Assembly BillChaptered/SignedPenal
AB 1688: Child abuse or neglect: reporting.
What AB 1688 does, verified October 2, 2026
The bill aims to amend the child abuse and neglect reporting act to expand the duties of local agencies that receive reports of suspected child abuse or neglect. Mandated reporters, such as health practitioners and social workers, must report known or suspected child abuse or neglect to a local law enforcement agency or a county welfare or probation department. The bill requires an employee of these agencies to send notice of the report to the attorney representing a child's parent or legal guardian, without disclosing the substance of the report. This notice is exempt from parents whose parental rights have been terminated. Additionally, a copy of the report must be sent to all attorneys representing children with an open dependency case in the same placement. The bill does not require reimbursement for certain costs.
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Last action: Chaptered by Secretary of State - Chapter 888, Statutes of 2026. (2026-09-30)Alert me
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| Sep. 30, 2026 | Chaptered by Secretary of State - Chapter 888, Statutes of 2026. |
| Sep. 30, 2026 | Approved by the Governor. |
| Sep. 03, 2026 | Enrolled and presented to the Governor at 4 p.m. |
| Aug. 26, 2026 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 6655.). |
| Aug. 26, 2026 | In Assembly. Concurrence in Senate amendments pending. |
Latest bill textChaptered version, September 30, 2026 · 1,417 words
Assembly Bill No. 1688
CHAPTER 888
An act to amend Section 11166.1 of the Penal Code, relating to child abuse or neglect.
[ Approved by Governor September 30, 2026. Filed with Secretary of State September 30, 2026. ]
LEGISLATIVE COUNSEL'S DIGEST
AB 1688, Carrillo. Child abuse or neglect: reporting.
Existing law, the Child Abuse and Neglect Reporting Act, establishes procedures for the reporting and investigation of suspected child abuse or neglect. Existing law requires certain professionals, including specified health practitioners and social workers, known as “mandated reporters,” to report known or suspected child abuse or neglect to a local law enforcement agency or a county welfare or probation department, as specified. Existing law requires an employee of those agencies, in certain circumstances, to send or have sent, within 36 hours, a copy of a report made pursuant to these provisions to the attorney who represents the child, who is the subject of the report, in dependency court. Existing law requires the agency to maintain a copy of the written report and provide all information requested by the attorney for the child or the child’s guardian ad litem within 30 days of the request.
This bill would require, if a county welfare agency substantiates a report for an incident that occurred in an out-of-home placement, including, but not limited to, placement in foster or congregate care, or if a child is removed from an out-of-home placement due to abuse or neglect, a county welfare agency to send notice, containing specified information, of the report to the attorney who represents a parent or legal guardian of the child in dependency court and, in the case of an Indian child, the tribal representative. The bill would make that requirement inapplicable to a parent whose parental rights have been terminated. The bill would require, if a county welfare agency substantiates a report for an incident that occurred in an out-of-home placement, including, but not limited to, placement in foster or congregate care, or if a child is removed from an out-of-home placement due to abuse or neglect, the agency to send a notice of the report, as specified, to all attorneys who represent a child with an open dependency case in that placement, as provided. By expanding the duties of local agencies that receive reports alleging abuse or neglect of children, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The people of the State of California do enact as follows:
SECTION 1.
Section 11166.1 of the Penal Code is amended to read:11166.1.
(a) (1) An agency shall notify the licensing office with jurisdiction over the facility within 24 hours after the agency receives a report pursuant to Section 11166 that contains either of the following:(A) A report of abuse alleged to have occurred in a facility licensed to care for children by the State Department of Social Services.
(B) A report of the death of a child who was, at the time of death, living at, enrolled in, or regularly attending a facility licensed to care for children by the State Department of Social Services unless the circumstances of the child’s death are clearly unrelated to the child’s care at the facility.
(2) The agency shall send the licensing agency a copy of its investigation and any other pertinent materials.
(b) (1) An employee of an agency specified in Section 11165.9 who has knowledge of, or observes in their professional capacity or within the scope of their employment, a child in protective custody whom the employee knows or reasonably suspects has been the victim of child abuse or neglect shall, within 36 hours, send or have sent to the attorney who represents the child in dependency court, a copy of the report prepared in accordance with Section 11166. The agency shall maintain a copy of the written report. All information requested by the attorney for the child or the child’s guardian ad litem shall be provided by the agency within 30 days of the request.
(2) (A) When a county welfare agency substantiates a report made pursuant to paragraph (1) for an incident that occurred in an out-of-home placement, or a child is removed from an out-of-home placement due to abuse or neglect, the agency shall, within 36 hours, provide notice of the report to the attorney who represents a parent or legal guardian of the child in dependency court and, in the case of an Indian child, the tribal representative.
(B) For purposes of this paragraph, an out-of-home placement includes, but is not limited to, placement in foster care or congregate care, placement in a short-term residential therapeutic program facility, or a relative placement.
(3) (A) The notification requirement in paragraph (2) shall consist of notice that a report has been substantiated and shall not disclose the identity of the reporting party or any person named or referenced in the report, except as provided in this paragraph.
(B) The notice shall not disclose any personal information, as defined in subdivision (a) of Section 1798.3 of the Civil Code, or confidential information concerning a child, victim, witness, or another person except as otherwise authorized by law.
(C) The notice shall include the name of the child at issue.
(4) The requirement in paragraph (2) does not apply to a parent whose parental rights have been terminated pursuant to Section 366.26 of the Welfare and Institutions Code.
(5) (A) When a county welfare agency substantiates a report made pursuant to paragraph (1) for an incident that occurred in an out-of-home placement, or a child is removed from an out-of-home placement due to abuse or neglect, the agency shall, within 36 hours, provide notice of the report to all the attorneys who represent a child with an open dependency case in that placement.
(B) For purposes of this paragraph, an out-of-home placement includes, but is not limited to, placement in foster care or congregate care, placement in a short-term residential therapeutic program facility, or a relative placement.
(6) The notification requirement in paragraph (5) shall consist of notice that a report has been substantiated and shall not disclose the identity of the reporting party or any person named or referenced in the report. The notice shall not disclose any of the following:
(A) Information concerning the substance of the report.
(B) Information contained in an unfounded or inconclusive report.
(C) Personal information as defined in subdivision (a) of Section 1798.3 of the Civil Code.
(D) Confidential information concerning a child, victim, witness, or another person except as otherwise authorized by law.
(c) (1) When an agency receives a report pursuant to Section 11166 alleging abuse or neglect of the child of a minor parent or a nonminor dependent parent, the agency shall, within 36 hours, provide notice of the report to the attorney who represents the minor parent or nonminor dependent in dependency court.
(2) For purposes of this subdivision, “minor parent” and “nonminor dependent parent” have the same meaning as in Section 16002.5 of the Welfare and Institutions Code.
(d) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the State Department of Social Services may implement, interpret, or make specific the amendments to this section made by Assembly Bill 1688 of the 2025–26 Regular Session of the Legislature, in whole or in part, by means of all-county letters or similar written instructions, without taking any further regulatory action. These all-county letters or similar written instructions shall have the same force and effect as regulations.
SEC. 2.
To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIII B of the California Constitution.Text of AB 1688 as chaptered, from the official record. Connect Plus keeps every version and highlights what changed.Compare versions