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AB 2085 – Revises Definition Of General Neglect Under CANRA
The Child Abuse and Neglect Reporting Act (CANRA) establishes procedures for the reporting and investigation of suspected child abuse or neglect. CANRA requires certain professionals, known as “mandated reporters,” to report known or reasonably suspected child abuse or neglect to a local law enforcement agency or county welfare or probation department, within certain timeframes. Under existing law, CANRA defines “general neglect” as the negligent failure of a person having the care or custody of a child to provide adequate food, clothing, shelter, medical care, or supervision where no physical injury to the child has occurred.
Assembly Bill 2085 (AB 2085), which takes effect on January 1, 2023, revises the definition of general neglect by narrowing it to circumstances in which the child is at substantial risk of suffering serious physical harm or illness. AB 2085 further provides that general neglect does not include a parent’s economic disadvantage.
(AB 2085 amends Sections 11165.2, 11166, and 11167 of the Penal Code.)