprehensive child and family protection strategy; and 15. the Federal Government should provide leadership and assist communities in their child and family protection efforts by — A. promoting coordinated planning among all levels of government; B. generating and sharing knowledge relevant to child and family protection, including the development of models for service delivery; C. strengthening the capacity of States to assist communities; D. allocating financial resources to assist States in implementing community plans; E. helping communities to carry out their child and family protection plans by promoting the competence of professional, paraprofessional, and volunteer resources; and F. providing leadership to end the abuse and neglect of the nation's children and youth. Sec. 3. GENERAL DEFINITIONS. [42 U.S.C. 5101, Note] In this Act 1. the term `child' means a person who has not attained the lesser of — A. the age of 18; or B. except in the case of sexual abuse, the age specified by the child protection law of the State in which the child resides; 2. the term `child abuse and neglect' means, at a minimum, any recent act or failure to act on the part of a parent or caretaker, which results in death, serious physical or emotional harm, sexual abuse or exploitation (including sexual abuse as determined under section 111), or an act or failure to act which presents an imminent risk of serious harm; 3. the term `child with a disability' means a child with a disability as defined in section 602 of the Individuals with Disabilities Education Act (2024 U.S.C. 1401), or an infant or toddler with a disability as defined in section 632 of such Act (202 U.S.C. 1432); 4. the term `Governor' means the chief executive officer of a State; 5. the terms `Indian', `Indian tribe', and `tribal organization' have the meanings given the terms in section 4 of the Indian Self -Determination and Education Assistance Act (25 U.S.C. 450b); 6. the term `Secretary' means the Secretary of Health and Human Services; 7. except as provided in section 106(f), the term `State' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands; and 8. the term `unaccompanied homeless youth' means an individual who is described in paragraphs (2) and (6) of section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a). 19 Title I — GENERAL PROGRAM Sec. 101. OFFICE ON CHILD ABUSE AND NEGLECT. [42 U.S.C. 51011 a. ESTABLISHMENT. —The Secretary of Health and Human Services may establish an office to be known as the Office on Child Abuse and Neglect. b. PURPOSE. —The purpose of the Office established under subsection (a) of this section shall be to execute and coordinate the functions and activities of this Act. In the event that such functions and activities are performed by another entity or entities within the Department of Health and Human Services, the Secretary shall ensure that such functions and activities are executed with the necessary expertise and in a fully coordinated manner involving regular intradepartmental and interdepartmental consultation with all agencies involved in child abuse and neglect activities. Sec. 102. ADVISORY BOARD ON CHILD ABUSE AND NEGLECT. [42 U.S.C. 5102] a. APPOINTMENT. —The Secretary may appoint an advisory board to make recommendations to the Secretary and to the appropriate committees of Congress concerning specific issues relating to child abuse and neglect. b. SOLICITATION OF NOMINATIONS. —The Secretary shall publish a notice in the Federal Register soliciting nominations for the appointment of members of the advisory board under subsection (a). c. COMPOSITION. —In establishing the board under subsection (a), the Secretary shall appoint members from the general public who are individuals knowledgeable in child abuse and neglect prevention, intervention, treatment, or research, and with due consideration to representation of ethnic or racial minorities and diverse geographic areas, and who represent — I. law (including the judiciary); 2. psychology (including child development); 3. social services (including child protective services); 4. health care providers (including pediatricians) 5. State and local government; 6. organizations providing services to disabled persons; 7. organizations providing services to adolescents; 8. teachers; 9. parent self-help organizations; 10. parents' groups; 11. voluntary groups; 12. family rights groups; 13. children's rights advocates; and 14. Indian tribes or tribal organizations. d. VACANCIES. —Any vacancy in the membership of the board shall be filled in the same manner in which the original appointment was made. e. ELECTION OF OFFICERS. —The board shall elect a chairperson and vice -chairperson at its first meeting from among the members of the board. f. DUTIES. Not later than 1 year after the establishment of the board under subsection (a), the board shall submit to the Secretary and the appropriate committees of Congress a report, or interim report, containing- 1. recommendations on coordinating Federal, State, tribal, and local child abuse and neglect activities with similar activities at the Federal, State, tribal, and local level pertaining to family violence prevention; 2. specific modifications needed in Federal, State, and tribal laws and programs to reduce the number of unfounded or unsubstantiated reports of child abuse or neglect while enhancing the ability to identify and substantiate legitimate cases of child abuse or neglect which place a child in danger; and recommendations for modifications needed to facilitate coordinated national data collection with respect to child protection and child welfare. Sec. 103. NATIONAL CLEARINGHOUSE FOR INFORMATION RELATING TO CHILD ABUSE. [42 U.S.C. 51041 a. ESTABLISHMENT. —The Secretary shall through the Department, or by one or more contracts of not less than 3 years duration let through a competition, establish a national clearinghouse for information relating to child abuse and neglect. b. FUNCTIONS. —The Secretary shall, through the clearinghouse established by subsection (a)- 1. maintain, coordinate, and disseminate information on effective programs, including private and community -based programs, that have demonstrated success with respect to the prevention, assessment, identification, and treatment of child abuse or neglect and hold the potential for broad scale implementation and replication; 2. maintain, coordinate, and disseminate information on the medical diagnosis and treatment of child abuse and neglect; 3. maintain and disseminate information on best practices related to differential response; 4. maintain and disseminate information about best practices used for achieving improvements in child protective systems; 5. maintain and disseminate information about the requirements of section 106(b)(2)(B)(iii) and best practices relating to the development of plans of safe care as described in such section for infants born and identified as being affected by substance abuse or withdrawal symptoms, or a Fetal Alcohol Spectrum Disorder; 6. maintain and disseminate information relating to A. the incidence of cases of child abuse and neglect in the United States; B. the incidence of such cases in populations determined by the Secretary under section 105(a)(1) of the Child Abuse Prevention, Adoption, and Family Services Act of 1988 (42 U.S.C. 5105 note); and C. the incidence of any such cases related to substance abuse; 7. provide technical assistance upon request that may include an evaluation or identification of- 3 A. various methods and procedures for the investigation, assessment, and prosecution of child physical and sexual abuse cases; B. ways to mitigate psychological trauma to the child victim; and C. effective programs carried out by the States under this Act; collect and disseminate information relating to various training resources available at the State and local level to — A. individuals who are engaged, or who intend to engage, in the prevention, identification, and treatment of child abuse and neglect; and B. appropriate State and local officials to assist in training law enforcement, legal, judicial, mental health, education, child welfare, substance abuse treatment services, and domestic violence personnel and; C. collect and disseminate information, in conjunction with the National Resource Centers authorized in section 310(b) of the Family Violence Prevention and Services Act, on effective programs and best practices for developing and carrying out collaboration between entities providing child protective services and entities providing domestic violence services. 9. collect and disseminate information, in conjunction with the National Resource Centers authorized in section 310(b) of the Family Violence Prevention and Services Act, on effective programs and best practices for developing and carrying out collaboration between entities providing child protective services and entities providing domestic violence services. COORDINATION WITH AVAILABLE RESOURCES.- 1. IN GENERAL.In establishing a national clearinghouse as required by subsection (a), the Secretary shall — A. consult with other Federal agencies that operate similar clearinghouses; B. consult with the head of each agency involved with child abuse and neglect on the development of the components for information collection and management of such clearinghouse and on the mechanisms for the sharing of such information with other Federal agencies and clearinghouses; C. develop a Federal data system involving the elements under subsection (b) which, to the extent practicable, coordinates existing Federal, State, tribal, regional, and local child welfare data systems which shall include i. standardized data on false, unfounded, unsubstantiated, and substantiated reports; ii. information on the number of deaths due to child abuse and neglect; iii. information about the incidence and characteristics of child abuse and neglect in circumstances in which domestic violence is present; and iv. information about the incidence and characteristics of child abuse and neglect in cases related to substance abuse; D. through a national data collection and analysis program and in consultation with appropriate State and local agencies and experts in the field, collect, compile, and make available State child abuse and neglect reporting information which, to the extent practical, shall be universal and 7 case specific and integrated with other case -based foster care and adoption data collected by the Secretary; E. compile, analyze, and publish a summary of the research conducted under section 104(a); F. collect and disseminate information that describes best practices being used throughout the Nation for making appropriate referrals related to, and addressing, the physical, developmental, and mental health needs of victims of child abuse or neglect; and G. solicit public comment on the components of such clearinghouse. 2. CONFIDENTIALITY REQUIREMENT. —In carrying out paragraph (1)(D), the Secretary shall ensure that methods are established and implemented to preserve the confidentiality of records relating to case specific data. Sec. 104. RESEARCH AND ASSISTANCE ACTIVITIES AND DEMONSTRATIONS. [42 U.S.C. 51051 a. RESEARCH.- 1. TOPICS. —The Secretary shall, in consultation with other Federal agencies and recognized experts in the field, carry out a continuing interdisciplinary program of research, including longitudinal research, that is designed to provide information needed to better protect children from child abuse or neglect and to improve the well-being of victims of child abuse or neglect, with at least a portion of such research being field initiated. Such research program may focus on — A. the nature and scope of child abuse and neglect; B. causes, prevention, assessment, identification, treatment, cultural and socio-economic distinctions, and the consequences of child abuse and neglect, including the effects of child abuse and neglect on a child's development and the identification of successful early intervention services or other services that are needed; C. effective approaches to improving the relationship and attachment of infants and toddlers who experience child abuse or neglect with their parents or primary caregivers in circumstances where reunification is appropriate; D. appropriate, effective and culturally sensitive investigative, administrative, and judicial systems, including multidisciplinary, coordinated decision making procedures with respect to cases of child abuse and neglect; E. the evaluation and dissemination of best practices, including best practices to meet the needs of special populations, consistent with the goals of achieving improvements in child protective services systems of the States in accordance with paragraphs (1) through (14) of section 106(a); F. effective approaches to interagency collaboration between the child protection system and the juvenile justice system that improve the delivery of services and treatment, including methods for continuity of treatment plan and services as children transition between systems; G. effective practices and programs to improve activities such as identification, screening, medical diagnosis, forensic diagnosis, health evaluations, and services, including activities that promote collaboration between— i. the child protective service system; and ii. (I) the medical community, including providers of mental health and developmental disability services; and (II) providers of early childhood intervention services and special education for children who have been victims of child abuse or neglect; H. an evaluation of the redundancies and gaps in the services in the field of child abuse and neglect prevention in order to make better use of resources; I. effective collaborations, between the child protective system and domestic violence service providers, that provide for the safety of children exposed to domestic violence and their non -abusing parents and that improve the investigations, interventions, delivery of services, and treatments provided for such children and families; J. the nature, scope, and practice of voluntary relinquishment for foster care or State guardianship of low-income children who need health services, including mental health services; K. the impact of child abuse and neglect on the incidence and progression of disabilities; L. the nature and scope of effective practices relating to differential response, including an analysis of best practices conducted by the States; M. child abuse and neglect issues facing Indians, Alaska Natives, and Native Hawaiians, including providing recommendations for improving the collection of child abuse and neglect data for Indian tribes and Native Hawaiian communities; N. the information on the national incidence of child abuse and neglect specified in clauses (i) through (x) of subparagraph (0); and O. the national incidence of child abuse and neglect, including i. the extent to which incidents of child abuse and neglect are increasing or decreasing in number and severity; ii. the incidence of substantiated and unsubstantiated reported child abuse and neglect cases; iii. the number of substantiated cases that result in a judicial finding of child abuse or neglect or related criminal court convictions; iv. the extent to which the number of unsubstantiated, unfounded and false reported cases of child abuse or neglect have contributed to the inability of a State to respond effectively to serious cases of child abuse or neglect; V. the extent to which the lack of adequate resources and the lack of adequate training of individuals required by law to report suspected cases of child abuse and neglect have contributed to the M z So in law. inability of a State to respond effectively to serious cases of child abuse and neglect; vi. the number of unsubstantiated, false, or unfounded reports that have resulted in a child being placed in substitute care, and the duration of such placement; vii. the extent to which unsubstantiated reports return as more serious cases of child abuse or neglect; viii. the incidence and prevalence of physical, sexual, and emotional abuse and physical and emotional neglect in substitute care; ix. the incidence and prevalence of child maltreatment by a wide array of demographic characteristics such as age, sex, race, family structure, household relationship (including the living arrangement of the resident parent and family size), school enrollment and education attainment, disability, grandparents as caregivers, labor force status, work status in previous year, and income in previous year; X. the extent to which reports of suspected or known instances of child abuse or neglect involving a potential combination of jurisdictions, such as intrastate, interstate, Federal -State, and State - Tribal, are being screened out solely on the basis of the cross - jurisdictional complications; and xi. the incidence and outcomes of child abuse and neglect allegations reported within the context of divorce, custody, or other family court proceedings, and the interaction between this venue and the child protective services system. 2. RESEARCH. —The Secretary shall conduct research on the national incidence of child abuse and neglect, including the information on the national incidence on child abuse and neglect specified in clauses (i) through (xi) of paragraph (1)(0). 3. REPORT. —Not later than 4 years after the date of the enactment of the CAPTA Reauthorization Act of 2010, the Secretary shall prepare and submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate a report that contains the results of the research conducted under paragraph (2). 4. PRIORITIES. — A. IN GENERAL.— The Secretary shall establish research priorities for making grants or contracts for purposes of carrying out paragraph (1). B. PUBLIC COMMENT.— Not later than 1 year after the date of enactment of the CAPTA Reauthorization Act of 2010, and every 2 years thereafter, the Secretary shall provide an opportunity for public comment concerning the priorities proposed under subparagraph (A) and maintain an official record of such public comment. 42. STUDY ON SHAKEN BABY SYNDROME.— The Secretary shall conduct a study that — 10 C. identifies data collected on shaken baby syndrome; D. determines the feasibility of collecting uniform, accurate data from all States regarding i. incidence rates of shaken baby syndrome; ii. characteristics of perpetrators of shaken baby syndrome, including age, gender, relation to victim, access to prevention materials and resources, and history of substance abuse, domestic violence, and mental illness; and iii. characteristics of victims of shaken baby syndrome, including gender, date of birth, date of injury, date of death (if applicable), and short- and long-term injuries sustained. b. PROVISION OF TECHNICAL ASSISTANCE.- 1. IN GENERAL. —The Secretary shall provide technical assistance to State and local public and private agencies and community -based organizations, including disability organizations and persons who work with children with disabilities and providers of mental health, substance abuse treatment, and domestic violence prevention services, to assist such agencies and organizations in planning, improving, developing, and carrying out programs and activities, including replicating successful program models, relating to the prevention, assessment, identification, and treatment of child abuse and neglect. 2. EVALUATION. —Such technical assistance may include an evaluation or identification of — A. various methods and procedures for the investigation, assessment, and prosecution of child physical and sexual abuse cases; B. ways to mitigate psychological trauma to the child victim; C. effective programs carried out by the States under titles I and II; and D. effective approaches being utilized to link child protective service agencies with health care, mental health care, and developmental services to improve forensic diagnosis and health evaluations, and barriers and shortages to such linkages. 3. DISSEMINATION. —The Secretary may provide for and disseminate information relating to various training resources available at the State and local level to — A. individuals who are engaged, or who intend to engage, in the prevention, identification, and treatment of child abuse and neglect; and B. appropriate State and local officials to assist in training law enforcement, legal, judicial, medical, mental health, education, child welfare, substance abuse, and domestic violence services personnel in appropriate methods of interacting during investigative, administrative, and judicial proceedings with children who have been subjected to, or whom the personnel suspect have been subjected to, child abuse or neglect. AUTHORITY TO MAKE GRANTS OR ENTER INTO CONTRACTS. 1. IN GENERAL. —The functions of the Secretary under this section may be carried out either directly or through grant or contract. 2. DURATION. —Grants under this section shall be made for periods of not more than 5 years. 11 3. PREFERENCE FOR LONG-TERM STUDIES.In making grants for purposes of conducting research under subsection (a) of this section, the Secretary shall give special consideration to applications for long-term projects. d. PEER REVIEW FOR GRANTS. 1. ESTABLISHMENT OF PEER REVIEW PROCESS. A. In General. —To enhance the quality and usefulness of research in the field of child abuse and neglect, the Secretary shall, in consultation with experts in the field and other Federal agencies, establish a formal, rigorous, and meritorious peer review process for purposes of evaluating and reviewing applications for assistance through a grant or contract under this section and determining the relative merits of the project for which such assistance is requested. B. MEMBERS. —hi establishing the process required by subparagraph (A), the Secretary shall only appoint to the peer review panels members who— i. are experts in the field of child abuse and neglect or related disciplines, with appropriate expertise related to the applications to be reviewed; and ii. are not individuals who are officers or employees of the Administration for Children and Families. C. MEETINGS. —The peer review panels shall meet as often as is necessary to facilitate the expeditious review of applications for grants and contracts under this section, but shall meet not less often than once a year. D. CRITERIA AND GUIDELINES. —The Secretary shall ensure that the peer review panel utilizes scientifically valid review criteria and scoring guidelines in the review of the applications for grants and contracts. 2. REVIEW OF APPLICATIONS FOR ASSISTANCE. —Each peer review panel established under paragraph (1)(A) that reviews any application for a grant shall — A. determine and evaluate the merit of each project described in such application; B. rank such application with respect to all other applications it reviews in the same priority area for the fiscal year involved, according to the relative merit of all of the projects that are described in such application and for which financial assistance is requested; and C. make recommendations to the Secretary concerning whether the application for the project shall be approved. The Secretary shall award grants under this section on the basis of competitive review. NOTICE OF APPROVAL. — A. MERITORIOUS PROJECTS. —The Secretary shall provide grants and contracts under this section from among the projects which the peer review panels established under paragraph (1)(A) have determined to have merit. B. EXPLANATION.In the instance in which the Secretary approves an application for a program without having approved all applications ranked above such application (as determined under paragraph (2)(13)), the Secretary shall append to the approved application a detailed explanation 12 of the reasons relied on for approving the application and for failing to approve each pending application that is superior in merit, as indicated on the list under paragraph (2)(B). e. DEMONSTRATION PROGRAMS AND PROJECTS. —The Secretary may award grants to, and enter into contracts with, entities that are States, Indian tribes or tribal organizations, or public or private agencies or organizations (or combinations of such entities) for time -limited, demonstration projects for the following: 1. PROMOTION OF SAFE, FAMILY -FRIENDLY PHYSICAL ENVIRONMENTS FOR VISITATION AND EXCHANGE. —The Secretary may award grants under this subsection to entities to assist such entities in establishing and operating safe, family -friendly physical environments A. for court -ordered, supervised visitation between children and abusing parents; and B. to facilitate the safe exchange of children for visits with noncustodial parents in cases of domestic violence. 2. EDUCATION, IDENTIFICATION, PREVENTION, AND TREATMENT. —The Secretary may award grants under this subsection to entities for projects that provide educational identification, prevention, and treatment services in cooperation with child care and early childhood education and care providers, preschools and elementary and secondary schools. 3. RISK AND SAFETY ASSESSMENT TOOLS. —The Secretary may award grants under this subsection to entities for projects that provide for the development of research -based strategies for risk and safety assessments relating to child abuse and neglect. 4. TRAINING. —The Secretary may award grants under this subsection to entities for projects that involve research -based strategies for innovative training for mandated child abuse and neglect reporters. Sec. 105. GRANTS TO STATES, INDIAN TRIBES OR TRIBAL ORGANIZATIONS, AND PUBLIC OR PRIVATE AGENCIES AND ORGANIZATIONS. [42 U.S.C. 51061 a. GRANTS FOR PROGRAMS AND PROJECTS. —The Secretary may make grants to, and enter into contracts with entities that are States, Indian tribes or tribal organizations, or public agencies or private agencies or organizations (or combinations of such entities) for programs and projects for the following purposes: 1. TRAINING PROGRAMS. —The Secretary may award grants to public or private organizations under this subsection — A. for the training of professional and paraprofessional personnel in the fields of health care, medicine, law enforcement, judiciary, social work and child protection, education, child care, and other relevant fields, or individuals such as court appointed special advocates (CASAs) and guardian ad litem, who are engaged in, or intend to work in, the field of prevention, identification, and treatment of child abuse and neglect, including the links between domestic violence and child abuse and neglect; 13 B. to improve the recruitment, selection, and training of volunteers serving in public and private children, youth, and family service organizations in order to prevent child abuse and neglect; C. for the establishment of resource centers for the purpose of providing information and training to professionals working in the field of child abuse and neglect; D. for training to enhance linkages among child protective service agencies and health care agencies, entities providing physical and mental health services, community resources, and developmental disability agencies, to improve screening, forensic diagnosis, and health and developmental evaluations, and for partnerships between child protective service agencies and health care agencies that support the coordinated use of existing Federal, State, local and private funding to meet the health evaluation needs of children who have been subjects of substantiated cases of child abuse or neglect; E. for the training of personnel in best practices to meet the unique needs of children with disabilities, including promoting interagency collaboration; F. for the training of personnel in best practices to promote collaboration with the families from the initial time of contact during the investigation through treatment; G. for the training of personnel regarding the legal duties of such personnel and their responsibilities to protect the legal rights of children and families; H. for the training of personnel in childhood development including the unique needs of children under age 3; I. for improving the training of supervisory and nonsupervisory child welfare workers; J. for enabling State child welfare agencies to coordinate the provision of services with State and local health care agencies, alcohol and drug abuse prevention and treatment agencies, mental health agencies, other public and private welfare agencies, and agencies that provide early intervention services to promote child safety, permanence and family stability; K. for cross training for child protective service workers in research -based strategies for recognizing situations of substance abuse, domestic violence, and neglect; L. for developing, implementing, or operating information and education programs or training programs designed to improve the provision of services to infants or toddlers with disabilities with life -threatening conditions for i. professionals and paraprofessional personnel concerned with the welfare of disabled infants with life -threatening conditions, including personnel employed in child protective services programs and health care facilities; and ii. the parents of such infants; and M. for the training of personnel in best practices relating to the provision of differential response. 14 2. TRIAGE PROCEDURES. —The Secretary may award grants under this subsection to public and private agencies that demonstrate innovation in responding to reports of child abuse and neglect, including programs of collaborative partnerships between the State child protective services agency, community social service agencies and family support programs, law enforcement agencies, developmental disability agencies, substance abuse treatment entities, health care entities, domestic violence prevention entities, mental health service entities, schools, churches and synagogues, and other community agencies, to allow for the establishment of a triage system that A. accepts, screens, and assesses reports received to determine which such reports require an intensive intervention and which require voluntary referral to another agency, program, or project; B. provides, either directly or through referral, a variety of community -linked services to assist families in preventing child abuse and neglect; and C. provides further investigation and intensive intervention when the child's safety is in jeopardy. 3. MUTUAL SUPPORT PROGRAMS. —The Secretary may award grants to private organizations to establish or maintain a national network of mutual support, leadership, and self-help programs as a means of strengthening families in partnership with their communities. 4. KINSHIP CARE.— The Secretary may award grants to public and private entities to assist such entities in developing or implementing procedures using adult relatives as the preferred placement for children removed from their home, where such relatives are determined to be capable of providing a safe nurturing environment for the child and where such relatives comply with the State child protection standards. 5. LINKAGES AMONG CHILD PROTECTIVE SERVICE AGENCIES AND PUBLIC HEALTH, MENTAL HEALTH, SUBSTANCE ABUSE, DEVELOPMENTAL DISABILITIES, AND DOMESTIC VIOLENCE SERVICE AGENCIES. —The Secretary may award grants to entities that provide linkages among State or local child protective service agencies and public health, mental health, substance abuse, developmental disabilities, and domestic violence service agencies, and entities that carry out community -based programs for the purpose of establishing linkages that are designed to ensure that a greater number of substantiated victims of child maltreatment have their physical health, mental health, and developmental needs appropriately diagnosed and treated, in accordance with all applicable Federal and State privacy laws. 6. COLLABORATIONS BETWEEN CHILD PROTECTIVE SERVICE ENTITIES AND DOMESTIC VIOLENCE SERVICE ENTITIES. —The Secretary may award grants to public or private agencies and organizations under this section to develop or expand effective collaborations between child protective service entities and domestic violence service entities to improve collaborative investigation and intervention procedures, provision for the safety of the non - abusing parent involved and children, and provision of services to children exposed to domestic violence that also support the caregiving role of the non - abusing parent. 15 7. GRANTS TO STATES TO IMPROVE AND COORDINATE THEIR RESPONSE TO ENSURE THE SAFETY, PERMANENCY, AND WELL-BEING OF INFANTS AFFECTED BY SUBSTANCE USE. A. PROGRAM AUTHORIZED. —The Secretary is authorized to make grants to States for the purpose of assisting child welfare agencies, social services agencies, substance use disorder treatment agencies, hospitals with labor and delivery units, medical staff, public health and mental health agencies, and maternal and child health agencies to facilitate collaboration in developing, updating, implementing, and monitoring plans of safe care described in section 106(b)(2)(B)(iii). Section 112(a)(2) shall not apply to the program authorized under this paragraph. B. DISTRIBUTION OF FUNDS. — RESERVATIONS. —Of the amounts made available to carry out subparagraph (A), the Secretary shall reserve — I. no more than 3 percent for the purposes described in subparagraph (G); and II. up to 3 percent for grants to Indian Tribes and tribal organizations to address the needs of infants born with, and identified as being affected by, substance abuse or withdrawal symptoms resulting from prenatal drug exposure or a fetal alcohol spectrum disorder and their families or caregivers, which to the extent practicable, shall be consistent with the uses of funds described under subparagraph (D). ii. ALLOTMENTS TO STATES AND TERRITORIES. —The Secretary shall allot the amount made available to carry out subparagraph (A) that remains after application of clause (i) to each State that applies for such a grant, in an amount equal to the sum of I. $500,000; and II. an amount that bears the same relationship to any funds made available to carry out subparagraph (A) and remaining after application of clause (i), as the number of live births in the State in the previous calendar year bears to the number of live births in all States in such year. iii. RATABLE REDUCTION. —If the amount made available to carry out subparagraph (A) is insufficient to satisfy the requirements of clause (ii), the Secretary shall ratably reduce each allotment to a State. C. APPLICATION.A State desiring a grant under this paragraph shall submit an application to the Secretary at such time and in such manner as the Secretary may require. Such application shall include i. a description of I. the impact of substance use disorder in such State, including with respect to the substance or class of 16 substances with the highest incidence of abuse in the previous year in such State, including aa. the prevalence of substance use disorder in such State; bb. the aggregate rate of births in the State of infants affected by substance abuse or withdrawal symptoms or a fetal alcohol spectrum disorder (as determined by hospitals, insurance claims, claims submitted to the State Medicaid program, or other records), if available and to the extent practicable; and cc. the number of infants identified, for whom a plan of safe care was developed, and for whom a referral was made for appropriate services, as reported under section 106(d)(18); and II. the challenges the State faces in developing, implementing, and monitoring plans of safe care in accordance with section 106(b)(2)(B)(iii); III. the State's lead agency for the grant program and how that agency will coordinate with relevant State entities and programs, including the child welfare agency, the substance use disorder treatment agency, hospitals with labor and delivery units, health care providers, the public health and mental health agencies, programs funded by the Substance Abuse and Mental Health Services Administration that provide substance use disorder treatment for women, the State Medicaid program, the State agency administering the block grant program under title V of the Social Security Act (42 U.S.C. 701 et seq.), the State agency administering the programs funded under part C of the Individuals with Disabilities Education Act (20 U.S.C. 1431 et seq.), the maternal, infant, and early childhood home visiting program under section 511 of the Social Security Act (42 U.S.C. 711), the State judicial system, and other agencies, as determined by the Secretary, and Indian Tribes and tribal organizations, as appropriate, to implement the activities under this paragraph; IV. how the State will local monitor development and implementation of plans of safe care, in accordance with section 106(b)(2)(13)(iii)(II), including how the State will monitor to ensure plans of safe care address differences between substance use disorder and medically supervised substance use, including for the treatment of a substance use disorder; V. if applicable, how the State plans to utilize funding authorized under part E of title IV of the Social Security Act (42 U.S.C. 670 et seq.) to assist in carrying 17 out any plan of safe care, including such funding authorized under section 471(e) of such Act (as in effect on October 1, 2018) for mental health and substance abuse prevention and treatment services and in -home parent skill -based programs and funding authorized under such section 4720) (as in effect on October 1, 2018) for children with a parent in a licensed residential family -based treatment facility for substance abuse; and VI. an assessment of the treatment and other services and programs available in the State, to effectively carry out any plan of safe care developed, including identification of needed treatment, and other services and programs to ensure the well-being of young children and their families affected by substance use disorder, such as programs carried out under part C of the Individuals with Disabilities Education Act (20 U.S.C. 1431 et seq.) and comprehensive early childhood development services and programs such as Head Start programs; ii. a description of how the State plans to use funds for activities described in subparagraph (D) for the purposes of ensuring State compliance with requirements under clauses (ii) and (iii) of section 106(b)(2)(B); and iii. an assurance that the State will comply with requirements to refer a child identified as substance -exposed to early intervention services as required pursuant to a grant under part C of the Individuals with Disabilities Education Act (20 U.S.C. 1431 et seq.). D. USES OF FUNDS. —Funds awarded to a State under this paragraph may be used for the following activities, which may be carried out by the State directly, or through grants or subgrants, contracts, or cooperative agreements: i. Improving State and local systems with respect to the development and implementation of plans of safe care, which I. shall include parent and caregiver engagement, as required under section 106(b)(2)(13)(iii)(I), regarding available treatment and service options, which may include resources available for pregnant, perinatal, and postnatal women; and II. may include activities such as— aa. developing policies, procedures, or protocols for the administration or development of evidence -based and validated screening tools for infants who may be affected by substance use withdrawal symptoms or a fetal alcohol spectrum disorder and pregnant, perinatal, and postnatal women whose infants may be affected by substance use withdrawal symptoms or a fetal alcohol spectrum disorder; WV bb. improving assessments used to determine the needs of the infant and family; cc. improving ongoing case management services; and dd. improving access to treatment services, which may be prior to the pregnant woman's delivery date; and ee. keeping families safely together when it is in the best interest of the child. ii. Developing policies, procedures, or protocols in consultation and coordination with health professionals, public and private health facilities, and substance use disorder treatment agencies to ensure that I. appropriate notification to child protective services is made in a timely manner as required under section 106(b)(2)(B)(ii); 11. a plan of safe care is in place, in accordance with section 106(b)(2)(B)(iii), before the infant is discharged from the birth or health care facility; and III. such health and related agency professionals are trained on how to follow such protocols and are aware of the supports that may be provided under a plan of safe care. iii. Training health professionals and health system leaders, child welfare workers, substance use disorder treatment agencies, and other related professionals such as home visiting agency staff and law enforcement in relevant topics including- 1. State mandatory reporting laws established under section 106(b)(2)(13)(i) and the referral and process requirements for notification to child protective services when child abuse or neglect reporting is not mandated; 11. the co -occurrence of pregnancy and substance use disorder, and implications of prenatal exposure; III. the clinical guidance about treating substance use disorder in pregnant and postpartum women; IV. appropriate screening and interventions for infants affected by substance use disorder, withdrawal symptoms, or a fetal alcohol spectrum disorder and the requirements under section 106(b)(2)(B)(iii); and V. appropriate multigenerational strategies to address the mental health needs of the parent and child together. iv. Establishing partnerships, agreements, or memoranda of understanding between the lead agency and other entities (including health professionals, health facilities, child welfare professionals, juvenile and family court judges, substance use disorder treatment programs, early childhood education programs, maternal and child health and early intervention professionals (including home visiting providers), peer -to -peer recovery programs such as parent mentoring programs, and housing 19 agencies) to facilitate the implementation of, and compliance with section 106(b)(2) and clause (ii) of this subparagraph, in areas which may include I. developing a comprehensive, multi -disciplinary assessment and intervention process for infants, pregnant women, and their families who are affected by substance use disorder, withdrawal symptoms, or a fetal alcohol spectrum disorder, that includes meaningful engagement with and takes into account the unique needs of each family and addresses differences between legal, medically supervised substance use, including for the treatment of substance use disorder, and substance use disorder; 11. ensuring that treatment approaches for serving infants, pregnant women, and perinatal and postnatal women whose infants may be affected by substance use, withdrawal symptoms, or a fetal alcohol spectrum disorder, are designed to, where appropriate, keep infants with their mothers during both inpatient and outpatient treatment; and III. increasing access to all evidence -based medication -assisted treatment approved by the Food and Drug Administration, behavioral therapy, and counseling services for the treatment of substance use disorders, as appropriate. V. Developing and updating systems of technology for improved data collection and monitoring under section 106(b)(2)(B)(iii), including existing electronic medical records, to measure the outcomes achieved through the plans of safe care, including monitoring systems to meet the requirements of this Act and submission of performance measures. E. REPORTING. —Each State that receives funds under this paragraph, for each year such funds are received, shall submit a report to the Secretary, disaggregated by geographic location, economic status, and major racial and ethnic groups, except that such disaggregation shall not be required if the results would reveal personally identifiable information on, with respect to infants identified under section 106(b)(2)(B)(ii) i. The number who experienced removal associated with parental substance use; ii. The number who experienced removal and are reunified with parents, and the length of time between such removal and reunification; iii. the number who are referred to community providers without a child protection case; iv. the number who receive services while in the care of their birth parents; V. the number who receive post -reunification services within 1 year after a reunification has occurred; and 20 vi. the number who experienced a return to out -of -home care within 1 year after reunification. F. SECRETARY'S REPORT TO CONGRESS. —The Secretary shall submit an annual report to the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate and the Committee on Education and the Workforce and the Committee on Appropriations of the House of Representatives that includes the information described in subparagraph (E) and recommendations or observations on the challenges, successes, and lessons derived from implementation of the grant program. G. ASSISTING STATES' IMPLEMENTATION. —The Secretary shall use the amount reserved under subparagraph (B)(i)(I) to provide written guidance and technical assistance to support States in complying with and implementing this paragraph, which shall include i. technical assistance, including programs of in-depth technical assistance, to additional States, territories, and Indian tribes and tribal organizations in accordance with the substance -exposed infant initiative developed by the National Center on Substance Abuse and Child Welfare; ii. guidance on the requirements of this Act with respect to infants born with and identified as being affected by substance use or withdrawal symptoms or fetal alcohol spectrum disorder, as described in clauses (ii) and (iii) of section 106(b)(2)(B), including by I. enhancing States' understanding of requirements and flexibilities under the law, including by clarifying key terms; II. addressing state -identified challenges with developing, implementing, and monitoring plans of safe care, including those reported under subparagraph (C)(i)(II); III. disseminating best practices on implementation of plans of safe care, on such topics as differential response, collaboration and coordination, and identification and delivery of services, for different populations, while recognizing needs of different populations and varying community approaches across States; and IV. helping States improve the long-term safety and well-being of young children and their families; iii. supporting State efforts to develop information technology systems to manage plans of safe care; and iv. preparing the Secretary's report to Congress described in subparagraph (F). H. SUNSET. —The authority under this paragraph shall sunset on September 30, 2023. b. DISCRETIONARY GRANTS. —In addition to grants or contracts made under subsection (a) of this section, grants or contracts under this section may be used for the following: 21 1. Respite and crisis nursery programs provided by community -based organizations under the direction and supervision of hospitals. 2. Respite and crisis nursery programs provided by community -based organizations. 3. Programs based within children's hospitals or other pediatric and adolescent care facilities, that provide model approaches for improving medical diagnosis of child abuse and neglect and for health evaluations of children for whom a report of maltreatment has been substantiated; and 4. A. Providing hospital -based information and referral services to i. parents of children with disabilities; and ii. children who have been victims of child abuse or neglect and their parents. B. Except as provided in subparagraph (C)(iii), services provided under a grant received under this paragraph shall be provided at the hospital involved i. upon the birth or admission of a child with disabilities; and ii. upon the treatment of a child for child abuse and neglect. C. Services, as determined as appropriate by the grantee, provided under a grant received under this paragraph shall be hospital -based and shall consist of— i. the provision of notice to parents that information relating to community services is available; ii. the provision of appropriate information to parents of a child with disabilities regarding resources in the community, particularly parent training resources, that will assist such parents in caring for their child; iii. the provision of appropriate information to parents of a child who has been a victim of child abuse or neglect regarding resources in the community, particularly parent training resources, that will assist such parents in caring for their child and reduce the possibility of child abuse and neglect; iv. the provision of appropriate follow-up services to parents of a child described in subparagraph (B) after the child has left the hospital; and V. where necessary, assistance in coordination of community services available to parents of children described in subparagraph (B). The grantee shall assure that parental involvement described in this subparagraph is voluntary. D. For purposes of this paragraph, a qualified grantee is an acute care hospital that — is in a combination with — I. a health-care provider organization; II. a child welfare organization; I1I. a disability organization; and 22 IV. a State child protection agency; ii. submits an application for a grant under this paragraph that is approved by the Secretary; iii. maintains an office in the hospital involved for purposes of providing services under such grant; iv. provides assurances to the Secretary that in the conduct of the project the confidentiality of medical, social, and personal information concerning any person described in subparagraph (A) or (B) shall be maintained, and shall be disclosed only to qualified persons providing required services described in subparagraph (C) for purposes relating to conduct of the project; and V. assumes legal responsibility for carrying out the terms and conditions of the grant. E. In awarding grants under this paragraph, the Secretary shall— i. give priority under this section for two grants under this paragraph, provided that one grant shall be made to provide services in an urban setting and one grant shall be made to provide services in rural setting; and ii. encourage qualified grantees to combine the amounts received under the grant with other funds available to such grantees. 5. Such other innovative programs and projects that show promise of preventing and treating cases of child abuse and neglect as the Secretary may approve. c. EVALUATION.In making grants for projects under this section, the Secretary shall require all such projects to be evaluated for their effectiveness. Funding for such evaluations shall be provided either as a stated percentage of a demonstration grant or as a separate grant or contract entered into by the Secretary for the purpose of evaluating a particular demonstration project or group of projects. In the case of an evaluation performed by the recipient of a grant, the Secretary shall make available technical assistance for the evaluation, where needed, including the use of a rigorous application of scientific evaluation techniques. SEC. 106. GRANTS TO STATES FOR CHILD ABUSE OR NEGLECT PREVENTION AND TREATMENT PROGRAMS. [42 U.S.C. 5106a] a. DEVELOPMENT AND OPERATION GRANTS. —The Secretary shall make grants to the States, from allotments made under subsection (f) for each State that applies for a grant under this section, for purposes of assisting the States in improving the child protective services system of each such State in 1. the intake, assessment, screening, and investigation of reports of child abuse or neglect; 2. A. creating and improving the use of multidisciplinary teams and interagency, intra-agency, interstate, and intrastate protocols to enhance investigations; and B. improving legal preparation and representation, including- 23 i. procedures for appealing and responding to appeals of substantiated reports of child abuse or neglect; and ii. provisions for the appointment of an individual appointed to represent a child in judicial proceedings; 3. case management, including ongoing case monitoring, and delivery of services and treatment provided to children and their families; 4. enhancing the general child protective system by developing, improving, and implementing risk and safety assessment tools and protocols, including the use of differential response; 5. developing and updating systems of technology that support the program and track reports of child abuse and neglect from intake through final disposition and allow interstate and intrastate information exchange; 6. developing, strengthening, and facilitating training including A. training regarding research -based strategies, including the use of differential response, to promote collaboration with the families; B. training regarding the legal duties of such individuals; C. personal safety training for case workers; and D. training in early childhood, child, and adolescent development; 7. improving the skills, qualifications, and availability of individuals providing services to children and families, and the supervisors of such individuals, through the child protection system, including improvements in the recruitment and retention of caseworkers; 8. developing, facilitating the use of, and implementing research -based strategies and training protocols for individuals mandated to report child abuse and neglect; 9. developing, implementing, or operating programs to assist in obtaining or coordinating necessary services for families of disabled infants with life - threatening conditions, including A. existing social and health services; B. financial assistance; C. services necessary to facilitate adoptive placement of any such infants who have been relinquished for adoption; and D. the use of differential response in preventing child abuse and neglect; 10. developing and delivering information to improve public education relating to the role and responsibilities of the child protection system and the nature and basis for reporting suspected incidents of child abuse and neglect, including the use of differential response; 11. developing and enhancing the capacity of community -based programs to integrate shared leadership strategies between parents and professionals to prevent and treat child abuse and neglect at the neighborhood level; 12. supporting and enhancing interagency collaboration between the child protection system and the juvenile justice system for improved delivery of services and treatment, including methods for continuity of treatment plan and services as children transition between systems; 13. supporting and enhancing interagency collaboration among public health agencies, agencies in the child protective service system, and agencies carrying out private community -based programs- 24 A. to provide child abuse and neglect prevention and treatment services (including linkages with education systems), and the use of differential response; and B. to address the health needs, including mental health needs, of children identified as victims of child abuse or neglect, including supporting prompt, comprehensive health and developmental evaluations for children who are the subject of substantiated child maltreatment reports; or 14. developing and implementing procedures for collaboration among child protective services, domestic violence services, and other agencies in A. investigations, interventions, and the delivery of services and treatment provided to children and families, including the use of differential response, where appropriate; and B. the provision of services that assist children exposed to domestic violence, and that also support the caregiving role of their non -abusing parents. b. ELIGIBILITY REQUIREMENTS. 1. STATE PLAN. — A. IN GENERAL. —To be eligible to receive a grant under this section, a State shall submit to the Secretary a State plan that specifies the areas of the child protective services system described in subsection (a) that the State will address with amounts received under the grant. B. DURATION OF PLAN. —Each State plan shall i. remain in effect for the duration of the State's participation under this section; and ii. be periodically reviewed and revised as necessary by the State to reflect changes in the State's strategies and programs under this section. C. ADDITIONAL INFORMATION. —The State shall provide notice to the Secretary— i. of any substantive changes, including any change to State law or regulations, relating to the prevention of child abuse and neglect that may affect the eligibility of the State under this section; and ii. of any significant changes in how funds provided under this section are used to support activities described in this section, which may differ from the activities described in the current State application. 2. CONTENTS. —A State plan submitted under paragraph (1) shall contain a description of the activities that the State will carry out using amount received under the grant to achieve the objectives of this title, including — A. an assurance that the State plan, to the maximum extent practicable, is coordinated with the State plan under part B of title IV of the Social Security Act (42 U.S.C. 621 et seq.) relating to child welfare services and family preservation and family support services; B. an assurance in the form of a certification by the Governor of the State that the State has in effect and is enforcing a State law, or has in effect and is operating a statewide program, relating to child abuse and neglect that includes- 25 i. provisions or procedures for an individual to report known and suspected instances of child abuse and neglect, including a State law for mandatory reporting by individuals required to report such instances; ii. policies and procedures (including appropriate referrals to child protection service systems and for other appropriate services) to address the needs of infants born with and identified as being affected by substance abuse or withdrawal symptoms resulting from prenatal drug exposure, or a Fetal Alcohol Spectrum Disorder, including a requirement that health care providers involved in the delivery or care of such infants notify the child protective services system of the occurrence of such condition of such infants, except that such notification shall not be construed to — I. establish a definition under Federal law of what constitutes child abuse or neglect; or II. require prosecution for any illegal action. iii. the development of a plan of safe care for the infant born and identified as being affected by substance abuse or withdrawal symptoms or Fetal Alcohol Spectrum Disorder to ensure the safety and well-being of such infant following release from the care of healthcare providers, including through — I. addressing the health and substance use disorder treatment needs of the infant and affected family or caregiver; and II. the development and implementation by the State of monitoring systems regarding the implementation of such plans to determine whether and in what manner local entities are providing, in accordance with State requirements, referrals to and delivery of appropriate services for the infant and affected family or caregiver; iv. procedures for the immediate screening, risk and safety assessment, and prompt investigation of such reports; V. triage procedures, including the use of differential response, for the appropriate referral of a child not at risk of imminent harm to a community organization or voluntary preventive service; vi. procedures for immediate steps to be taken to ensure and protect the safety of a victim of child abuse or neglect and of any other child under the same care who may also be in danger of child abuse or neglect and ensuring their placement in a safe environment; vii. provisions for immunity from civil or criminal liability under State and local laws and regulations for individuals making good faith reports of suspected or known instances of child abuse or neglect, or who otherwise provide information or assistance, including medical evaluations or consultations, in connection with a report, 26 investigation, or legal intervention pursuant to a good faith report of child abuse or neglect'; viii. methods to preserve the confidentiality of all records in order to protect the rights of the child and of the child's parents or guardians, including requirements ensuring that reports and records made and maintained pursuant to the purposes of this title shall only be made available to I. individuals who are the subject of the report; II. Federal, State, or local government entities, or any agent of such entities, as described in clause (ix); III. child abuse citizen review panels; IV. child fatality review panels; V. a grand jury or court, upon a finding that information in the record is necessary for the determination of an issue before the court or grand jury; and VI. other entities or classes of individuals statutorily authorized by the State to receive such information pursuant to a legitimate State purpose; ix. provisions to require a State to disclose confidential information to any Federal, State, or local government entity, or any agent of such entity, that has a need for such information in order to carry out its responsibilities under law to protect children from child abuse and neglect; X. provisions which allow for public disclosure of the findings or information about the case of child abuse or neglect which has resulted in a child fatality or near fatality; xi. the cooperation of State law enforcement officials, court of competent jurisdiction, and appropriate State agencies providing human services in the investigation, assessment, prosecution, and treatment of child abuse and neglect; xii. provisions requiring, and procedures in place that facilitate the prompt expungement of any records that are accessible to the general public or are used for purposes of employment or other background checks in cases determined to be unsubstantiated or false, except that nothing in this section shall prevent State child protective services agencies from keeping information on unsubstantiated reports in their casework files to assist in future risk and safety assessment; xiii. provisions and procedures requiring that in every case involving a victim of child abuse or neglect which results in a judicial proceeding, a guardian ad litem who has received training appropriate to the role, including training in early childhood, child, 3 Section 3(b) of P.L. 115-424 also provides Federal immunity from civil liability or criminal prosecution for any individual making a good faith report, or who provides information or assistance in connection with a report or investigation of child abuse or neglect; there shall also be a presumption that the person acted in good faith; and if the defendant prevails in a federal civil action, the court may award costs and reasonable attorney's fees incurred by the defendant. 27 and adolescent development, and who may be an attorney or a court appointed special advocate who has received training appropriate to that role (or both), shall be appointed to represent the child in such proceedings — I. to obtain first-hand, a clear understanding of the situation and needs of the child; and II. to make recommendations to the court concerning the best interests of the child; xiv. the establishment of citizen review panels in accordance with subsection (c); xv. provisions, procedures, and mechanisms I. for the expedited termination of parental rights in the case of any infant determined to be abandoned under State law; and II. by which individuals who disagree with an official finding of child abuse or neglect can appeal such finding; xvi. provisions, procedures, and mechanisms that assure that the State does not require reunification of a surviving child with a parent who has been found by a court of competent jurisdiction I. to have committed murder (which would have been an offense under section I I I I(a) of title 18 if the offense had occurred in the special maritime or territorial jurisdiction of the United States) of another child of such parent; II. to have committed voluntary manslaughter (which would have been an offense under section 1112(a) of title 18 if the offense had occurred in the special maritime or territorial jurisdiction of the United States) of another child of such parent; III. to have aided or abetted, attempted, conspired, or solicited to commit such murder or voluntary manslaughter; IV. to have committed a felony assault that results in the serious bodily injury to the surviving child or another child of such parent; V. to have committed sexual abuse against the surviving child or another child of such parent; or VI. to be required to register with a sex offender registry under section I I3(a) of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16913(a)); xvii. an assurance that, upon the implementation by the State of the provisions, procedures, and mechanisms under clause (xvi), conviction of any one of the felonies listed in clause (xvi) constitute grounds under State law for the termination of parental rights of the convicted parent as to the surviving children (although case -by -case determinations of whether or not to seek termination of parental rights shall be within the sole discretion of the State); xviii. provisions and procedures to require that a representative of the child protective services agency shall, at the initial time of contact with the individual subject to a child abuse or neglect investigation, advise the individual of the complaints or allegations made against the individual, in a manner that is consistent with laws protecting the rights of the informant; xix. provisions addressing the training of representatives of the child protective services system regarding the legal duties of the representatives, which may consist of various methods of informing such representatives of such duties, in order to protect the legal rights and safety of children and families from the initial time of contact during investigation through treatment; xx. provisions and procedures for improving the training, retention, and supervision of caseworkers; xxi. provisions and procedures for referral of a child under the age of 3 who is involved in a substantiated case of child abuse or neglect to early intervention services funded under part C of the Individuals with Disabilities Education Act (20 U.S.C. 1431 et seq.); xxii. provisions and procedures for requiring criminal background checks that meet the requirements of section 471(a)(20) of the Social Security Act (42 U.S.C. 671(a)(20) for prospective foster and adoptive parents and other adult relatives and non -relatives residing in the household; xxiii. provisions for systems of technology that support the State child protective service system described in subsection (a) and track reports of child abuse and neglect from intake through final disposition; xxiv. provisions and procedures requiring identification and assessment of all reports involving children known or suspected to be victims of sex trafficking (as defined in section 103(10) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(10)); and xxv. provisions and procedures for training child protective services workers about identifying, assessing, and providing comprehensive services for children who are sex trafficking victims, including efforts to coordinate with State law enforcement, juvenile justice, and social service agencies such as runaway and homeless youth shelters to serve this population; C. an assurance that the State has in place procedures for responding to the reporting of medical neglect (including instances of withholding of medically indicated treatment from infants with disabilities who have life - threatening conditions), procedures or programs, or both (within the State child protective services system), to provide for— i. coordination and consultation with individuals designated by and within appropriate health-care facilities; ii. prompt notification by individuals designated by and within appropriate health-care facilities of cases of suspected medical 29 neglect (including instances of withholding of medically indicated treatment from infants with disabilities who have life -threatening conditions); and iii. authority, under State law, for the State child protective services system to pursue any legal remedies, including the authority to initiate legal proceedings in a court of competent jurisdiction, as may be necessary to prevent the withholding of medically indicated treatment from infants with disabilities who have life - threatening conditions; D. a description of— i. the services to be provided under the grant to individuals, families, or communities, either directly or through referrals aimed at preventing the occurrence of child abuse and neglect; ii. the training to be provided under the grant to support direct line and supervisory personnel in report taking, screening, assessment, decision making, and referral for investigating suspected instances of child abuse and neglect; iii. the training to be provided under the grant for individuals who are required to report suspected cases of child abuse and neglect; iv. policies and procedures encouraging the appropriate involvement of families in decision -making pertaining to children who experienced child abuse or neglect; V. policies and procedures that promote and enhance appropriate collaboration among child protective service agencies, domestic violence service agencies, substance abuse treatment agencies, and other agencies in investigations, interventions, and the delivery of services and treatment provided to children and families affected by child abuse or neglect, including children exposed to domestic violence, where appropriate; and vi. policies and procedures regarding the use of differential response, as applicable; E. an assurance or certification that the programs or projects relating to child abuse and neglect carried out under part B of title IV of the Social Security Act [42 U.S.C. 621 et seq.] comply with the requirements set forth in paragraph (1) and this paragraph. F. an assurance or certification that programs and training conducted under this title address the unique needs of unaccompanied homeless youth, including access to enrollment and support services and that such youth are eligible for under parts B and E of title IV of the Social Security Act [42 U.S.C. 620 et seq., 670 et seq.] and meet the requirements of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 et seq.); and G. an assurance that the State, in developing the State plan described in paragraph (1), has collaborated with community -based prevention agencies and with families affected by child abuse or neglect. 30 Nothing in subparagraph (B) shall be construed to limit the State's flexibility to determine State policies relating to public access to court proceedings to determine child abuse and neglect, except that such policies shall, at a minimum, ensure the safety and well-being of the child, parents, and families; 3. LIMITATION. —With regard to clauses (vi) and (vii) of paragraph (2)(B), nothing in this section shall be construed as restricting the ability of a State to refuse to disclose identifying information concerning the individual initiating a report or complaint alleging suspected instances of child abuse or neglect, except that the State may not refuse such a disclosure where a court orders such disclosure after such court has reviewed, in camera, the record of the State related to the report or complaint and has found it has reason to believe that the reporter knowingly made a false report. 4. DEFINITIONS. —For purposes of this subsection A. the term "near fatality" means an act that, as certified by a physician, places the child in serious or critical condition; and B. the term "serious bodily injury" means bodily injury which involves substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty. c. CITIZEN REVIEW PANELS.- 1. ESTABLISHMENT. A. IN GENERAL. —Except as provided in subparagraph (B), each State to which a grant is made under this section shall establish not less than 3 citizen review panels. B. EXCEPTIONS. i. ESTABLISHMENT OF PANELS BY STATES RECEIVING MINIMUM ALLOTMENT.A State that receives the minimum allotment of $175,000 under section 203(b)(1)(A) [42 U.S.C. 5116(b)(1)(A)] of this title for a fiscal year shall establish not less than 1 citizen review panel. ii. DESIGNATION OF EXISTING ENTITIES.A State may designate as panels for purposes of this subsection one or more existing entities established under State or Federal law, such as child fatality panels or foster care review panels, if such entities have the capacity to satisfy the requirements of paragraph (4) and the State ensures that such entities will satisfy such requirements. 2. MEMBERSHIP. —Each panel established pursuant to paragraph (1) shall be composed of volunteer members who are broadly representative of the community in which such panel is established, including members who have expertise in the prevention and treatment of child abuse and neglect, and may include adult former victims of child abuse or neglect. 3. MEETINGS. —Each panel established pursuant to paragraph (1) shall meet not less than once every 3 months. 4. FUNCTIONS. — A. IN GENERAL. —Each panel established pursuant to paragraph (1) shall, by examining the policies, procedures, and practices of State and local 31 agencies and where appropriate, specific cases, evaluate the extent to which State and local child protection system agencies are effectively discharging their child protection responsibilities in accordance with i. the State plan under subsection (b) of this section; ii. the child protection standards set forth in subsection (b) of this section; and iii. any other criteria that the panel considers important to ensure the protection of children, including — I. a review of the extent to which the State and local child protective services system is coordinated with the foster care and adoption programs established under part E of title IV of the Social Security Act (42 U.S.C. 671 et seq.); and II. a review of child fatalities and near fatalities (as defined in subsection (b)(4) [of this section]). B. CONFIDENTIALITY. IN GENERAL. —The members and staff of a panel established under paragraph (I) I. shall not disclose to any person or government official any identifying information about any specific child protection case with respect to which the panel is provided information; and II. shall not make public other information unless authorized by State statute. ii. CIVIL SANCTIONS. —Each State that establishes a panel pursuant to paragraph (1) shall establish civil sanctions for a violation of clause (i). C. PUBLIC OUTREACH. —Each panel shall provide for public outreach and comment in order to assess the impact of current procedures and practices upon children and families in the community and in order to meet its obligations under subparagraph (A). 5. STATE ASSISTANCE. —Each State that establishes a panel pursuant to paragraph (1)— A. shall provide the panel access to information on cases that the panel desires to review if such information is necessary for the panel to carry out its functions under paragraph (4); and B. shall provide the panel, upon its request, staff assistance for the performance of the duties of the panel. 6. REPORTS. —Each panel established under paragraph (1) shall prepare and make available to the State and the public, on an annual basis, a report containing a summary of the activities of the panel and recommendations to improve the child protection services system at the State and local levels. Not later than 6 months after the date on which a report is submitted by the panel to the State, the appropriate State agency shall submit a written response to State and local child protection systems and the citizen review panel that describes whether or how the State will incorporate the recommendations of such panel (where appropriate) to 32 make measurable progress in improving the State and local child protection system. d. ANNUAL STATE DATA REPORTS. —Each State to which a grant is made under this section shall annually work with the Secretary to provide, to the maximum extent practicable, a report that includes the following: 1. The number of children who were reported to the State during the year as victims of child abuse or neglect. 2. Of the number of children described in paragraph (1), the number with respect to whom such reports were A. substantiated; B. unsubstantiated; or C. determined to be false. 3. Of the number of children described in paragraph (2) A. the number that did not receive services during the year under the State program funded under this section or an equivalent State program; B. the number that received services during the year under the State program funded under this section or an equivalent State program; and C. the number that were removed from their families during the year by disposition of the case. 4. The number of families that received preventive services, including use of differential response, from the State during the year. 5. The number of deaths in the State during the year resulting from child abuse or neglect. 6. Of the number of children described in paragraph (5), the number of such children who were in foster care. 7. A. The number of child protective service personnel responsible for the i. intake of reports filed in the previous year; ii. screening of such reports; iii. assessment of such reports; and iv. investigation of such reports. B. The average caseload for the workers described in subparagraph (A). 8. The agency response time with respect to each such report with respect to initial investigation of reports of child abuse or neglect. 9. The response time with respect to the provision of services to families and children where an allegation of child abuse or neglect has been made. 10. For child protective service personnel responsible for intake, screening, assessment, and investigation of child abuse and neglect reports in the State — A. information on the education, qualifications, and training requirements established by the State for child protective service professionals, including for entry and advancement in the profession, including advancement to supervisory positions; B. data of the education, qualifications, and training of such personnel; C. demographic information of the child protective service personnel; and 33 e f. D. information on caseload or workload requirements for such personnel, including requirements for average number and maximum number of cases per child protective service worker and supervisor. 11. The number of children reunited with their families or receiving family preservation services that, within five years, result in subsequent substantiated reports of child abuse or neglect, including the death of the child. 12. The number of children for whom individuals were appointed by the court to represent the best interests of such children and the average number of out of court contacts between such individuals and children. 13. The annual report containing the summary of activities of the citizen review panels of the State required by subsection (c)(6). 14. The number of children under the care of the State child protection system who are transferred into the custody of the State juvenile justice system. 15. The number of children referred to a child protective services system under subsection (b)(2)(13)(ii). 16. The number of children determined to be eligible for referral, and the number of children referred, under subsection (b)(2)(B)(xxi), to agencies providing early intervention services under part C of the Individuals with Disabilities Education Act (20 U.S.C. 1431 et seq.). 17. The number of children determined to be victims described in subsection (b)(2)(B)(xxiv). 18. The number of infants — A. identified under subsection (b)(2)(B)(ii); B. for whom a plan of safe care was developed under subsection (b)(2)(B)(iii); and C. for whom a referral was made for appropriate services, including services for the affected family or caregiver; under subsection (b)(2)(13)(iii). ANNUAL REPORT BY SECRETARY. —Within 6 months after receiving the State reports under subsection (d) of this section, the Secretary shall prepare a report based on information provided by the States for the fiscal year under such subsection and shall make the report and such information available to the Congress and the national clearinghouse for information relating to child abuse and neglect. ALLOTMENTS. 1. DEFINITIONS.In this subsection: A. FISCAL YEAR 2009 GRANT FUNDS. —The term `fiscal year 2009 grant funds' means the amount appropriated under section 112 for fiscal year 2009, and not reserved under section 112(a)(2). B. GRANT FUNDS. —The term `grant funds' means the amount appropriated under section 112 for a fiscal year and not reserved under section I12(a)(2). C. STATE. —The term `State' means each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico. D. TERRITORY. —The term The term `territory' means Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. 34 2. IN GENERAL. —Except as otherwise provided in this section, the Secretary shall make allotments to each State and territory that applies for a grant under this section in an amount equal to the sum of A. $50,000; and B. an amount that bears the same relationship to any grant funds remaining after all such States and territories have received $50,000, as the number of children under the age of 18 in the State or territory bears to the number of such children in all States and territories that apply for such a grant. ALLOTMENTS FOR DECREASED APPROPRIATION YEARS. —In the case where the grant funds for a fiscal year are less than the fiscal year 2009 grant funds, the Secretary shall ratably reduce each of the allotments under paragraph (2) for such fiscal year. 4. ALLOTMENTS FOR INCREASED APPROPRIATION YEARS. A. MINIMUM ALLOTMENTS TO STATES FOR INCREASED APPROPRIATION YEARS. —In any fiscal year for which the grant funds exceed the fiscal year 2009 grant funds by more than $1,000,000, the Secretary shall adjust the allotments under paragraph (2), as necessary, such that no State that applies for a grant under this section receives an allotment in an amount that is less than i. $100,000, for a fiscal year in which the grant funds exceed the fiscal year 2009 grant funds by more than $1,000,000 but less than $2,000,000; ii. $125,000, for a fiscal year in which the grant funds exceed the fiscal year 2009 grant funds by at least $2,000,000 but less than $3,000,000; and iii. $150,000, for a fiscal year in which the grant funds exceed the fiscal year 2009 grant funds by at least $3,000,000. B. ALLOTMENT ADJUSTMENT. —In the case of a fiscal year for which subparagraph (A) applies and the grant funds are insufficient to satisfy the requirements of such subparagraph (A), paragraph (2), and paragraph (5), the Secretary shall, subject to paragraph (5), ratably reduce the allotment of each State for which the allotment under paragraph (2) is an amount that exceeds the applicable minimum under subparagraph (A), as necessary to ensure that each State receives the applicable minimum allotment under subparagraph (A). HOLD HARMLESS. —Notwithstanding paragraphs (2) and (4), except as provided in paragraph (3), no State or territory shall receive a grant under this section in an amount that is less than the amount such State or territory received under this section for fiscal year 2009. Sec. 107. GRANTS TO STATES FOR PROGRAMS RELATING TO INVESTIGATION AND PROSECUTION OF CHILD ABUSE AND NEGLECT CASES. [42 U.S.C. 5106c] a. GRANTS TO STATES. —The Secretary, in consultation with the Attorney General, is authorized to make grants to the States for the purpose of assisting States in developing, establishing, and operating programs designed to improve- 35 1. the assessment and investigation of suspected child abuse and neglect cases, including cases of suspected child sexual abuse and exploitation, in a manner that limits additional trauma to the child and the child's family; 2. the assessment and investigation of cases of suspected child abuse -related fatalities and suspected child neglect -related fatalities; 3. the investigation and prosecution of cases of child abuse and neglect, including child sexual abuse and exploitation; and 4. the assessment and investigation of cases involving children with disabilities or serious health -related problems who are suspected victims of child abuse or neglect. b. ELIGIBILITY REQUIREMENTS.In order for a State to qualify for assistance under this section, such State shall — I. fulfill the requirements of section 106(b) [of this title]; 2. establish a task force as provided in subsection (c) [of this section]; 3. fulfill the requirements of subsection (d) [of this section]; 4. submit annually an application to the Secretary at such time and containing such information and assurances as the Secretary considers necessary, including an assurance that the State will — A. make such reports to the Secretary as may reasonably be required; and B. maintain and provide access to records relating to activities under subsections (a) and (b) of this section; and 5. submit annually to the Secretary a report on the manner in which assistance received under this program was expended throughout the State, with particular attention focused on the areas described in paragraphs (1) through (3) of subsection (a) of this section. c. STATE TASK FORCES. — GENERAL RULE. —Except as provided in paragraph (2), a State requesting assistance under this section shall establish or designate, and maintain, a State multidisciplinary task force on children's justice (hereinafter referred to as "State task force") composed of professionals with knowledge and experience relating to the criminal justice system and issues of child physical abuse, child neglect, child sexual abuse and exploitation, and child maltreatment related fatalities. The State task force shall include — A. individuals representing the law enforcement community; B. judges and attorneys involved in both civil and criminal court proceedings related to child abuse and neglect (including individuals involved with the defense as well as the prosecution of such cases); C. child advocates, including both attorneys for children and, where such programs are in operation, court appointed special advocates; D. health and mental health professionals; E. individuals representing child protective service agencies; F. individuals experienced in working with children with disabilities; G. parents; H. representatives of parents' groups; I. adult former victims of child abuse and or neglect; and 36 e J. individuals experienced in working with homeless children and youths (as defined in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a)). 2. EXISTING TASK FORCE. —As determined by the Secretary, a State commission or task force established after January 1, 1983, with substantially comparable membership and functions, may be considered the State task force for purposes of this subsection. STATE TASK FORCE STUDY. —Before a State receives assistance under this section, and at three year intervals thereafter, the State task force shall comprehensively 1. review and evaluate State investigative, administrative and both civil and criminal judicial handling of cases of child abuse and neglect, including child sexual abuse and exploitation, as well as cases involving suspected child maltreatment related fatalities and cases involving a potential combination of jurisdictions, such as intrastate, interstate, Federal -State, and State -Tribal; and 2. make policy and training recommendations in each of the categories described in subsection (e) of this section. The task force may make such other comments and recommendations as are considered relevant and useful. ADOPTION OF STATE TASK FORCE RECOMMENDATIONS.— l. GENERAL RULE. —Subject to the provisions of paragraph (2), before a State receives assistance under this section, a State shall adopt recommendations of the State task force in each of the following categories A. investigative, administrative, and judicial handling of cases of child abuse and neglect, including child sexual abuse and exploitation, as well as cases involving suspected child maltreatment related fatalities and cases involving a potential combination of jurisdictions, such as intrastate, interstate, Federal -State, and State -Tribal, in a manner which reduces the additional trauma to the child victim and the victim's family and which also ensures procedural fairness to the accused; B. experimental, model, and demonstration programs for testing innovative approaches and techniques which may improve the prompt and successful resolution of civil and criminal court proceedings or enhance the effectiveness of judicial and administrative action in child abuse and neglect cases, particularly child sexual abuse and exploitation cases, including the enhancement of performance of court appointed attorneys and guardians ad litem for children, and which also ensure procedural fairness to the accused; and C. reform of State laws, ordinances, regulations, protocols, and procedures to provide comprehensive protection for children, which may include those children involved in reports of child abuse or neglect with a potential combination of jurisdictions, such as intrastate, interstate, Federal -State, and State -Tribal, from child abuse and neglect, including child sexual abuse and exploitation, while ensuring fairness to all affected persons. 2. EXEMPTION.As determined by the Secretary, a State shall be considered to be in fulfillment of the requirements of this subsection if — A. the State adopts an alternative to the recommendations of the State task force, which carries out the purpose of this section, in each of the 37 categories under paragraph (1) for which the State task force's recommendations are not adopted; or B. the State is making substantial progress toward adopting recommendations of the State task force or a comparable alternative to such recommendations. f. FUNDS AVAILABLE. —For grants under this section, the Secretary shall use the amount authorized by section 10603a of this title (42 U.S.C. 10603a). See. 108. MISCELLANEOUS REQUIREMENTS RELATING TO ASSISTANCE. [42 U.S.C. 5106d] a. CONSTRUCTION OF FACILITIES. 1. RESTRICTION ON USE OF FUNDS. —Assistance provided under this Act may not be used for construction of facilities. 2. LEASE, RENTAL, OR REPAIR. —The Secretary may authorize the use of funds received under this Act A. where adequate facilities are not otherwise available, for the lease or rental of facilities; or B. for the repair or minor remodeling or alteration of existing facilities. b. GEOGRAPHICAL DISTRIBUTION. —The Secretary shall establish criteria designed to achieve equitable distribution of assistance under this Act among the States, among geographic areas of the Nation, and among rural and urban areas of the Nation. To the extent possible, the Secretary shall ensure that the citizens of each State receive assistance from at least one project under this Act. c. LIMITATION. —No funds appropriated for any grant or contract pursuant to authorizations made in this Act may be used for any purpose other than that for which such funds were authorized to be appropriated. d. SENSE OF CONGRESS.It is the sense of Congress that the Secretary should encourage all States and public and private entities that receive assistance under this title to 1. ensure that children and families with limited English proficiency who participate in programs under this title are provided with materials and services through such programs in an appropriate language other than English; and 2. ensure that individuals with disabilities who participate in programs under this title are provided with materials and services through such programs that are appropriate to their disabilities. e. ANNUAL REPORT. —State that receives funds under section 106(a) [42 U.S.C. 5106A] shall annually prepare and submit to the Secretary a report describing the manner in which funds provided under this Act, alone or in combination with other Federal funds, were used to address the purposes and achieve the objectives of section 106. See. 109. COORDINATION OF CHILD ABUSE AND NEGLECT PROGRAMS 142 U.S.C. 5106e] The Secretary shall prescribe regulations and make such arrangements as may be necessary or appropriate to ensure that there is effective coordination among programs related to child abuse and neglect under this Act and other such programs which are assisted by Federal funds. Sec. 110. REPORTS. [42 U.S.C. 5106fJ a. COORDINATION EFFORTS. —Not later than 1 year after the date of enactment of the CAPTA Reauthorization Act of 2010, the Secretary shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on efforts to coordinate the objectives and activities of agencies and organizations which are responsible for programs and activities related to child abuse and neglect. Not later than 3 years after that date of enactment, the Secretary shall submit to those committees a second report on such efforts during the 3-year period following that date of enactment. Not later than 5 years after that date of enactment, the Secretary shall submit to those committees a third report on such efforts during the 5-year period following that date of enactment. b. EFFECTIVENESS OF STATE PROGRAMS AND TECHNICAL ASSISTANCE. —Not later than 2 years after the date of enactment of the CAPTA Reauthorization Act of 2010 and every 2 years thereafter, the Secretary shall submit to Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report evaluating the effectiveness of programs receiving assistance under section 106 in achieving the objectives of section 106. STUDY AND REPORT RELATING TO CITIZEN REVIEW PANELS.- 1. IN GENERAL. —The Secretary shall conduct a study to determine the effectiveness of citizen review panels, established under section 106(c), in achieving the stated function of such panels under section 106(c)(4)(A) of A. examining the policies, procedures, and practices of State and local child protection agencies; and B. evaluating the extent to which such State and local child protection agencies are fulfilling their child protection responsibilities, as described in clauses (i) through (iii) of section 106(c)(4)(A). 2. CONTENT OF STUDY. —The study described in paragraph (1) shall be completed in a manner suited to the unique design of citizen review panels, including consideration of the variability among the panels within and between States. The study shall include the following: A. Data describing the membership, organizational structure, operation, and administration of all citizen review panels and the total number of such panels in each State. B. A detailed summary of the extent to which collaboration and information - sharing occurs between citizen review panels and State child protective services agencies or any other entities or State agencies. The summary shall include a description of the outcomes that result from collaboration and information sharing. C. Evidence of the adherence and responsiveness to the reporting requirements under section 106(c)(6) by citizen review panels and States. REPORT. —Not later than 2 years after the date of enactment of the CAPTA Reauthorization Act of 2010, the Secretary shall submit to the to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives a report that contains the results of the study conducted under paragraph (1). 39 d. STUDY AND REPORT RELATING TO IMMUNITY FROM PROSECUTION FOR PROFESSIONAL CONSULTATION IN SUSPECTED AND KNOWN INSTANCES OF CHILD ABUSE AND NEGLECT. l . STUDY. —The Secretary shall complete a study, in consultation with experts in the provision of healthcare, law enforcement, education, and local child welfare administration, that examines how provisions for immunity from prosecution under State and local laws and regulations facilitate and inhibit individuals cooperating, consulting, or assisting in making good faith reports, including mandatory reports, of suspected or known instances of child abuse or neglect. 2. REPORT. —Not later than 1 year after the date of the enactment of the CAPTA Reauthorization Act of 2010, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives a report that contains the results of the study conducted under paragraph (1) and any recommendations for statutory or regulatory changes the Secretary determines appropriate. Such report may be submitted electronically. Sec. 111. DEFINITIONS. [42 US.C. 5106g] a. Definitions.— For purposes of this title [42 U.S.C. 5101 et. seq.] 1. the term `Alaska Native' has the meaning given the term `Native' in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602); 2. the term `infant or toddler with a disability' has the meaning given in section 632 of the Individuals with Disabilities Education Act (20 U.S.C. 1432); 3. the term `Native Hawaiian' has the meaning given the term in section 7207 of the Elementary and Secondary Education Act of 1965 (20 U.S.0 7517); 4. the term "sexual abuse" includes — A. the employment, use, persuasion, inducement, enticement, or coercion of any child to engage in, or assist any other person to engage in, any sexually explicit conduct or simulation of such conduct for the purpose of producing a visual depiction of such conduct; or B. the rape, and in cases of caretaker or inter -familial relationships, statutory rape, molestation, prostitution, or other form of sexual exploitation of children, or incest with children; and 5. the term "withholding of medically indicated treatment" means the failure to respond to the infant's life -threatening conditions by providing treatment (including appropriate nutrition, hydration, and medication) which, in the treating physician's or physicians' reasonable medical judgment, will be most likely to be effective in ameliorating or correcting all such conditions, except that the term does not include the failure to provide treatment (other than appropriate nutrition, hydration, or medication) to an infant when, in the treating physician's or physicians' reasonable medical judgment — A. the infant is chronically and irreversibly comatose; B. the provision of such treatment would— i. merely prolong dying; ii. not be effective in ameliorating or correcting all of the infant's life - threatening conditions; or M iii. otherwise be futile in terms of the survival of the infant; or C. the provision of such treatment would be virtually futile in terms of the survival of the infant and the treatment itself under such circumstances would be inhumane. b. SPECIAL RULE.- 1. IN GENERAL. — For purposes of section 3(2) and subsection (a)(4), a child shall be considered a victim of `child abuse and neglect' and of `sexual abuse' if the child is identified, by a State or local agency employee of the State or locality involved, as being a victim of sex trafficking (as defined in paragraph (10) of section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102)) or a victim of severe forms of trafficking in persons described in paragraph (9)(A) of that section. 2. STATE OPTION.— Notwithstanding the definition of `child' in section (3)(1), a State may elect to define that term for purposes of the application of paragraph (1) to section (3)(2) and subsection (a)(4) as a person who has not attained the age of 24. Sec. 112. AUTHORIZATION OF APPROPRIATIONS. [42 U.S.C. 5106h] a. IN GENERAL. 1. GENERAL AUTHORIZATION. —There are authorized to be appropriated to carry out this title, $120,000,000 for fiscal year 2010, and such sums as may be necessary for each of the fiscal years 2011 through 2015. 2. DISCRETIONARY ACTIVITIES. — A. IN GENERAL. —Of the amounts appropriated for a fiscal year under paragraph (1), the Secretary shall make available 30 percent of such amounts to fund discretionary activities under this title. B. DEMONSTRATION PROJECTS. —Of the amounts made available for a fiscal year under subparagraph (A), the Secretary shall make available not more than 40 percent of such amounts to carry out section 104. b. AVAILABILITY OF FUNDS WITHOUT FISCAL YEAR LIMITATION. The Secretary shall ensure that funds appropriated pursuant to authorizations in this title shall remain available until expended for the purposes for which they were appropriated. Sec. 113. RULE OF CONSTRUCTION. [42 U.S.C. 5106i] a. IN GENERAL. —Nothing in this Act shall be construed - I . as establishing a Federal requirement that a parent or legal guardian provide a child any medical service or treatment against the religious beliefs of the parent or legal guardian; and 2. to require that a State find, or to prohibit a State from finding, child abuse or neglect in cases in which a parent or legal guardian relies solely or partially upon spiritual means rather than medical treatment, in accordance with the religious beliefs of the parent or legal guardian. b. STATE REQUIREMENT. —Notwithstanding subsection (a), a State shall, at a minimum, have in place authority under State law to permit the child protective services system of the State to pursue any legal remedies, including the authority to initiate legal proceedings in a court of competent jurisdiction, to provide medical care or treatment for a child when such care or treatment is necessary to prevent or remedy serious harm to the 41 child, or to prevent the withholding of medically indicated treatment from children with life threatening conditions. Except with respect to the withholding of medically indicated treatments from disabled infants with life threatening conditions, case by case determinations concerning the exercise of the authority of this subsection shall be within the sole discretion of the State. Sec. 114. MONITORING AND OVERSIGHT. The Secretary shall conduct monitoring to ensure that each State that receives a grant under section 106 is in compliance with the requirements of section 106(b), which 1. shall — A. be in addition to the review of the State plan upon its submission under section 106(b)(1)(A); and B. include monitoring of State policies and procedures required under clauses (ii) and (iii) of section 106(b)(2)(B); and 2. may include A. a comparison of activities carried out by the State to comply with the requirements of section 106(b) with the State plan most recently approved under section 432 of the Social Security Act; B. a review of information available on the website of the State relating to its compliance with the requirements of section 106(b); C. site visits, as may be necessary to carry out such monitoring; and D. a review of information available in the State's Annual Progress and Services Report most recently submitted under section 1357.16 of title 45, Code of Federal Regulations (or successor regulations). TITLE II -COMMUNITY -BASED GRANTS FOR THE PREVENTION OF CHILD ABUSE AND NEGLECT Sec. 204. PURPOSE AND AUTHORITY. [42 U.S.C. 51161 a. PURPOSE.It is the purpose of this title 1. to support community -based efforts to develop, operate, expand, enhance, and coordinate initiatives, programs, and activities to prevent child abuse and neglect and to support the coordination of resources and activities, to better strengthen and support families to reduce the likelihood of child abuse and neglect; and 2. to foster an understanding, appreciation, and knowledge of diverse populations in order to be effective in preventing and treating child abuse and neglect. b. AUTHORITY. —The Secretary shall make grants under this title on a formula basis to the entity designated by the State as the lead entity (referred to in this title as the "lead entity") under section 202(1) for the purpose of— l. developing, operating, expanding, and enhancing community -based and prevention -focused programs and activities designed to strengthen and support families to prevent child abuse and neglect that are accessible, effective, culturally appropriate, and build on existing strengths that— Wj A. offer assistance to families; B. provide early, comprehensive support for parents; C. promote the development of parenting skills, especially in young parents and parents with very young children; D. increase family stability; E. improve family access to other formal and informal resources and opportunities for assistance available within communities, including access to such resources and opportunities for unaccompanied homeless youth; F. support the additional needs of families with children with disabilities through respite care and other services; G. demonstrate a commitment to involving parents in the planning and program implementation of the lead agency and entities carrying out local programs funding under this title, including involvement of parents of children with disabilities, parents who are individuals with disabilities, racial and ethnic minorities, and members of other underrepresented or underserved groups; and; H. provide referrals to early health and developmental services; 2. fostering the development of a continuum of preventive services for children and families, including unaccompanied homeless youth, through State and community -based collaborations and partnerships both public and private; 3. financing the start-up, maintenance, expansion, or redesign of specific community -based child abuse and neglect prevention program services (such as respite care services, child abuse and neglect prevention activities, disability services, mental health services, substance abuse treatment services, domestic violence services, housing services, transportation, adult education, home visiting and other similar services) identified by the inventory and description of current services required under section 205(a)(3) as an unmet need, and integrated with the network of community -based child abuse and neglect prevention program to the extent practicable given funding levels and community priorities; 4. maximizing funding through leveraging of funds for the financing, planning, community mobilization, collaboration, assessment, information and referral, startup, training and technical assistance, information management and reporting, reporting and evaluation costs for establishing, operating, or expanding community -based and prevention -focused programs and activities designed to strengthen and support families to prevent child abuse and neglect; and 5. financing public information activities that focus on the healthy and positive development of parents and children and the promotion of child abuse and neglect prevention activities. Sec. 202. ELIGIBILITY. [42 U.S.C. 5116a] A State shall be eligible for a grant under this title for a fiscal year if 1. 43 A. the Governor of the State has designated a lead entity to administer funds under this title for the purposes identified under the authority of this title, including to develop, implement, operate, enhance, or expand community -based and prevention -focused programs and activities designed to strengthen and support families to prevent child abuse and neglect; B. such lead entity is an existing public, quasi -public, or nonprofit private entity (which may be an entity that has not been established pursuant to State legislation, executive order, or any other written authority of the State that exists to strengthen and support families to prevent child abuse and neglect) with a demonstrated ability to work with other State and community -based agencies to provide training and technical assistance, and that has the capacity and commitment to ensure the meaningful involvement of parents who are consumers and who can provide leadership in the planning, implementation, and evaluation of programs and policy decisions of the applicant agency in accomplishing the desired outcomes for such efforts; C. in determining which entity to designate under subparagraph (A), the Governor should give priority consideration equally to a trust fund advisory board of the State or to an existing entity that leverages Federal, State, and private funds for a broad range of child abuse and neglect prevention activities and family resource programs, and that is directed by an interdisciplinary, public -private structure, including participants from communities; and D. in the case of a State that has designated a State trust fund advisory board for purposes of administering funds under this title (as such, title was in effect on the date of the enactment of the Child Abuse Prevention and Treatment Act Amendments of 1996) and in which one or more entities that leverage Federal, State, and private funds (as described in subparagraph (C)) exist, the Governor shall designate the lead entity only after full consideration of the capacity and expertise of all entities desiring to be designated under subparagraph (A); 2. the Governor of the State provides assurances that the lead entity will provide or will be responsible for providing — A. community -based and prevention -focused programs and activities designed to strengthen and support families to prevent child abuse and neglect composed of local, collaborative, public -private partnerships directed by interdisciplinary structures with balanced representation from private and public sector members, parents, adult former victims of child abuse and neglect, and public and private nonprofit service providers and individuals and organizations experienced in working in partnership with families with children with disabilities; B. direction through an interdisciplinary, collaborative, public -private structure with balanced representation from private and public sector members, parents, adult former victims of child abuse and neglect, public sector and private nonprofit sector service providers, and parents with disabilities; and C. direction and oversight through identified goals and objectives, clear lines of communication and accountability, the provision of leveraged or combined funding from Federal, State, and private sources, centralized assessment and planning activities, the provision of training and technical assistance, and reporting and evaluation functions; and 3. the Governor of the State provides assurances that the lead entity A. has a demonstrated commitment to parental participation in the development, operation, and oversight of the community -based and prevention -focused programs and activities designed to strengthen and support families to prevent child abuse and neglect; B. has a demonstrated ability to work with State and community -based public and private nonprofit organizations to develop a continuum of preventive, family centered, comprehensive services for children and families through the community -based and prevention -focused programs and activities designed to strengthen and support families to prevent child abuse and neglect; C. has the capacity to provide operational support (both financial and programmatic) training, technical assistance, and evaluation assistance, to community -based and prevention -focused programs and activities designed to strengthen and support families to prevent child abuse and neglect, through innovative, interagency funding and interdisciplinary service delivery mechanisms; and D. will integrate its efforts with individuals and organizations experienced in working in partnership with families with children with disabilities, parents with disabilities, and with the child abuse and neglect prevention activities of the State, and demonstrate a financial commitment to those activities. Sec. 203. AMOUNT OF GRANT. [42 U.S.C. 5116b] a. RESERVATION. —The Secretary shall reserve l percent of the amount appropriated under section 5116i of this title for a fiscal year to make allotments to Indian tribes and tribal organizations and migrant programs. b. REMAINING AMOUNTS. IN GENERAL. —The Secretary shall allot the amount appropriated under section 5116i of this title for a fiscal year and remaining after the reservation under subsection (a) of this section among the States as follows: A. 70-PERCENT. 70 percent of such amount appropriated shall be allotted among the States by allotting to each State an amount that bears the same proportion to such amount appropriated as the number of children under the age of 18 residing in the State bears to the total number of children under the age of 18 residing in all States (except that no State shall receive less than $175,000 under this subparagraph). B. 30-PERCENT.30 percent of such amount appropriated shall be allotted among the States by allotting to each State an amount that bears the same proportion to such amount appropriated as the amount of private, State, or other non -Federal funds leveraged and directed through the currently designated State lead entity in the preceding fiscal year bears to the aggregate of the amounts leveraged by all States from private, State, or other non -Federal sources and directed through the current lead entity of such States in the preceding fiscal year. 2. ADDITIONAL REQUIREMENTS. —The Secretary shall provide allotments under paragraph (1) to the State lead entity. c. ALLOCATION. —Funds allotted to a State under this section- 45 1. shall be for a 3-year period; and 2. shall be provided by the Secretary to the State on an annual basis, as described in subsection (b) of this section See. 204. APPLICATION. [42 U.S.C. 5116d] A grant may not be made to a State under this title unless an application therefore is submitted by the State to the Secretary and such application contains the types of information specified by the Secretary as essential to carrying out the provisions of section 202, including — I. a description of the lead entity that will be responsible for the administration of funds provided under this title and the oversight of programs funded through the community - based and prevention -focused programs and activities designed to strengthen and support families to prevent child abuse and neglect which meets the requirements of section 202; 2. a description of how the community -based and prevention -focused programs and activities designed to strengthen and support families to prevent child abuse and neglect will operate, including how community -based child abuse and neglect prevention programs provided by public and private, nonprofit organizations, will be integrated into a developing continuum of family centered, holistic, preventive services for children and families; 3. a description of the inventory of current unmet needs and current community -based and prevention -focused programs and activities to prevent child abuse and neglect, and other family resource services operating in the State; 4. a budget for the development, operation, and expansion of the community -based and prevention -focused programs and activities designed to strengthen and support families to prevent child abuse and neglect that verifies that the State will expend in non -Federal funds an amount equal to not less than 20 percent of the amount received under this title (in cash, not in -kind) for activities under this title; 5. an assurance that funds received under this title will supplement, not supplant, other State and local public funds designated for the start up, maintenance, expansion, and redesign of community -based and prevention -focused programs and activities designed to strengthen and support families to prevent child abuse and neglect; 6. a description of the State's capacity to ensure the meaningful involvement of parents who are consumers, of family advocates, and of adult former victims of child abuse or neglect, who can provide leadership in the planning, implementation, and evaluation of the programs and policy decisions of the applicant agency in accomplishing the desired outcomes for such efforts; 7. a description of the criteria that the entity will use to develop, or select and fund, community -based and prevention -focused programs and activities designed to strengthen and support families to prevent child abuse and neglect as part of network development, expansion, or enhancement; 8. a description of outreach activities that the entity and the community -based and prevention -focused programs designed to strengthen and support families to prevent child abuse and neglect will undertake to maximize the participation of racial and ethnic minorities, children and adults with disabilities, homeless families and those at risk of M homelessness, unaccompanied homeless youth, and members of other underserved or underrepresented groups; 9. a plan for providing operational support, training, and technical assistance to community - based and prevention -focused programs and activities designed to strengthen and support families to prevent child abuse and neglect for development, operation, expansion and enhancement activities; 10. a description of how the applicant entity's activities and those of the network and its members (where appropriate) will be evaluated; 11. a description of the actions that the applicant entity will take to advocate systemic changes in State policies, practices, procedures, and regulations to improve the delivery of community -based and prevention -focused programs and activities designed to strengthen and support families to prevent child abuse and neglect services to children and families; and 12. an assurance that the applicant entity will provide the Secretary with reports at such time and containing such information as the Secretary may require. Sec. 205. LOCAL PROGRAM REQUIREMENTS. [42 U.S.C. 5116e] a. IN GENERAL. —Grants made under this title shall be used to develop, implement, operate, expand, and enhance community -based, and prevention -focused programs and activities designed to strengthen and support families to prevent child abuse and neglect that— l. assess community assets and needs through a planning process that involves parents, local public agencies, local nonprofit organizations, and private sector representatives in meaningful roles; 2. develop a comprehensive strategy to provide a continuum of preventive, family - centered services to children and families, especially to young parents, to parents with young children, and to parents who are adult former victims of domestic violence or child abuse or neglect, through public -private partnerships; 3. A. provide for core child abuse and neglect prevention services, which may be provided directed by the local recipient of the grant funds or through grants or agreements with other local agencies, such as i. parent education, mutual support and self help, and parent leadership services; ii. respite care services; iii. outreach and followup services, which may include voluntary home visiting services; and iv. community and social service referrals; and B. provide access to optional services, including— i. referral to and counseling for adoption services for individuals interested in adopting a child or relinquishing their child for adoption; ii. child care, early childhood education and care, and intervention services; iii. referral to services and supports to meet the additional needs of families with children with disabilities and parents who are individuals with disabilities; 47 iv. referral to job readiness services; V. referral to educational services, such as academic tutoring, literacy training, and General Educational Degree services; vi. self-sufficiency and life management skills training; vii. community referral services, including early developmental screening of children; viii. peer counseling; and ix. domestic violence service programs that provide services and treatment to children and their non -abusing caregivers. 4. develop leadership roles for the meaningful involvement of parents in the development, operation, evaluation, and oversight of the programs and services; 5. provide leadership in mobilizing local public and private resources to support the provision of needed child abuse and neglect prevention program services; and 6. participate with other community -based and prevention -focused programs and activities designed to strengthen and support families to prevent child abuse and neglect in the development, operation, and expansion of networks where appropriate. b. PRIORITY.In awarding local grants under this title, a lead entity shall give priority to effective community -based programs serving low-income communities and those serving young parents or parents with young children, including community -based child abuse and neglect prevention programs. Sec. 206. PERFORMANCE MEASURES. [42 U.S.C. 5116fJ A State receiving a grant under this title, through reports provided to the Secretary — I. shall demonstrate the effective development, operation, and expansion of a community - based and prevention -focused programs and activities designed to strengthen and support families to prevent child abuse and neglect that meets the requirements of this title; 2. shall supply an inventory and description of the services provided to families by local programs that meet identified community needs, including core and optional services as described in section 202 which description shall specify whether those services are supported by research; 3. shall demonstrate that they will have addressed unmet needs identified by the inventory and description of current services required under section 204(3)4; 4. shall describe the number of families served, including families with children with disabilities, and parents with disabilities, and the involvement of a diverse representation of families in the design, operation, and evaluation of community -based and prevention - focused programs and activities designed to strengthen and support families to prevent child abuse and neglect, and in the design, operation and evaluation of the networks of such community -based and prevention -focused programs; 5. shall demonstrate a high level of satisfaction among families who have used the services of the community -based and prevention -focused programs and activities designed to strengthen and support families to prevent child abuse and neglect; 4 This represents the probable intent of Congress. The 2010 CAPTA reauthorization changed 205(3) to 204(3) in paragraph (4), but that citation does not exist in paragraph (4). . ,a 6. shall demonstrate the establishment or maintenance of innovative funding mechanisms, at the State or community level, that blend Federal, State, local, and private funds, and innovative, interdisciplinary service delivery mechanisms, for the development, operation, expansion, and enhancement of the community -based and prevention -focused programs and activities designed to strengthen and support families to prevent child abuse and neglect; 7. shall describe the results of evaluation, or the outcomes of monitoring, conducted under the State program to demonstrate the effectiveness of activities conducted under this title in meeting the purposes or the program; and 8. shall demonstrate an implementation plan to ensure the continued leadership of parents in the on -going planning, implementation, and evaluation of such community -based and prevention -focused programs and activities designed to strengthen and support families to prevent child abuse and neglect. Sec. 207. NATIONAL NETWORK FOR COMMUNITY -BASED FAMILY RESOURCE PROGRAMS. [42 U.S.C. 5116g] The Secretary may allocate such sums as may be necessary from the amount provided under the State allotment to support the activities of the lead entity in the State — I. to create, operate, and maintain a peer review process; 2. to create, operate, and maintain an information clearinghouse; 3. to fund a yearly symposium on State system change efforts that result from the operation of the community -based and prevention -focused programs and activities designed to strengthen and support families to prevent child abuse and neglect; 4. to create, operate, and maintain a computerized communication system between lead entities; and 5. to fund State -to -State technical assistance through bi-annual conferences. Sec. 208. DEFINITIONS. [42 U.S.C. 5116h] For purposes of this title: 1. COMMUNITY REFERRAL SERVICES. —The term "community referral services" means services provided under contract or through interagency agreements to assist families in obtaining needed information, mutual support and community resources, including respite care services, health and mental health services, employability development and job training, and other social services, including early developmental screening of children, through help lines or other methods. 2. COMMUNITY -BASED AND PREVENTION -FOCUSED PROGRAMS AND ACTIVITIES TO PREVENT CHILD ABUSE AND NEGLECT. —The term "community -based and prevention -focused programs and activities to strengthen and support families to prevent child abuse and neglect" includes organizations such as family resource programs, family support programs, voluntary home visiting programs, respite care programs, parenting education, mutual support programs, and other .• community programs or networks of such programs that provide activities that are designed to prevent or respond to child abuse and neglect. 3. RESPITE CARE SERVICES.— The term "respite care services" means short term care services, including the services of crisis nurseries, provided in the temporary absence of the regular caregiver (parent, other relative, foster parent, adoptive parent, or guardian) to children who — A. are in danger of child abuse or neglect; B. have experienced child abuse or neglect; or C. have disabilities or chronic or terminal illnesses. Such services shall be provided within or outside the home of the child, be short-term care (ranging from a few hours to a few weeks of time, per year), and be intended to enable the family to stay together and to keep the child living in the home and community of the child. Sec. 209. AUTHORIZATION OF APPROPRIATIONS. [42 U.S.C. 5116i] There are authorized to be appropriated to carry out this title, $80,000,000 for fiscal year 2010 and such sums as may be necessary for each of the fiscal years 2011 through 2015. SECTION II: ADOPTION OPPORTUNITIES Sec. 201. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE. [42 U.S.C. 51111 a. FINDINGS. —Congress finds that— l. on the last day of fiscal year 2009, some 424,000 children were living in temporary foster family homes or other foster care settings; 2. most children in foster care are victims of child abuse or neglect by their biological parents and their entry into foster care brought them the additional trauma of separation from their homes and often their communities; 3. on average, children entering foster care have more physical and mental health needs than do children in the general population, and some require intensive services because the children entering foster care — A. were born to mothers who did not receive prenatal care; B. were born with life -threatening conditions or disabilities; C. were born addicted to alcohol or other drugs; or D. have HIV/AIDS; 4. each year, thousands of children in foster care, regardless of their age, the size of the sibling group they are a part of, their racial or ethnic status, their medical condition, or any physical, mental or emotional disability they may have, are in need of placement with permanent, loving, adoptive families; 5. 50 16 A. States have made important strides in increasing the number of children who are placed in permanent homes with adoptive parents and in reducing the length of time children wait for such a placement; and B. many thousands of children, however, still remain in institutions or foster homes solely because of legal and other barriers to such a placement; A. on the last day of fiscal year 2009, there were 115,000 children waiting for adoption; B. children waiting for adoption have had parental rights of all living parents terminated or the children have a permanency goal of adoption; C. i. the average age of children adopted with public child welfare agency involvement during fiscal year 2009 was a little more than 6 years; and ii. the average age of children waiting for adoption on the last day of that fiscal year was a little more than 8 years of age and more than 30,000 of those children were 12 years of age or older; and D. i. 25 percent of the children adopted with public child welfare agency involvement during fiscal year 2009 were African -American; and ii. 30 percent of the children waiting for adoption on the last day of fiscal year 2009 were African -American; 7. adoption may be the best alternative for assuring the healthy development of children placed in foster care; 8. there are qualified persons seeking to adopt such children who are unable to do so because of barriers to their placement and adoption; and 9. in order both to enhance the stability of and love in the home environments of such children and to avoid wasteful expenditures of public funds, such children A. should not have medically indicated treatment withheld from them; or B. be maintained in foster care or institutions when adoption is appropriate and families can be found for such children. b. PURPOSE.It is the purpose of this title to facilitate the elimination of barriers, including geographic barriers, to adoption and to provide permanent and loving home environments for children who would benefit from adoption, particularly older children, minority children, and children with special needs, including disabled infants with life -threatening conditions, by providing a mechanism to 1. promote quality standards for adoption services, pre -placement, post -placement, and post -legal adoption counseling, and standards to protect the rights of children in need of adoption; 2. maintain an Internet -based national adoption information exchange system to A. bring together children who would benefit from adoption and qualified prospective adoptive parents who are seeking such children; B. conduct national recruitment efforts in order to reach prospective parents for children awaiting adoption; and C. connect placement agencies, prospective adoptive parents, and adoptive parents to resources designed to reduce barriers to adoption, support adoptive families, and ensure permanency; and 51 3. demonstrate expeditious ways to free children for adoption for whom it has been determined that adoption is the appropriate plan. Sec. 203. INFORMATION AND SERVICES. [42 U.S.C. 5113] a. ESTABLISHMENT IN DEPARTMENT OF HEALTH AND HUMAN SERVICES. IN GENERAL. —The Secretary shall establish in the Department of Health and Human Services an appropriate administrative arrangement to provide a centralized focus for planning and coordinating of all departmental activities affecting adoption and foster care and for carrying out the provisions of this title. The Secretary shall make available such consultant services, on -site technical assistance and personnel, together with appropriate administrative expenses, including salaries and travel costs, as are necessary for carrying out such purposes, including services to facilitate the adoption of older children, minority children, and children with special needs, particularly infants and toddlers with disabilities who have life -threatening conditions, and services to families considering adoption of children with special needs. b. REQUIRED ACTIVITIES.— In connection with carrying out the provisions of this title, the Secretary shall - I . conduct (directly or by grant to or contract with public or private agencies or organizations) an education and training program on adoption, and prepare, publish, and disseminate (directly or by grant to or contract with public or private agencies and organizations) to all interested parties, public and private agencies and organizations (including, but not limited to, hospitals, health care and family planning clinics, and social services agencies), and governmental bodies, information and education and training materials regarding adoption, adoption assistance programs, and post -legal adoption services; 2. conduct, directly or by grant or contract with public or private organizations, ongoing, extensive recruitment efforts on a national level, including efforts to promote the adoption of older children, minority children, and children with special needs, develop national public awareness efforts to unite children in need of adoption with appropriate adoptive parents, and establish a coordinated referral system of recruited families with appropriate State or regional adoption resources to ensure that families are served in a timely fashion; 3. notwithstanding any other provision of law, provide (directly or by grant to or contract with public or private agencies or organizations) for A. the operation of a national adoption information exchange system (including only such information as is necessary to facilitate the adoptive placement of children, utilizing computers and data processing methods to assist in the location of children who would benefit by adoption and in the placement in adoptive homes of children awaiting adoption); and B. the coordination of such system with similar State and regional systems; 4. provide (directly or by grant to or contract with public or private agencies or organizations, including adoptive family groups and minority groups) for the provision of technical assistance in the planning, improving, developing, and carrying out of programs and activities relating to adoption, and to promote professional leadership training of minorities in the adoption field; 52 5. encourage involvement of corporations and small businesses in supporting adoption as a positive family -strengthening option, including the establishment of adoption benefit programs for employees who adopt children; 6. support the placement of children in kinship care arrangements, preadoptive, or adoptive homes; 7. increase the effective use of public or private agencies (including community - based and other organizations) by States, or sectarian institutions, for the recruitment of potential adoptive and foster families and to provide assistance in the placement of children for adoption, including assisting in efforts to work with organizations that promote the placement of older children, minority children, and children with special needs; 8. consult with other appropriate Federal departments and agencies in order to promote maximum coordination of the services and benefits provided under programs carried out by such departments and agencies with those carried out by the Secretary, and provide for the coordination of such aspects of all programs within the Department of Health and Human Services relating to adoption; 9. maintain (directly or by grant to or contract with public or private agencies or organizations) a National Resource Center for Special Needs Adoption to — A. promote professional leadership development of minorities in the adoption field; B. provide training and technical assistance to service providers and State agencies to improve professional competency in the field of adoption and the adoption of children with special needs; C. facilitate the development of interdisciplinary approaches to meet the needs of children who are waiting for adoption and the needs of adoptive families; and D. identify best practices to reduce adoption disruption and termination; 10. provide (directly or by grant to or contract with States, local government entities, tribal child welfare agencies, public or private licensed child welfare or adoption agencies or adoptive family groups and community -based organizations with experience in working with minority populations) for the provision of programs aimed at increasing the number of minority children (who are in foster care and have the goal of adoption) placed in adoptive families, with a special emphasis on recruitment of minority families — A. which may include such activities as i. outreach, public education, or media campaigns to inform the public of the needs and numbers of such children; ii. recruitment of prospective adoptive families for such children, including developing and using procedures to notify family and relatives when a child enters the child welfare system; iii. expediting, where appropriate, the legal availability of such children; iv. expediting, where appropriate, the agency assessment of prospective adoptive families identified for such children; V. formation of prospective adoptive family support groups; vi. training of personnel of- 53 I. public agencies; II. private child welfare and adoption agencies that are licensed by the State; and III. adoptive parents organizations and community -based organizations with experience in working with minority populations; vii. education and training of prospective adoptive or adoptive parents; viii. use of volunteers and adoptive parent groups; and ix. any other activities determined by the Secretary to further the purposes of this title; and B. shall be subject to the condition that such grants or contracts may be renewed if documentation is provided to the Secretary demonstrating that appropriate and sufficient placements of such children have occurred during the previous funding period; and 11. provide (directly or by grant to or contract with States, local government entities, or public or private licensed child welfare or adoption agencies) for the implementation of programs that are intended to increase the number of older children (who are in foster care and with the goal of adoption) placed in adoptive families, with a special emphasis on childspecific recruitment strategies, including — A. outreach, public education, or media campaigns to inform the public of the needs and numbers of older youth available for adoption; B. training of personnel in the special needs of older youth and the successful strategies of child -focused, child -specific recruitment efforts; and C. recruitment of prospective families for such children. SERVICES FOR FAMILIES ADOPTING SPECIAL NEEDS CHILDREN. — I. IN GENERAL. —The Secretary shall provide (directly or by grant to or contract with States, local government entities, public or private licensed child welfare or adoption agencies or adoptive family groups) for the provision of post legal adoption services for families who have adopted special needs children. 2. SERVICES.Services provided under grants made under this subsection shall supplement, not supplant, services from any other funds available for the same general purposes, including A. individual counseling; B. group counseling; C. family counseling; D. case management; E. training public agency adoption personnel, personnel of private, child welfare and adoption agencies licensed by the State to provide adoption services, mental health services professionals, and other support personnel to provide services under this subsection; F. assistance to adoptive parent organizations; G. assistance to support groups for adoptive parents, adopted children, and siblings of adopted children; H. day treatment; and I. respite care. 54 d. IMPROVING PLACEMENT RATE OF CHILDREN IN FOSTER CARE. 1. IN GENERAL. —The Secretary shall make grants for improving State efforts to increase the placement of foster care children legally free for adoption, according to a pre -established plan and goals for improvement. 2. APPLICATIONS; TECHNICAL AND OTHER ASSISTANCE. A. APPLICATIONS. —Each State entering into an agreement under this subsection shall submit an application to the Secretary that describes the manner in which the State will use funds during the 3 fiscal years subsequent to the date of the application to accomplish the purposes of this section. Such application shall be in a form and manner determined to be appropriate by the Secretary, consistent with the purpose of this title. Each application shall contain information that— i. describes how the State plans to improve the placement rate of children in permanent homes; ii. describes the methods the State, prior to submitting the application, has used to improve the placement of older children, minority children, and children with special needs, who are legally free for adoption; iii. describes the evaluation the State plans to conduct, to identify the effectiveness of programs and methods of placement under this subsection, and submit to the Secretary; and iv. describes how the State plans to coordinate activities under this subsection with relevant activities under section 473 of the Social Security Act (42 U.S.C. 673). B. TECHNICAL AND OTHER ASSISTANCE. —The Secretary shall provide, directly or by grant to or contract with public or private agencies or organizations i. technical assistance and resource and referral information to assist State or local governments with termination of parental rights issues, in recruiting and retaining adoptive families, in the successful placement of older children, minority children, and children with special needs, and in the provision of pre- and post - placement services, including post -legal adoption services; and ii. other assistance to help State and local governments replicate successful adoption -related projects from other areas in the United States. C. EVALUATION. —The Secretary shall compile the results of evaluations submitted by States (described in subparagraph (A)(iii)) and submit a report containing the complied results to the appropriate committees of Congress. PAYMENTS. A. IN GENERAL. —Payments under this subsection shall begin during fiscal year 1989. Payments under this section during any fiscal year shall not exceed $1,000,000. No payment may be made under this subsection unless an amount in excess of $5,000,000 is appropriated for such fiscal year under section 5115(a) of this title. 55 B. REVERSION OF UNUSED FUNDS. —Any payment made to a State under this subsection which is not used by such State for the purpose provided in paragraph (1) during the fiscal year payment is made shall revert to the Secretary on October 1st of the next fiscal year and shall be used to carry out the purposes of this title. e. ELIMINATION OF BARRIERS TO ADOPTIONS ACROSS JURISDICTIONAL BOUNDARIES. 1. IN GENERAL. —The Secretary shall award grants to, or enter into contracts with, States, local government entities, public or private child welfare or adoption agencies, adoption exchanges, or adoption family groups to carry out initiatives to improve efforts to eliminate barriers to placing children for adoption across jurisdictional boundaries. 2. SERVICES TO SUPPLEMENT NOT SUPPLANT. —Services provided under grants made under this subsection shall supplement, not supplant, services provided using any other funds made available for the same general purposes including — A. developing a uniform home study standard and protocol for acceptance of home studies between States and jurisdictions; B. developing models of financing cross jurisdictional placements; C. expanding the capacity of all adoption exchanges to serve increasing numbers of children; D. developing training materials and training social workers on preparing and moving children across State lines; and E. developing and supporting initiative models for networking among agencies, adoption exchanges, and parent support groups across jurisdictional boundaries. See. 204. STUDY AND REPORT OF UNLICENSED OR UNREGULATED ADOPTION PLACEMENTS. [42 U.S.C. 5114] f. IN GENERAL. —The Secretary shall provide for a study (the results of which shall be reported to the appropriate committees of the Congress not later than eighteen months after passage of the Keeping Children and Families Safe Act of 2003) designed to determine— d . the nature, scope, and effects of the interstate (and, to the extent feasible, intrastate) placement of children in adoptive homes (not including the homes of stepparents or relatives of the child in question) by persons or agencies; 2. how interstate placements are being financed across State lines; 3. recommendations on best practice models for both interstate and intrastate adoptions; and 4. how State policies in defining special needs children differentiate or group similar categories of children. g. DYNAMICS OF SUCCESSFUL ADOPTION. —The Secretary shall conduct research (directly or by grant to, or contract with, public or private nonprofit research agencies or organizations) about adoption outcomes and the factors affecting those outcomes. The Secretary shall submit a report containing the results of such research to the appropriate 56 committees of Congress not later than the date that is 36 months after the date of the enactment of the Keeping Children and Families Safe Act of 2003. h. INTERJURISDICTIONAL ADOPTION. —Not later than 1 year after the date of the enactment of the Keeping Children and Families Safe Act of 2003, the Secretary shall submit to the appropriate committees of Congress a report that contains recommendations for an action plan to facilitate the interjurisdictional adoption of foster children. Sec. 205. AUTHORIZATION OF APPROPRIATIONS. [42 U.S.C. 51151 a. There are authorized to be appropriated, $40,000,000 for fiscal year 2010, and such sums as may be necessary for each of the fiscal years 2011 through 2015 to carry out programs and activities authorized under this subtitle. b. Not less than 30 percent and not more than 50 percent of the funds appropriated under subsection (a) shall be allocated for activities under subsections (b)(10) and (c) of section 203. c. The Secretary shall ensure that funds appropriated pursuant to authorizations in this title shall remain available until expended for the purposes for which they were appropriated. Section III, the Abandoned Infants Assistance Act, was repealed by sec. 7065(b) of P.L. 115-271. 57 0 2- From the desk- of MARIBYL JUAREZ -7—t7 �1 Westminster Police Department Darin Lenyi, Chief of Police 8200 Westminster Boulevard, Building 5, Westminster, CA 92683 www•wesimiaster-ca.gov (714) 898-3315 M F M 0 R A N O U M TO: Office of the City Clerk DATE: October 28, 2022 SUBJECT: PRA Response FROM: Alan Iwashita, Commander In response to a Public --cords request received by the Citw rlcrVc Offiro rna3rdina Crhnnl Resource Officer training information, REQUESTED INFORMATION: The Westminster Police Department (WPD) began its School Resource Officer (SRO) program in 2019, with one officer. The California Peace Officers Standards and Training (POST) is the state organization that governs, monitors, and develops the training standards for all law enforcement agencies throughout the state. POST has an approved School Resource Officer curriculum that is offered throughout the state. The course is 40 hours in length and provides the following description of the class curriculum: This highly interactive, student -centered course provides School Resource Officers (SROs) with critical knowledge, skills, and communication techniques to enhance the SRO's abilities to foster positive relations with youth, understand challenges currently faced by youth, assist youth in fulfilling their on -campus and off -campus needs, work collobnrotivPly with teachers and school administrative staff and build a network of local resources to assist students with unmet needs. In addition to this core course, the WPD SRO has attended the following training: • SRO Basics & Beyond 16 hours • Gang Awareness 32 hours • Gang Investigation: Advanced 36 hours • Crisis Intervention 16 hours • First Aid/CPR 8 hours • De-escalation Training 8 hours Theresa Bass From: jodiemosley Sent: Saturday, January 21, 2023 8:21 PM To: Lbogdonavich@anaheim.net; City Manager Cc: Public Comment; Council; aaiken@anaheim.net; City Attorney; Anaheim GovOutReach; anaheimindependen Subject: [EXTERNAL] Beach blvd Attachments: Screenshot_20230118-111932_Instagramjpg; 20230115_163047jpg; 20230115_ 163040jpg;20230115_163037jpg Warning: This email originated from outside the City of Anaheim. Do not click links or open attachments unless you recognize the sender and are expecting the message. Please contact me regarding the planned mural on the parking structure on Beach and Orange. This was absolutely not discussed within the community. Placeworks, the company hired to survey the residents who live in district 1 never requested any murals. It is against the Beach blvd Specific Plan. Now that the city aquired the Anaheim Lodge it should be demolished asap. You have no right to house people in it. This was never in the Specific Plan. The scattered murals on Beach are attracting graffiti already, and its an eyesore to our community. We deserve much, much better. Please powerwash this off immediately. Sincerely, Jodie Mosley Sent frorn my T Mobile SG Device. C ". y �x�^Y Y 'Jl �'FYt �}Y, �� _ I2� � � .�� � I � ��� t � , l�t ',,�4� i" �. i - � P�� � o �� / / i —� � J �� � � � � i 'r_ —, i;, I / .� _ _F,�ry ... �, _ � �� I 'i� �- 1 ;� I 9 4-A �..+ Theresa Bass From: d u rfeycra ig Sent: Saturday, January 21, 2023 9:18 PM To: Mark.Fuentes@asm.ca.gov; clayton.heard@asm.ca.gov; Don Barnes; fganzales@ocsheriff.gov; Public Comment; Theresa Bass; 'GGEA President'; GGDPIO@GGCITY.ORG; 'PIO Department'; 'Walter Muneton'; David.Ochoa@sen.ca.gov; senator.umberg@senate.ca.gov; SENATOR.GONZALEZ@senate.ca.gov; SEDN.committee@senate.ca.gov; '"SENATOR.WIENER@SENATE.CA.GOV"'; 'Lan Nguyen'; 'Bob Harden'; 'Teresa Pomeroy'; tgoodbrand@cityofirvine.org; 'Pam Haddad'; 'communityrelations'; 'Maria Stipe'; response@ocgov.com; ocbe@ocde.us; 'Nick Dibs'; assemblymember.rendon@assembly.ca.gov; Assemblymember.Davies@assembly.ca.gov; assemblymember.quirk- silva@assembly.ca.gov; assemblymember.fong@assembly.ca.gov; assemblymember.friedman@assembly.ca.gov; Christopher.Aguilera@asm.ca.gov; FourthDistrict@bos.lacounty.gov; Fourth.District@ocgov.com; Chris.Wangsaporn@ocgov.com; 'Garden Grove Chamber of Commerce' Cc: d u rfeycra i Subject: [EXTERNAL] FW: AB 21, as introduced, Gipson. Peace officers: training. Attachments: AB-1718 Peace officers advanced training mental illness.pdf, AB 21, as introduced, Gipson. Peace officers training..pdf Warning: This email originated from outside the City of Anaheim. Do not click links or open attachments unless you recognize the sender and are expecting the message. From: durfeycraig Sent: Thursday, January 12, 2023 5:15 PM To: pr@abc7.com; 'KTLA Desk' <ktla@ktla.com>; "'TIPS@NBCUNLCOM- <TIPS@nbcuni.com>; -KCALKCBSDESK@CBS.COM- <KCALKCBSDESK@cbs.com> Cc: durfeycraig Subject: FW: AB 21, as introduced, Gipson. Peace officers: training. TO WHOM IT MAY CONCERN. From: dLar.t . c_r.ai Sent: Thursday, January 12, 2023 2:33 PM To: Mary.kenned�C�sen.ca.gc�v;Ix:rntt(sn:c:g�a_v; stl_I:chc(sn:c:gv_; stg.phni:iordanC)sen.ca.�ov; sarah.loftin(s n:c :go_v; iarad.hollin sheadC sen.ca. ov Cc: dL rf ycrai Subject: AB 21, as introduced, Gipson. Peace officers: training. 02-12-2023 1 (P.R.D.D.C.) PARENTS FOR THE RIGHTS OF DEVELOPMENTALLY DISABLED CHILDREN CRAIG A. DURFEY FOUNDER OF P.R.D.D.C. SOCIALEMOTIONALPAWS.COM FACEBOOK: CRAIG DURFEY U.S. F 404 - HONORING 0111AIG llfm'I MIZII-EY F IS FIGHT AGAINST AUTISM ... Ms. L011ZETTA S&IM01HEZ of California. https://www.govinfo.gov/content/pkq/CREC-2003-03-27/pdf/CREC-2003-03-27.pdf new website soc1alemot1oqg!ppws.org To whom it may concern. Request amending CA State AB 21 to include language to address training social media, gaming ,Esports as Child Abuse, SCR 73 Blue Light 2019 as physical harm to causing eye myopia to sleep deprivation mental illness. Include CA State code penal 11165.7 first responder child abuse reporters training with social media. To amendment require local agency to require community meetings to address concerns with disabilities, social media, mental wellness ect. To amendment to include Strategies For Youth , PTB training practice skills for working with youth 16m_.-//iir giiesfoiillfm,iirq/ Illout/. Brain on Video Games I Psychology Today Ilfmt.,//..............................._,cllfmolo9t................y.,,ii........: > mental -wealth > is... Sep 25, 2016 — Playing video games mimics the kinds of sensory assaults humans are programmed to associate with danger. When the brain senses danger, primitive ... Video Game Addiction I Psychology Today Ilfmt.,//..............................._,cllfmolo9t................y.,,ii........: > basics > video-ga... According to that guide, gaming disorder is marked by "impaired control" over gaming, which leads to it taking priority over other interests and activities. The ... The Health Repercussions of Gaming Disorder Ilhmt.,//..............................._,cllhmolo9t................y.,,ii........: > blog > the-health-r... Aug 19, 2021 — Gaming disorder can have serious consequences in crucial areas of health. Sense and Nonsense About Video Game Addiction Ilhmt.,//..............................._,cllhmolo9t................y.,,ii........: > freedom -learn > se... Mar 11, 2018 — What are the actual effects of video gaming on the brain? ... Risk: Risks loss of significant relationships or employment because of games. Just How Bad Is "Gaming Addiction"? I Psychology Today Ilhm//..............................._,cllhmolog................y.,,ii........: > blog > just-how-b... Sep 6, 2021 — Indeed, gaming activates the reward system in the brain causing a release of dopamine and other neurotransmitters implicated in reward. Psychological Fallout of Gaming Fixation in Youth Ilfm//..............................._,cllfmoloq................y.,,ii........: > blog > and -running Feb 11, 2021 — Given the ubiquitous and intense nature of gaming in today's youth culture, children referred for moodiness, anxiety, oppositional and defiant ... https:/fstrotegi 5foryouth.or�t � services � �rtb-troirrin Policing the Teen Brain TM (PTB) is a training program that provides officers with the information and skills they need to effectively interact with youth. r t.. i ._f. �"...Y..qul h.. https:Z1strutegi s oryouth.or�t Training to Avoid Tragedy ... Strategies For Youth provides trainings foryouth to learn about the law,... What OFFICERS Say About PTB training. C ..It ...DistTr .�I .............__............ ......... https_.11 ww.culsuc.or9.._?._c.o. M rl t .-list-cif-truinirrgs This training will give participants an understanding of the importance of working with children/youth to develop interpersonal skills, social awareness and ... Missing: ptb I Must include: tab Thank You 3 Craig A Durfey Bill Text - AB-21 Peace officers: training. https://Ieginfo.legislature.ca.gov/faces/bilINavClient.xhtml?bill id=20... i dfrJ!�Vf�?10 LEGISLATIVE INFORMATION Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites AB-21 Peace officers: training. (2023-2024) SHARE THIS: Date Published: 12/05/2022 09:00 PM CALIFORNIA LEGISLATURE 2023-2024 REGULAR SESSION ASSEMBLY BILL NO. 21 Introduced by Assembly Member Gipson December 05, 2022 An act to amend Section 13515.28 of, and to add Section 13515.285 to, the Penal Code, relating to peace officers. LEGISLATIVE COUNSEL'S DIGEST AB 21, as introduced, Gipson. Peace officers: training. Existing law requires specified categories of law enforcement officers to meet training standards pursuant to courses of training certified by the Commission on Peace Officer Standards and Training (POST). Existing law requires POST to require field training officers who are instructors for the field training program to have at least 8 hours of crisis intervention behavioral health training to better train new peace officers on how to effectively interact with persons with mental illness or intellectual disability. This bill would require the commission to revise that training to include instruction on how to effectively interact with persons with Alzheimer's disease or dementia. The bill would specify that a field training officer who completed the training prior to January 1, 2025, or who is exempt from completing the training, is not required to take the updated training, but would require a field training officer who has not completed the training on or after January 1, 2025, or who is not exempt from completing the training, to complete the revised training. The bill would exempt jurisdictions that, prior to January 1, 2024, develop a training that meets the same requirements. This bill would also require the commission, upon the next regularly scheduled review of a training module relating to persons with disabilities, to create and distribute electronically a course on how to recognize and interact with persons with Alzheimer's disease and dementia. The bill would require peace officers appointed on or before July 1, 2029, to complete that course by January 1, 2030, and peace officers appointed after July 1, 2029, to complete that course within 180 days of being appointed, as specified. The bill would exempt jurisdictions that, prior to January 1, 2024, develop a training that meets the same requirements. By creating new duties for local officials, 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. 1 of 3 1/12/2023, 2:14 PM Bill Text - AB-21 Peace officers: training. https://Ieginfo.legislature.ca.gov/faces/bilINavClient.xhtml?bill id=20... 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. Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 13515.28 of the Penal Code is amended to read: 13515.28. (a) (1) The commission shall require the field training officers who provide instruction in the field training program to have at least eight hours of crisis intervention behavioral health training to better train new peace officers on how to effectively interact with persons with mental illness or intellectual disability. This course shall include classroom instruction and instructor -led active learning, such as scenario -based training, and shall be taught in segments that are at least four hours long. (2) If a field training officer has completed eight hours of crisis intervention behavioral health training within the past 24 months, or if a field training officer has completed 40 hours of crisis intervention behavioral health training, the requirement described in paragraph (1) shall not apply. (b) The crisis intervention behavioral health training shall address issues relating to stigma, shall be culturally relevant and appropriate, and shall include all of the following topics: (1) The cause and nature of mental illnesses and intellectual disabilities. (2) (A) How to identify indicators of mental illness, intellectual disability, and substance use disorders. (B) How to distinguish between mental illness, intellectual disability, and substance use disorders. (C) How to respond appropriately in a variety of situations involving persons with mental illness, intellectual disability, and substance use disorders. (3) Conflict resolution and deescalation techniques for potentially dangerous situations. (4) Appropriate language usage when interacting with potentially emotionally distressed persons. (5) Community and state resources available to serve persons with mental illness or intellectual disability, and how these resources can be best utilized by law enforcement. (6) The perspective of individuals or families who have experiences with persons with mental illness, intellectual disability, and substance use disorders. (c) Field training officers assigned or appointed before January 1, 2017, shall complete the crisis intervention behavioral health training by June 30, 2017. Field training officers assigned or appointed on or after January 1, 2017, shall complete the crisis intervention behavioral health training within 180 days of assignment or appointment. (d) This section does not prevent an agency from requiring its field training officers to complete additional hours of crisis intervention behavioral health training or requiring its field training officers to complete that training earlier than as required by this section. (e) (1) The commission shall revise the training described in this section to include instruction on how to effectively interact with persons with Alzheimer's disease or dementia. A field training officer who completed the training described in this section prior to January 1, 2025, or who was exempt from completing the training pursuant to paragraph (2) of subdivision (a), shall not be required to take the updated training. A field training officer who has not completed the training described in this section by January 1, 2025, or who is not exempt from completing the training pursuant to paragraph (2) of subdivision (a), shall complete the revised training. (2) A training developed by a jurisdiction prior to January 1, 2024, that meets the same requirements as this subdivision shall be deemed to be compliant with this subdivision. SEC. 2. Section 13515.285 is added to the Penal Code, immediately following Section 13515.28, to read: 13515.285. (a) The commission shall, upon the next regularly scheduled review of a training module relating to persons with disabilities, create and distribute electronically a course on how to recognize and interact with 2 of 3 1/12/2023, 2:14 PM Bill Text - AB-21 Peace officers: training. https://Ieginfo.legislature.ca.gov/faces/bilINavClient.xhtml?bill id=20... persons with Alzheimer's disease or dementia. This course shall be designed for, and made available to, peace officers. (b) The training course shall be developed by the commission in consultation with the California Department of Aging and appropriate community, local, or other state organizations and agencies that have expertise in the area of Alzheimer's disease and dementia. The commission shall make the course available to law enforcement agencies in California. (c) (1) Peace officers appointed on or before July 1, 2029, shall complete the course developed pursuant to this section by January 1, 2030. Peace officers appointed after July 1, 2029, shall complete the course developed pursuant to this section within 180 days of being appointed. (2) Peace officers shall be allowed to complete the course developed pursuant to this section remotely. (3) The requirement described in this subdivision only applies to peace officers described in Sections 830.1, 830.2, with the exception of those described in subdivision (d) of that section, and 830.33. (d) A course developed by a jurisdiction prior to January 1, 2024, that meets the same requirements as this section shall be deemed to be compliant with this section. SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. 3 of 3 1/12/2023, 2:14 PM Bill Text - AB-1718 Peace officers: advanced training: mental illness. https://Ieginfo.legislature.ca.gov/faces/bilINavClient.xhtml?bill id=19... dfr LEGISLATIVEINFORMATION Home Bill Information California Law Publications Other Resources My Subscriptions AB-1718 Peace officers: advanced training: mental illness. (1999-2000) I SHARE THIS: Assembly Bill No. 1718 CHAPTER 200 An act to add Section 13515.25 to the Penal Code, relating to peace officers. My Favorites [ Filed with Secretary of State July 24, 2000. Approved by Governor July 24, 2000. I LEGISLATIVE COUNSEL'S DIGEST AB 1718, Hertzberg. Peace officers: advanced training: mental illness. Existing law requires specified categories of law enforcement officers to meet training standards pursuant to courses of training certified by the Peace Officers Standards and Training (POST) program, including a basic training course for law enforcement officers containing an adequate instruction in the handling of persons with developmental disabilities or mental illness, or both, as specified. This bill would require that, on or before June 30, 2001, POST establish and keep updated a continuing education classroom training course relating to law enforcement intervention with developmentally disabled and mentally ill persons and that the course be developed in consultation with specified groups and entities. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 13515.25 is added to the Penal Code, to read: 13515.25. (a) The Commission on Peace Officer Standards and Training shall, on or before June 30, 2001, establish and keep updated a continuing education classroom training course relating to law enforcement interaction with developmentally disabled and mentally ill persons. The training course shall be developed by the commission in consultation with appropriate community, local, and state organizations and agencies that have expertise in the area of mental illness and developmental disability, and with appropriate consumer and family advocate groups. In developing the course, the commission shall also examine existing courses certified by the commission that relate to mentally ill and developmentally disabled persons. The commission shall make the course available to law enforcement agencies in California. (b) The course described in subdivision (a) shall consist of classroom instruction and shall utilize interactive training methods to ensure that the training is as realistic as possible. The course shall include, at a minimum, core instruction in all of the following: (1) The cause and nature of mental illnesses and developmental disabilities. (2) How to identify indicators of mental illness and developmental disability and how to respond appropriately in a variety of common situations. 1 of 2 1/12/2023, 2:13 PM Bill Text - AB-1718 Peace officers: advanced training: mental illness. https://Ieginfo.legislature.ca.gov/faces/bilINavClient.xhtml?bill id=19... (3) Conflict resolution and de-escalation techniques for potentially dangerous situations involving mentally ill and developmentally disabled persons. (4) Appropriate language usage when interacting with mentally ill and developmentally disabled persons. (5) Alternatives to lethal force when interacting with potentially dangerous mentally ill and developmentally disabled persons. (6) Community and state resources available to serve mentally ill and developmentally disabled persons and how these resources can be best utilized by law enforcement to benefit the mentally ill and developmentally disabled community. (c) The commission shall submit a report to the Legislature by October 1, 2003, that shall include all of the following: (1) A description of the process by which the course was established, including a list of the agencies and groups that were consulted. (2) Information on the number of law enforcement agencies that utilized, and the number of officers that attended, the course or other courses certified by the commission relating to mentally ill and developmentally disabled persons from July 1, 2001, to July 1, 2003, inclusive. (3) Information on the number of law enforcement agencies that utilized, and the number of officers that attended, courses certified by the commission relating to mentally ill and developmentally disabled persons from July 1, 2000, to July 1, 2001, inclusive. (d) The Legislature encourages law enforcement agencies to include the course created in this section, or any other course certified by the commission relating to mentally ill and developmentally disabled persons, as part of their advanced officer training program. (e) It is the intent of the Legislature to reevaluate, on the basis of its review of the report required in subdivision (c), the extent to which law enforcement officers are receiving adequate training in how to interact with mentally ill and developmentally disabled persons. 2 of 2 1/12/2023, 2:13 PM Theresa Bass From: CRAIG DURFEY Sent: Sunday, January 22, 2023 12:33 AM To: Zak.Castillo-Krings@asm.ca.gov; alejandro.cardenas@mail.house.gov; kim.vandermeulen@mail.house.gov; Nick Dibs; senator.umberg@senate.ca.gov; SEDN.committee@senate.ca.gov; Maria Stipe; SENATOR.GONZALEZ@senate.ca.gov; SENATOR.WIENER@SENATE.CA.GOV; assemblymember.quirk-silva@assembly.ca.gov; Assemblymember.Davies@assembly.ca.gov; assemblymember.rendon@assembly.ca.gov; assemblymember.fong@assembly.ca.gov; assemblymember.friedman@assembly.ca.gov; ADAM.BOMAN@asm.ca.gov; Christopher.Aguilera@asm.ca.gov; Theresa Bass; Public Comment; editor at oc- breeze.com; Andrew.Do@ocgov.com COB_Response; FourthDistrict@bos.lacounty.gov; fganzales@ocsheriff.gov; Don Barnes; GGEA President; GGDPIO@ggcity.org; Garden Grove Chamber of Commerce; PublicComment@sdcounty.ca.gov; City Manager; cityclerk@santa-ana.org; <Public Records Request >; Teresa Pomeroy; Norma.Pate@mhsoac.ca.gov; sbe@cde.ca.gov; Superintendent@cde.ca.gov; Supervisor Doug Chaffee Subject: [EXTERNAL] School lawsuits over social media harm face tough legal road Warning: This email originated from outside the City of Anaheim. Do not click links or open attachments unless you recognize the sender and are expecting the message. 01-22-2023 (P.R.D.D.C.) PARENTS FOR THE RIGHTS OF DEVELOPMENTALLY DISABLED CHILDREN CRAIG A. DURFEY FOUNDER OF P.R.D.D.C. SOCIALEMOTIONALPAWS.COM FACEBOOK: CRAIG DURFEY U.S. F 4 4- HONORING 0IIR IIII Illlm'IuIJi IIIIIIIF III Y IF IS FIGHT I I T AUTISM ... Ms. L0110ETTA S&IM01HEZ of California. https://www.govinfo.gov/content/pkq/CREC-2003-03-27/pdf/CREC-2003-03-27.pdf new website s i e i s® r_ To whom it may concern. School lawsuits over social media harm face tough legal road https://Iasvegassun.com/news/2023/jan/10/school-lawsuits-over-social-media-harm-face- tough/#.Y8zxYFt3MeA.gmail The Youtube, left, and Snapchat apps are seen on a mobile device in New York, on Aug. 9, 2017. The big U.S. social media companies are now facing lawsuits brought by public entities that seek to hold them to account for a huge societal problem — in their case, the mental health crisis among youth. But the new lawsuits — one by the public school district in Seattle last week, with a second filed by a suburban district on Monday, Jan. 9, 2023, and almost certainly more to come — face an uncertain legal road. The Youtube, left, and Snapchat apps are seen on a mobile device in New York, on Aug. 9, 2017. The big U.S. social media companies are now facing lawsuits brought by public entities that seek to hold them to account for a huge societal problem — in their case, the mental health crisis among youth. But the new lawsuits — one by the public school district in Seattle last week, with a second filed by a suburban district on Monday, Jan. 9, 2023, and almost certainly more to come — face an uncertain legal road. By Gene Johnson, Associated Press Tuesday, Jan. 10, 2023 1 11:04 p.m. SEATTLE — Like the tobacco, oil, gun, opioid and vaping industries before them, the big U.S. social media companies are now facing lawsuits brought by public entities that seek to hold them accountable for a huge societal problem — in their case, the mental health crisis among youth. But the new lawsuits — one by the public school district in Seattle last week, with a second filed by a suburban district on Monday and almost certainly more to come — face an uncertain legal road. The U.S. Supreme Court is scheduled r r s over the extent to which federal law protects the tech industry from such claims when social media algorithms push potentially harmful content. Even if the high court were to clear the way for lawsuits like Seattle's, the district has a daunting challenge in proving the industryes liability. And the tech industry insists there are many ways social media's effects on teen mental health differ from, say, big pharma's role in pushing opioid addiction. "The underlying argument is that the tech industry is to blame for the emotional state of teenagers, because they made recommendations on content that has caused emotional harm," said Carl Szabo, vice president and general counsel of the tech industry trade association NetChoice. "it would be absurd to sue Barnes & Noble because an employee recommended a book that caused emotional harm or made a teenager feel bad. But that's exactly what this lawsuit is doing." Seattle Public Schools on Fridaysued the tqqh_qjants behind TikTok, Instagram, Facebook, YouTube and Snapchat, alleging they have created a public nuisance by targeting their products to children. The Kent School District south of Seattle followed suit on Monday. The districts blame the companies for worsening mental health and behavioral disorders including anxiety, depression, disordered eating and cyberbullying; making it more difficult to educate students; and forcing schools to take steps such as hiring additional mental health professionals, developing lesson plans about the effects of social media and providing additional training to teachers. "Our students — and young people everywhere — face unprecedented learning and life struggles that are amplified by the negative impacts of increased screen time, unfiltered content, and potentially addictive properties of social media," Seattle Superintendent Brent Jones said in an emailed statement Tuesday. "We are confident and hopeful that this lawsuit is a significant step toward reversing this trend for our students." Federal law — Section 230 of the Communications Decency Act of 1996 — helps protect online companies from liability arising from what third -party users post on their platforms. But the lawsuits argue the provision, which predates all the social media platforms, does not protect the tech giants' behavior in this case, where their own algorithms promote harmful content. That's also the issue in Gonzalez v. Google, the parent company of YouTube, set for argument at the Supreme Court on Feb. 21. In that case, the family of an American woman killed in an Islamic State group attack in Paris in 2015 alleges that YouTube's algorithms aided the terror group's recruitment. If the high court's decision makes clear that tech companies can be held liable in such cases, the school districts will still have to show that social media was in fact to blame. Seattle's lawsuit says that from 2009 to 2019, there was on average a 30% increase in the number of its students who reported feeling "so sad or hopeless almost every day for two weeks or more in a row" that they stopped doing some typical activities. But Szabo pointed out that Seattle's graduation rates have been on the rise since 2019, during a time when many kids relied on social media to keep in touch with their friends throughout the pandemic. If social media were truly so harmful to the district's educational efforts, the graduation rate wouldn't be rising, he suggested. "The complaint focuses on only how social media harms kids, and there might be evidence of that," said Eric Goldman, a professor at Santa Clara University School of Law in Silicon Valley. "But there's also a lot of evidence that social media benefits teenagers and other kids. What we don't know is what the distress rate would look like without social media. It's possible the distress rate would be higher, not lower." The companies have insisted that they take the safety of their users, especially kids, seriously, and they have introduced tools to make it easier for parents to know whom their children are contacting; made mental health resources, including the new 988 crisis hotline, more prominent; and improved age verification and screen time limits. "We automatically set teens' accounts to private when they join Instagram, and we send notifications encouraging them to take regular breaks," Anitigone Davis, Meta's global 3 head of safety, said in an emailed statement. "We don't allow content that promotes suicide, self -harm or eating disorders, and of the content we remove or take action on, we identify over 99% of it before it's reported to us." Even if social media benefits some students, that doesn't erase the serious harms to many others, said Josh Golin, executive director of Fairplay for Kids, a nonprofit working to insulate children from commercialization and marketing. "The mental health costs to students, the amount of time schools have to spend monitoring and responding to social media drama, is exorbitant," Golin said. "It is ridiculous that schools are responsible for the damages caused by these social media platforms to young people. Nobody is seeing the kinds of cumulative effects that social media is causing to the extent school districts are." Both cases were filed in U.S. District Court in Seattle, but they are based on state public nuisance law — a broad, vaguely defined legal concept whose origins date back at least to 13th century England. In Washington, public nuisance is defined, in part, as "every act unlawfully done and every omission to perform a duty" which "shall annoy, injure or endanger the safety, health, comfort, or repose of any considerable number of persons." Most famously, public nuisance claims helped prompt the tobacco industry's $246 billion, 25-year settlement with the states in 1998. But public nuisance law also has been at least part of the basis for litigation by state, city, county or tribal governments seeking to hold oil companies responsible for climate change, the gun industry for gun violence, the pharmaceutical industry for the opioid crisis and vaping companies like Juul for teen vaping. Much of that litigation is ongoing. Juul Labs last month agreed to settle thousands of lawsuits — including 1,400 from school districts, cities and counties — for a reported $1.2 billion. Such litigation has the potential to enact massive change, but it also prompts questions about the appropriateness of addressing big societal issues in court rather than through the lawmaking process. Jolina Cuaresma, senior counsel for privacy and tech policy at Common Sense Media, which aims to make media safer for children, said she was thrilled to see a school district make a public nuisance claim against the tech companies. "Folks have become tired waiting for Congress to do something," she said Theresa Bass From: Craig A Durfey Sent: Tuesday, January 24, 2023 7:43 AM To: COB_Response; Craig A Durfey; Gabriela Mafi; Lawrenz, Mark; Maureen Blackmun; Nick Dibs; PIO Department; Public Comment; Public Records Request; Teresa Pomeroy; Theresa Bass; ; editor at oc-breeze.com; ocbe@ocde.us; senator.umberg@senate.ca.gov Subject: [EXTERNAL] Watch "Noah Canon - Hope" on YouTube Warning: This email originated from outside the City of Anaheim. Do not click links or open attachments unless you recognize the sender and are expecting the message. https://youtube.com/shorts/v2glZ2H- 3k?feature=share