Bill > A310

Introduced Session

This bill allows an employee of the Division of Children Protection and Permanency (DCPP), in the Department of Children and Families (the department), who investigates child abuse and neglect and has reason to believe that an animal has been subjected to, or who witnesses an act of animal abuse, cruelty, or neglect, to report the suspected or witnessed act of animal abuse, cruelty, or neglect. Nothing in the bill requires an employee to report such an act. Under the provisions of the bill, the employee may report the suspected or witnessed act of animal abuse, cruelty, or neglect to: (1) the designated municipal humane law enforcement officer in the municipality in which the suspected or witnessed act of animal abuse, cruelty, or neglect occurred; or (2) in a municipality without a designated municipal humane law enforcement officer, to the chief county humane law enforcement officer, the county society for the prevention of cruelty to animals, or any other individual authorized by the governing body of the municipality to act as a humane law enforcement officer. An employee who makes a report of an act of suspected or witnessed animal abuse, cruelty, or neglect is to file the report on a form and in a manner prescribed by the animal cruelty prosecutor of the county where the report is made. The report is to be filed no later than two business days after the suspected or witnessed act of animal abuse, cruelty, or neglect occurred. In cases where an immediate response to the report is necessary to protect the health and safety of animal, the report is to be filed immediately. The report is to contain information about the employee making the report, the name of the animal's owner, handler, or custodian, the type of animal involved in, and a description of, the suspected or witnessed act of animal abuse, cruelty, or neglect, and any other information that may be relevant to the report. The bill allows two or more employees who jointly have reason to believe that an animal has been subjected to, or witness an act of, animal abuse, cruelty, or neglect, and agree that a report should be made, to select, by mutual agreement, the employee responsible for filing the report. If a report is not filed by the designated employee, one of the other employees may do so. The bill also stipulates that an employee who makes a report of an act of animal abuse, cruelty, or neglect, provides records or information relating to the report, or testifies in any judicial proceeding arising from the report, is immune from liability for any actions taken in good faith, unless it can by shown by clear and convincing evidence that the employee acted maliciously or in bad faith. Under the provisions of the bill, the department may, in consultation with the Department of Agriculture, develop and implement a training and education program on the identification of animal abuse, cruelty, or neglect and the relationship between animal abuse, cruelty, or neglect, child abuse, and child welfare case practice. The program, if developed, will be made available to DCPP employees who investigate child abuse and neglect. Over the past 20 years, there has been a growing recognition of the link between cruelty to animals, domestic violence, and the maltreatment of children. In one study, 53 percent of women who had experienced domestic abuse said their partners had either killed or harmed the family pet. Results from another study suggest that animal abuse may be a red flag indicative of family violence in the home. Specifically, about 60 percent of the study's participants who witnessed or perpetrated animal cruelty as a child also reported experiences with child maltreatment or domestic violence. These studies highlight the fact that child protective services professionals should be alert to animal abuse, cruelty, and neglect as a possible indicator of domestic violence and child abuse in the home. Twelve states, including Massachusetts and California, have enacted cross-reporting laws which allow for a multi-disciplinary approach to the investigation of animal abuse, cruelty, or neglect and child maltreatment. It is the sponsor's intent to provide a framework which allows for the cross-reporting of acts of animal abuse, cruelty, or neglect and child abuse and neglect, similar to Massachusetts and California law, without placing an additional mandate on an already overburdened child protective services system.

AI Summary

Committee Categories

Michele Matsikoudis (R)*,  Aura Dunn (R),  Verlina Reynolds-Jackson (D), 

Introduced, Referred to Assembly Commerce, Economic Development and Agriculture Committee (on 01/09/2024)

Official Document