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California Penal Code Section 11171

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11171.  (a) (1) The Legislature hereby finds and declares that
adequate protection of victims of child physical abuse or neglect has
been hampered by the lack of consistent and comprehensive medical
examinations.
   (2) Enhancing examination procedures, documentation, and evidence
collection relating to child abuse or neglect will improve the
investigation and prosecution of child abuse or neglect as well as
other child protection efforts.
   (b) The California Emergency Management Agency shall, in
cooperation with the State Department of Social Services, the
Department of Justice, the California Association of Crime Lab
Directors, the California District Attorneys Association, the
California State Sheriffs' Association, the California Peace Officers
Association, the California Medical Association, the California
Police Chiefs' Association, child advocates, the California Medical
Training Center, child protective services, and other appropriate
experts, establish medical forensic forms, instructions, and
examination protocols for victims of child physical abuse or neglect
using as a model the form and guidelines developed pursuant to
Section 13823.5.
   (c) The forms shall include, but not be limited to, a place for
notation concerning each of the following:
   (1) Any notification of injuries or any report of suspected child
physical abuse or neglect to law enforcement authorities or children'
s protective services, in accordance with existing reporting
procedures.
   (2) Addressing relevant consent issues, if indicated.
   (3) The taking of a patient history of child physical abuse or
neglect that includes other relevant medical history.
   (4) The performance of a physical examination for evidence of
child physical abuse or neglect.
   (5) The collection or documentation of any physical evidence of
child physical abuse or neglect, including any recommended
photographic procedures.
   (6) The collection of other medical or forensic specimens,
including drug ingestion or toxication, as indicated.
   (7) Procedures for the preservation and disposition of evidence.
   (8) Complete documentation of medical forensic exam findings with
recommendations for diagnostic studies, including blood tests and
X-rays.
   (9) An assessment as to whether there are findings that indicate
physical abuse or neglect.
   (d) The forms shall become part of the patient's medical record
pursuant to guidelines established by the advisory committee of the
California Emergency Management Agency and subject to the
confidentiality laws pertaining to the release of medical forensic
examination records.
   (e) The forms shall be made accessible for use on the Internet.

Last modified: February 22, 2013