BILL NUMBER: AB 1913	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 14, 2004

INTRODUCED BY   Assembly Member Cohn

                        FEBRUARY 9, 2004

   An act to amend  Section 1522 of the Health and Safety
Code   Section 319 of, to amend and repeal Section 309
of  , and to repeal and amend Section 361.4 of  ,  the
Welfare and Institutions Code, relating to foster care.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1913, as amended, Cohn.  Foster care providers:  
criminal records: exemption   evaluation and criminal
records checks  . 
   (1) Existing law regulates the licensure and operation by the
State Department of Social Services of community care facilities,
including foster family homes and certified family homes.  Under
existing law, before issuing a license, special permit, or
certificate of approval to operate or manage a foster family home or
certified family home, the department is required to determine
whether the applicant or another designated person has been convicted
of a crime that would preclude, among other things, issuance of the
license, special permit, or certificate.  In addition, existing law
requires the applicant, among others, to submit a set of fingerprints
to the Department of Justice for the purpose of searching the
criminal records of the Federal Bureau of Investigation.
   Existing law authorizes the director, after review of the criminal
record, to grant an exemption from disqualification for a license or
special permit or certificate of approval, if the director has
substantial and convincing evidence to support a reasonable belief
that the applicant and the person convicted of the crime, if other
than the applicant, are of such good character as to justify issuance
of the license or special permit.
   This bill would provide that the record reviewed by the director
for purposes of determining whether to grant an exemption, may be a
criminal record obtained through the California Law Enforcement
Telecommunications System (CLETS), for purposes of a temporary
exemption, but that a final exemption decision is to be based on
records obtained pursuant to the fingerprint clearance check.
 
   (1) Existing law sets forth circumstances under which a minor may
be adjudged a dependent child of the juvenile court, and establishes
procedures to determine the temporary placement of a dependent child.

   Existing law authorizes temporary placement of a minor child in
the home of an able and willing relative, or an able and willing
nonrelative extended family member, upon completion of an assessment
of the suitability of the relative or nonrelative extended family
member by the county welfare department.  Under existing law, the
standards the home of a nonrelative extended family member for the
placement of a child is required to be the same standards as set
forth in regulations for licensing foster family homes. Under
existing law, these provisions become inoperative and are to be
replaced with similar provisions on January 1, 2006.
   Existing law separately provides for Aid to Families with
Dependent Children (AFDC) for children who have been removed from
their homes in certain instances.
   This bill would delete the date upon which the above provisions
become inoperative and would repeal the alternative provisions.  The
bill would require, immediately following the placement of a child in
the home of a relative or a nonrelative extended family member, that
the county welfare department evaluate and approve or deny the home
for purposes of AFDC-FC eligibility.  By expanding the duties of
county welfare departments in this regard, the bill would impose a
state-mandated local program. 
   (2) Existing law requires the county social worker to visit the
home of a relative or prospective guardian who is not a licensed or
certified foster parent, prior to placing the child in that home, to
ascertain the appropriateness of the placement.  Existing law also
requires the court or county social worker to initiate a state and
federal criminal records check through the California Law Enforcement
Telecommunications System, and within 5 days after that to initiate
a fingerprint clearance check of the person through the Department of
Justice.  Existing law requires the court and county social worker
to consider the home of the person for placement of the child, if the
fingerprint clearance check indicates that the person has no
criminal record.  Existing law provides until January 1, 2005, that
the child shall not be placed in the home of the person if the
fingerprint clearance check indicates that the person has been
convicted of a crime that would preclude licensure as a community
care facility, unless a criminal records exemption approved by the
Director of Social Services has been granted by the county.
   This bill would  extend the exemption authority
indefinitely.  The bill would authorize the temporary  
revise these provisions, including authorizing the  placement of
a child, based on the results of the criminal records check,
 but would require final placement decision to be based only
on the fingerprint clearance check   instead of the
fingerprint clearance check, and would make other, technical changes
 .  
  (3) 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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   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. 
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:   no   yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  
  SECTION 1.  Section 1522 of the Health and Safety Code is amended
to read:
   1522.  The Legislature recognizes the need to generate timely and
accurate positive fingerprint identification of applicants as a
condition of issuing licenses, permits, or certificates of approval
for persons to operate or provide direct care services in a community
care facility, foster family home, or a certified family home of a
licensed foster family agency.  Therefore, the Legislature supports
the use of the fingerprint live-scan technology, as identified in the
long-range plan of the Department of Justice for fully automating
the processing of fingerprints and other data by the year 1999,
otherwise known as the California Crime Information Intelligence
System (CAL-CII), to be used for applicant fingerprints.  It is the
intent of the Legislature in enacting this section to require the
fingerprints of those individuals whose contact with community care
clients may pose a risk to the clients' health and safety.
   (a) (1) Before issuing a license or special permit to any person
or persons to operate or manage a community care facility, the State
Department of Social Services shall secure from an appropriate law
enforcement agency a criminal record to determine whether the
applicant or any other person specified in subdivision (b) has ever
been convicted of a crime other than a minor traffic violation or
arrested for any crime specified in Section 290 of the Penal Code,
for violating Section 245 or 273.5, subdivision (b) of Section 273a
or, prior to January 1, 1994, paragraph (2) of Section 273a of the
Penal Code, or for any crime for which the department cannot grant an
exemption if the person was convicted and the person has not been
exonerated.
   (2) The criminal history information shall include the full
criminal record, if any, of those persons, and subsequent arrest
information pursuant to Section 11105.2 of the Penal Code.
   (3) Except during the 2003-04 fiscal year, no fee shall be charged
by the Department of Justice or the State Department of Social
Services for the fingerprinting of an applicant for a license or
special permit to operate a facility providing nonmedical board,
room, and care for six or less children or for obtaining a criminal
record of the applicant pursuant to this section.
   (4) The following shall apply to the criminal record information:

   (A) If the State Department of Social Services finds that the
applicant, or any other person specified in subdivision (b), has been
convicted of a crime other than a minor traffic violation, the
application shall be denied, unless the director grants an exemption
pursuant to subdivision (g).
   (B) If the State Department of Social Services finds that the
applicant, or any other person specified in subdivision (b) is
awaiting trial for a crime other than a minor traffic violation, the
State Department of Social Services may cease processing the
application until the conclusion of the trial.
   (C) If no criminal record information has been recorded, the
Department of Justice shall provide the applicant and the State
Department of Social Services with a statement of that fact.
   (D) If the State Department of Social Services finds after
licensure that the licensee, or any other person specified in
paragraph (2) of subdivision (b), has been convicted of a crime other
than a minor traffic violation, the license may be revoked, unless
the director grants an exemption pursuant to subdivision (g).
   (E) An applicant and any other person specified in subdivision (b)
shall submit a second set of fingerprints to the Department of
Justice for the purpose of searching the criminal records of the
Federal Bureau of Investigation, in addition to the criminal records
search required by this subdivision.  If an applicant and all other
persons described in subdivision (b) meet all of the conditions for
licensure, except receipt of the Federal Bureau of Investigation's
criminal history information for the applicant or any of the persons
described in subdivision (b), the department may issue a license if
the applicant and each person described in subdivision (b) has signed
and submitted a statement that he or she has never been convicted of
a crime in the United States, other than a traffic infraction, as
defined in paragraph (1) of subdivision (a) of Section 42001 of the
Vehicle Code.  If, after licensure, the department determines that
the licensee or any other person specified in subdivision (b) has a
criminal record, the license may be revoked pursuant to Section 1550.
  The department may also suspend the license pending an
administrative hearing pursuant to Section 1550.5.
   (b) (1) In addition to the applicant, this section shall be
applicable to criminal convictions of the following persons:
   (A) Adults responsible for administration or direct supervision of
staff.
   (B) Any person, other than a client, residing in the facility.
   (C) Any person who provides client assistance in dressing,
grooming, bathing, or personal hygiene.  Any nurse assistant or home
health aide meeting the requirements of Section 1338.5 or 1736.6,
respectively, who is not employed, retained, or contracted by the
licensee, and who has been certified or recertified on or after July
1, 1998, shall be deemed to meet the criminal record clearance
requirements of this section.  A certified nurse assistant and
certified home health aide who will be providing client assistance
and who falls under this exemption shall provide one copy of his or
her current certification, prior to providing care, to the community
care facility.  The facility shall maintain the copy of the
certification on file as long as care is being provided by the
certified nurse assistant or certified home health aide at the
facility.  Nothing in this paragraph restricts the right of the
department to exclude a certified nurse assistant or certified home
health aide from a licensed community care facility pursuant to
Section 1558.
   (D) Any staff person, volunteer, or employee who has contact with
the clients.
   (E) If the applicant is a firm, partnership, association, or
corporation, the chief executive officer or other person serving in
like capacity.
   (F) Additional officers of the governing body of the applicant, or
other persons with a financial interest in the applicant, as
determined necessary by the department by regulation.  The criteria
used in the development of these regulations shall be based on the
person's capability to exercise substantial influence over the
operation of the facility.
   (2) The following persons are exempt from the requirements
applicable under paragraph (1).
   (A) A medical professional as defined in department regulations
who holds a valid license or certification from the person's
governing California medical care regulatory entity and who is not
employed, retained, or contracted by the licensee if all of the
following apply:
   (i) The criminal record of the person has been cleared as a
condition of licensure or certification by the person's governing
California medical care regulatory entity.
   (ii) The person is providing time-limited specialized clinical
care or services.
   (iii) The person is providing care or services within the person's
scope of practice.
   (iv) The person is not a community care facility licensee or an
employee of the facility.
   (B) A third-party repair person or similar retained contractor if
all of the following apply:
   (i) The person is hired for a defined, time-limited job.
   (ii) The person is not left alone with clients.
   (iii) When clients are present in the room in which the
repairperson or contractor is working, a staff person who has a
criminal record clearance or exemption is also present.
   (C) Employees of a licensed home health agency and other members
of licensed hospice interdisciplinary teams who have a contract with
a client or resident of the facility and are in the facility at the
request of that client or resident's legal decisionmaker.  The
exemption shall not apply to a person who is a community care
facility licensee or an employee of the facility.
   (D) Clergy and other spiritual caregivers who are performing
services in common areas of the community care facility or who are
advising an individual client at the request of, or with the
permission of, the client or legal decisionmaker, are exempt from
fingerprint and criminal background check requirements imposed by
community care licensing.  This exemption shall not apply to a person
who is a community care licensee or employee of the facility.
   (E) Members of fraternal, service, or similar organizations who
conduct group activities for clients if all of the following apply:
   (i) Members are not left alone with clients.
   (ii) Members do not transport clients off the facility premises.
   (iii) The same organization does not conduct group activities for
clients more often than defined by the department's regulations.
   (3) In addition to the exemptions in paragraph (2), the following
persons in foster family homes, certified family homes, and small
family homes are exempt from the requirements applicable under
paragraph (1):
   (A) Adult friends and family of the licensee who come into the
home to visit for a length of time no longer than defined by the
department in regulations, provided that the adult friends and family
of the licensee are not left alone with the foster children.
   (B) Parents of a foster child's friends when the foster child is
visiting the friend's home and the friend, foster parent, or both are
also present.
   (4) In addition to the exemptions specified in paragraph (2), the
following persons in adult day care and adult day support centers are
exempt from the requirements applicable under paragraph (1):
   (A) Unless contraindicated by the client's individualized program
plan (IPP) or needs and service plan, a spouse, significant other,
relative, or close friend of a client, or an attendant or a
facilitator for a client with a developmental disability if the
attendant or facilitator is not employed, retained, or contracted by
the licensee.  This exemption applies only if the person is visiting
the client or providing direct care and supervision to the client.
   (B) A volunteer if all of the following applies:
   (i) The volunteer is supervised by the licensee or a facility
employee with a criminal record clearance or exemption.
   (ii) The volunteer is never left alone with clients.
   (iii) The volunteer does not provide any client assistance with
dressing, grooming, bathing, or personal hygiene other than washing
of hands.
   (5) (A) In addition to the exemptions specified in paragraph (2),
the following persons in adult residential and social rehabilitation
facilities, unless contraindicated by the client's individualized
program plan (IPP) or needs and services plan, are exempt from the
requirements applicable under paragraph (1):  a spouse, significant
other, relative, or close friend of a client, or an attendant or a
facilitator for a client with a developmental disability if the
attendant or facilitator is not employed, retained, or contracted by
the licensee.  This exemption applies only if the person is visiting
the client or providing direct care and supervision to that client.
   (B) Nothing in this subdivision shall prevent a licensee from
requiring a criminal record clearance of any individual exempt from
the requirements of this section, provided that the individual has
client contact.
   (6) Any person similar to those described in this subdivision, as
defined by the department in regulations.
   (c) (1) Subsequent to initial licensure, any person specified in
subdivision (b) and not exempted from fingerprinting shall, as a
condition to employment, residence, or presence in a community care
facility, be fingerprinted and sign a declaration under penalty of
perjury regarding any prior criminal convictions.  The licensee shall
submit these fingerprints to the Department of Justice, along with a
second set of fingerprints for the purpose of searching the records
of the Federal Bureau of Investigation, or to comply with paragraph
(1) of subdivision (h), prior to the person's employment, residence,
or initial presence in the community care facility. These
fingerprints shall be on a card provided by the State Department of
Social Services or sent by electronic transmission in a manner
approved by the State Department of Social Services and the
Department of Justice for the purpose of obtaining a permanent set of
fingerprints, and shall be submitted to the Department of Justice by
the licensee.  A licensee's failure to submit fingerprints to the
Department of Justice or to comply with paragraph (1) of subdivision
(h), as required in this section, shall result in the citation of a
deficiency and the immediate assessment of civil penalties in the
amount of one hundred dollars ($100) per violation.  The department
may assess civil penalties for continued violations as permitted by
Section 1548.  The fingerprints shall then be submitted to the State
Department of Social Services for processing.  Upon request of the
licensee, who shall enclose a self-addressed stamped postcard for
this purpose, the Department of Justice shall verify receipt of the
fingerprints.
   (2) Within 14 calendar days of the receipt of the fingerprints,
the Department of Justice shall notify the State Department of Social
Services of the criminal record information, as provided for in
subdivision (a).  If no criminal record information has been
recorded, the Department of Justice shall provide the licensee and
the State Department of Social Services with a statement of that fact
within 14 calendar days of receipt of the fingerprints.
Documentation of the individual's clearance or exemption shall be
maintained by the licensee and be available for inspection.  If new
fingerprints are required for processing, the Department of Justice
shall, within 14 calendar days from the date of receipt of the
fingerprints, notify the licensee that the fingerprints were
illegible.  When live-scan technology is operational, as defined in
Section 1522.04, the Department of Justice shall notify the State
Department of Social Services, as required by that section, and shall
also notify the licensee by mail, within 14 days of electronic
transmission of the fingerprints to the Department of Justice, if the
person has no criminal history recorded.  A violation of the
regulations adopted pursuant to Section 1522.04 shall result in the
citation of a deficiency and an immediate assessment of civil
penalties in the amount of one hundred dollars ($100) per violation.
The department may assess civil penalties for continued violations
as permitted by Section 1548.
   (3) Except for persons specified in paragraph (2) of subdivision
(b), the licensee shall endeavor to ascertain the previous employment
history of persons required to be fingerprinted under this
subdivision.  If it is determined by the State Department of Social
Services, on the basis of the fingerprints submitted to the
Department of Justice, that the person has been convicted of, or is
awaiting trial for, a sex offense against a minor, or has been
convicted for an offense specified in Section 243.4, 273a, 273d,
273g, or 368 of the Penal Code, or a felony, the State Department of
Social Services shall notify the licensee to act immediately to
terminate the person's employment, remove the person from the
community care facility, or bar the person from entering the
community care facility.  The State Department of Social Services may
subsequently grant an exemption pursuant to subdivision (g).  If the
conviction or arrest was for another crime, except a minor traffic
violation, the licensee shall, upon notification by the State
Department of Social Services, act immediately to either (1)
terminate the person's employment, remove the person from the
community care facility, or bar the person from entering the
community care facility; or (2) seek an exemption pursuant to
subdivision (g).  The State Department of Social Services shall
determine if the person shall be allowed to remain in the facility
until a decision on the exemption is rendered.  A licensee's failure
to comply with the department's prohibition of employment, contact
with clients, or presence in the facility as required by this
paragraph shall be grounds for disciplining the licensee pursuant to
Section 1550.
   (4) The department may issue an exemption on its own motion
pursuant to subdivision (g) if the person's criminal history
indicates that the person is of good character based on the age,
seriousness, and frequency of the conviction or convictions.  The
department, in consultation with interested parties, shall develop
regulations to establish the criteria to grant an exemption pursuant
to this paragraph.
   (5) Concurrently with notifying the licensee pursuant to paragraph
(3), the department shall notify the affected individual of his or
her right to seek an exemption pursuant to subdivision (g).  The
individual may seek an exemption only if the licensee terminates the
person's employment or removes the person from the facility after
receiving notice from the department pursuant to paragraph (3).
   (d) (1) Before issuing a license, special permit, or certificate
of approval to any person or persons to operate or manage a foster
family home or certified family home as described in Section 1506,
the State Department of Social Services or other approving authority
shall secure from an appropriate law enforcement agency a criminal
record to determine whether the applicant or any person specified in
subdivision (b) has ever been convicted of a crime other than a minor
traffic violation or arrested for any crime specified in Section 290
of the Penal Code, for violating Section 245 or 273.5, subdivision
(b) of Section 273a or, prior to January 1, 1994, paragraph (2) of
Section 273a of the Penal Code, or for any crime for which the
department cannot grant an exemption if the person was convicted and
the person has not been exonerated.
   (2) The criminal history information shall include the full
criminal record, if any, of those persons.
   (3) No fee shall be charged by the Department of Justice or the
State Department of Social Services for the fingerprinting of an
applicant for a license, special permit, or certificate of approval
described in this subdivision.  The record, if any, shall be taken
into consideration when evaluating a prospective applicant.
   (4) The following shall apply to the criminal record information:

   (A) If the applicant or other persons specified in subdivision (b)
have convictions that would make the applicant's home unfit as a
foster family home or a certified family home, the license, special
permit, or certificate of approval shall be denied.
   (B) If the State Department of Social Services finds that the
applicant, or any person specified in subdivision (b) is awaiting
trial for a crime other than a minor traffic violation, the State
Department of Social Services or other approving authority may cease
processing the application until the conclusion of the trial.
   (C) For the purposes of this subdivision, a criminal record
clearance provided under Section 8712 of the Family Code may be used
by the department or other approving agency.
   (D) An applicant for a foster family home license or for
certification as a family home, and any other person specified in
subdivision (b), shall submit a set of fingerprints to the Department
of Justice for the purpose of searching the criminal records of the
Federal Bureau of Investigation, in addition to the criminal records
search required by subdivision (a).  If an applicant meets all other
conditions for licensure, except receipt of the Federal Bureau of
Investigation's criminal history information for the applicant and
all persons described in subdivision (b), the department may issue a
license, or the foster family agency may issue a certificate of
approval, if the applicant, and each person described in subdivision
(b), has signed and submitted a statement that he or she has never
been convicted of a crime in the United States, other than a traffic
infraction, as defined in paragraph (1) of subdivision (a) of Section
42001 of the Vehicle Code.  If, after licensure or certification,
the department determines that the licensee, certified foster parent,
or any person specified in subdivision (b) has a criminal record,
the license may be revoked pursuant to Section 1550 and the
certificate of approval revoked pursuant to subdivision (b) of
Section 1534. The department may also suspend the license pending an
administrative hearing pursuant to Section 1550.5.
   (5) Any person specified in this subdivision shall, as a part of
the application, be fingerprinted and sign a declaration under
penalty of perjury regarding any prior criminal convictions or
arrests for any crime against a child, spousal or cohabitant abuse
or, any crime for which the department cannot grant an exemption if
the person was convicted and shall submit these fingerprints to the
licensing agency or other approving authority.
   (6) (A) The foster family agency shall obtain fingerprints from
certified home applicants and from persons specified in subdivision
(b) and shall submit them directly to the Department of Justice or
send them by electronic transmission in a manner approved by the
State Department of Social Services.  A foster family home licensee
or foster family agency shall submit these fingerprints to the
Department of Justice, along with a second set of fingerprints for
the purpose of searching the records of the Federal Bureau of
Investigation or to comply with paragraph (1) of subdivision (b)
prior to the person's employment, residence, or initial presence.  A
licensee's failure to submit fingerprints to the Department of
Justice, or comply with paragraph (1) of subdivision (h), as required
in this section, shall result in a citation of a deficiency, and the
immediate civil penalties of one hundred dollars ($100) per
violation.  The State Department of Social Services may assess
penalties for continued violations, as permitted by Section 1548.
The fingerprints shall then be submitted to the State Department of
Social Services for processing.
   (B) Upon request of the licensee, who shall enclose a
self-addressed envelope for this purpose, the Department of Justice
shall verify receipt of the fingerprints.  Within five working days
of the receipt of the criminal record or information regarding
criminal convictions from the Department of Justice, the department
shall notify the applicant of any criminal arrests or convictions.
If no arrests or convictions are recorded, the Department of Justice
shall provide the foster family home licensee or the foster family
agency with a statement of that fact concurrent with providing the
information to the State Department of Social Services.

   (7) If the State Department of Social Services finds that the
applicant, or any other person specified in subdivision (b), has been
convicted of a crime other than a minor traffic violation, the
application shall be denied, unless the director grants an exemption
pursuant to subdivision (g).
   (8) If the State Department of Social Services finds after
licensure or the granting of the certificate of approval that the
licensee, certified foster parent, or any other person specified in
paragraph (2) of subdivision (b), has been convicted of a crime other
than a minor traffic violation, the license or certificate of
approval may be revoked by the department or the foster family
agency, whichever is applicable, unless the director grants an
exemption pursuant to subdivision (g).  A licensee's failure to
comply with the department's prohibition of employment, contact with
clients, or presence in the facility as required by paragraph (3) of
subdivision (c) shall be grounds for disciplining the licensee
pursuant to Section 1550.
   (e) The State Department of Social Services shall not use a record
of arrest to deny, revoke, or terminate any application, license,
employment, or residence unless the department investigates the
incident and secures evidence, whether or not related to the incident
of arrest, that is admissible in an administrative hearing to
establish conduct by the person that may pose a risk to the health
and safety of any person who is or may become a client. The State
Department of Social Services is authorized to obtain any arrest or
conviction records or reports from any law enforcement agency as
necessary to the performance of its duties to inspect, license, and
investigate community care facilities and individuals associated with
a community care facility.
   (f) (1) For purposes of this section or any other provision of
this chapter, a conviction means a plea or verdict of guilty or a
conviction following a plea of nolo contendere.  Any action which the
State Department of Social Services is permitted to take following
the establishment of a conviction may be taken when the time for
appeal has elapsed, or the judgment of conviction has been affirmed
on appeal or when an order granting probation is made suspending the
imposition of sentence, notwithstanding a subsequent order pursuant
to Sections 1203.4 and 1203.4a of the Penal Code permitting the
person to withdraw his or her plea of guilty and to enter a plea of
not guilty, or setting aside the verdict of guilty, or dismissing the
accusation, information, or indictment.  For purposes of this
section or any other provision of this chapter, the record of a
conviction, or a copy thereof certified by the clerk of the court or
by a judge of the court in which the conviction occurred, shall be
conclusive evidence of the conviction.  For purposes of this section
or any other provision of this chapter, the arrest disposition report
certified by the Department of Justice, or documents admissible in a
criminal action pursuant to Section 969b of the Penal Code, shall be
prima facie evidence of the conviction, notwithstanding any other
provision of law prohibiting the admission of these documents in a
civil or administrative action.
   (2) For purposes of this section or any other provision of this
chapter, the department shall consider criminal convictions from
another state or federal court as if the criminal offense was
committed in this state.
   (g) (1) (A) After review of the record, the director may grant an
exemption from disqualification for a license or special permit as
specified in paragraphs (1) and (4) of subdivision (a), or for a
license, special permit, or certificate of approval as specified in
paragraphs (4) and (5) of subdivision (d), or for employment,
residence, or presence in a community care facility as specified in
paragraphs (3), (4), and (5) of subdivision (c), if the director has
substantial and convincing evidence to support a reasonable belief
that the applicant and the person convicted of the crime, if other
than the applicant, are of such good character as to justify issuance
of the license or special permit or granting an exemption for
purposes of subdivision (c).  The record reviewed pursuant to this
section may be a criminal record obtained through the California Law
Enforcement Telecommunications System (CLETS), for purposes of a
temporary exemption decision.  A final exemption decision shall be
based only on the records obtained pursuant to a fingerprint
clearance check initiated through the Department of Justice.
   (B) Except as otherwise provided in this subdivision, no exemption
shall be granted pursuant to this subdivision if the conviction was
for any of the following offenses:
   (i) An offense specified in Section 220, 243.4, or 264.1,
subdivision (a) of Section 273a or, prior to January 1, 1994,
paragraph (1) of Section 273a, Section 273d, 288, or 289, subdivision
(a) of Section 290, or Section 368 of the Penal Code, or was a
conviction of another crime against an individual specified in
subdivision (c) of Section 667.5 of the Penal Code.
   (ii) Notwithstanding clause (i), the director may grant an
exemption regarding the conviction for an offense described in
paragraph (1), (2), (7), or (8) of subdivision (c) of Section 667.5
of the Penal Code, if the employee or prospective employee has been
rehabilitated as provided in Section 4852.03 of the Penal Code, has
maintained the conduct required in Section 4852.05 of the Penal Code
for at least 10 years, and has the recommendation of the district
attorney representing the employee's county of residence, or if the
employee or prospective employee has received a certificate of
rehabilitation pursuant to Chapter 3.5 (commencing with Section
4852.01) of Title 6 of Part 3 of the Penal Code.
   (C) A felony offense specified in Section 729 of the Business and
Professions Code or Section 206 or 215, subdivision (a) of Section
347, subdivision (b) of Section 417, or subdivision (a) of Section
451 of the Penal Code.
   (2) The department shall not prohibit a person from being employed
or having contact with clients in a facility on the basis of a
denied criminal record exemption request or arrest information unless
the department complies with the requirements of Section 1558.
   (h) (1) For purposes of compliance with this section, the
department may permit an individual to transfer a current criminal
record clearance, as defined in subdivision (a), from one facility to
another, as long as the criminal record clearance has been processed
through a state licensing district office, and is being transferred
to another facility licensed by a state licensing district office.
The request shall be in writing to the State Department of Social
Services, and shall include a copy of the person's driver's license
or valid identification card issued by the Department of Motor
Vehicles, or a valid photo identification issued by another state or
the United States government if the person is not a California
resident.  Upon request of the licensee, who shall enclose a
self-addressed envelope for this purpose, the State Department of
Social Services shall verify whether the individual has a clearance
that can be transferred.
   (2) The State Department of Social Services shall hold criminal
record clearances in its active files for a minimum of two years
after an employee is no longer employed at a licensed facility in
order for the criminal record clearance to be transferred.
   (i) The full criminal record obtained for purposes of this section
may be used by the department or by a licensed adoption agency as a
clearance required for adoption purposes.
   (j) If a licensee or facility is required by law to deny
employment or to terminate employment of any employee based on
written notification from the state department that the employee has
a prior criminal conviction or is determined unsuitable for
employment under Section 1558, the licensee or facility shall not
incur civil liability or unemployment insurance liability as a result
of that denial or termination.
   (k) (1) The Department of Justice shall coordinate with the State
Department of Social Services to establish and implement an automated
live-scan processing system for fingerprints in the district offices
of the Community Care Licensing Division of the State Department of
Social Services by July 1, 1999.  These live-scan processing units
shall be connected to the main system at the Department of Justice by
July 1, 1999, and shall become part of that department's pilot
project in accordance with its long-range plan.  The State Department
of Social Services may charge a fee for the costs of processing a
set of live-scan fingerprints.
   (2) The Department of Justice shall provide a report to the Senate
and Assembly fiscal committees, the Assembly Human Services
Committee, and to the Senate Health and Human Services Committee by
April 15, 1999, regarding the completion of backlogged criminal
record clearance requests for all facilities licensed by the State
Department of Social Services and the progress on implementing the
automated live-scan processing system in the two district offices
pursuant to paragraph (1).
   (l) Amendments to this section made in the 1999 portion of the
1999-2000 Regular Session shall be implemented commencing 60 days
after the effective date of the act amending this section in the 1999
portion of the 1999-2000 Regular Session, except that those
provisions for the submission of fingerprints for searching the
records of the Federal Bureau of Investigation shall be implemented
90 days after the effective date of that act.
  SEC. 2.   
  SECTION 1.  Section 309 of the Welfare and Institutions Code, as
amended by Section 3 of Chapter 918 of the Statutes of 2002, is
amended to read: 
   309.  (a) Upon delivery to the social worker of a child who has
been taken into temporary custody under this article, the social
worker shall immediately investigate the circumstances of the child
and the facts surrounding the child's being taken into custody and
attempt to maintain the child with the child's family through the
provision of services.  The social worker shall immediately release
the child to the custody of the child's parent, guardian, or
responsible relative unless one or more of the following conditions
exist:
   (1) The child has no parent, guardian, or responsible relative; or
the child's parent, guardian, or responsible relative is not willing
to provide care for the child.
   (2) Continued detention of the child is a matter of immediate and
urgent necessity for the protection of the child and there are no
reasonable means by which the child can be protected in his or her
home or the home of a responsible relative.
   (3) There is substantial evidence that a parent, guardian, or
custodian of the child is likely to flee the jurisdiction of the
court.
   (4) The child has left a placement in which he or she was placed
by the juvenile court.
   (5) The parent or other person having lawful custody of the child
voluntarily surrendered physical custody of the child pursuant to
Section 1255.7 of the Health and Safety Code and did not reclaim the
child within the 14-day period specified in subdivision (e) of that
section.
   (b) In any case in which there is reasonable cause for believing
that a child who is under the care of a physician or surgeon or a
hospital, clinic, or other medical facility and cannot be immediately
moved is a person described in Section 300, the child shall be
deemed to have been taken into temporary custody and delivered to the
social worker for the purposes of this chapter while the child is at
the office of the physician or surgeon or the medical facility.
   (c) If the child is not released to his or her parent or guardian,
the child shall be deemed detained for purposes of this chapter.
   (d) (1) If an able and willing relative, as defined in Section
319, or an able and willing nonrelative extended family member, as
defined in Section 362.7, is available and requests temporary
placement of the child pending the detention hearing, the county
welfare department shall initiate an assessment of the relative's or
nonrelative extended family member's suitability, which shall include
an in-home inspection to assess the safety of the home and the
ability of the relative or nonrelative extended family member to care
for the child's needs, and a consideration of the results of a
criminal records check  conducted pursuant to Section 16504.5
 and a check of allegations of prior child abuse or neglect
concerning the relative or nonrelative extended family member and
other adults in the home.  Upon completion of this assessment, the
child may be placed in the  approved  home.
   (2)  Immediately following the placement of a child in the
home of a relative or a nonrelative extended family member, the
county welfare department shall evaluate and approve or deny the home
for purposes of AFDC-FC eligibility pursuant to Section 11402. 
  The standards used to evaluate and grant or deny approval of the
home of the relative and of the home of a nonrelative extended family
member, as described in Section 362.7, shall be the same standards
set forth in regulations for the licensing of foster family homes
which prescribe standards of safety and sanitation for the physical
plant and standards for basic personal care, supervision, and
services provided by the caregiver.
   (3) If a relative or nonrelative extended family member meets all
other conditions for approval, except for the receipt of the Federal
Bureau of Investigation's criminal history information for the
relative or nonrelative extended family member, and other adults in
the home, as indicated, the county welfare department may approve the
home and document that approval, if the relative or nonrelative
extended family member, and each adult in the home, has signed and
submitted a statement that he or she has never been convicted of a
crime in the United States, other than a traffic infraction as
defined in paragraph (1) of subdivision (a) of Section 42001 of the
Vehicle Code.  If, after the approval has been granted, the
department determines that the relative or nonrelative extended
family member or other adult in the home has a criminal record, the
approval may be terminated.  
   (e) This section shall be repealed on January 1, 2006, unless a
later enacted statute extends or deletes that date.   
  SEC. 2.  Section 309 of the Welfare and Institutions Code, as
amended by Section 4 of Chapter 918 of the Statutes of 2002, is
repealed.  
   309.  (a) Upon delivery to the social worker of a child who has
been taken into temporary custody under this article, the social
worker shall immediately investigate the circumstances of the child
and the facts surrounding the child's being taken into custody and
attempt to maintain the child with the child's family through the
provision of services.  The social worker shall immediately release
the child to the custody of the child's parent, guardian, or
responsible relative unless one or more of the following conditions
exist:
   (1) The child has no parent, guardian, or responsible relative; or
the child's parent, guardian, or responsible relative is not willing
to provide care for the child.
   (2) Continued detention of the child is a matter of immediate and
urgent necessity for the protection of the child and there are no
reasonable means by which the child can be protected in his or her
home or the home of a responsible relative.
   (3) There is substantial evidence that a parent, guardian, or
custodian of the child is likely to flee the jurisdiction of the
court.
   (4) The child has left a placement in which he or she was placed
by the juvenile court.
   (b) In any case in which there is reasonable cause for believing
that a child who is under the care of a physician or surgeon or a
hospital, clinic, or other medical facility and cannot be immediately
moved is a person described in Section 300, the child shall be
deemed to have been taken into temporary custody and delivered to the
social worker for the purposes of this chapter while the child is at
the office of the physician or surgeon or the medical facility.
   (c) If the child is not released to his or her parent or guardian,
the child shall be deemed detained for purposes of this chapter.
   (d) If an able and willing relative, as defined in Section 319, or
an able and willing nonrelative extended family member, as defined
in Section 362.7, is available and requests temporary placement of
the child pending the detention hearing, the county welfare
department shall initiate an assessment of the relative's or
nonrelative extended family member's suitability, which shall include
an in-home inspection to assess the safety of the home and the
ability of the relative or nonrelative extended family member to care
for the child's needs, and a consideration of the results of a
criminal records check and a check of allegations of prior child
abuse or neglect concerning the relative or nonrelative extended
family member and other adults in the home.  Upon completion of this
assessment, the child may be placed in the approved home.  The
standards used to evaluate and grant or deny approval of the home of
a relative or a nonrelative extended family member, as described in
Section 362.7, shall be the same standards set forth in regulations
for licensing foster family homes.  These regulations prescribe
standards of safety and sanitation for the physical plant and
standards for basic personal care, supervision, and services provided
by the caregiver.  If a relative or nonrelative extended family
member meets all other conditions for approval, except for the
receipt of the Federal Bureau of Investigation's criminal history
information for a relative, or nonrelative extended family member,
and other adults in the home, as indicated, the county welfare
department may approve the home and document that approval, if the
relative, or nonrelative extended family member, and each adult in
the home has signed and submitted a statement that he or she has
never been convicted of a crime in the United States, other than a
traffic infraction as defined in paragraph (1) of subdivision (a) of
Section 42001 of the Vehicle Code.  If, after the approval has been
granted, the department determines that the relative or nonrelative
extended family member or other adult in the home has a criminal
record, the approval may be terminated.   
  SEC. 3.  Section 319 of the Welfare and Institutions Code is
amended to read: 
   319.  (a) At the initial petition hearing, the court shall examine
the child's parents, guardians, or other persons having relevant
knowledge and hear the relevant evidence as the child, the child's
parents or guardians, the petitioner, or their counsel desires to
present.  The court may examine the child, as provided in Section
350.
   (b) The social worker shall report to the court on the reasons why
the child has been removed from the parent's custody; the need, if
any, for continued detention; the available services and the referral
methods to those services that could facilitate the return of the
child to the custody of the child's parents or guardians; and whether
there are any relatives who are able and willing to take temporary
custody of the child.  The court shall order the release of the child
from custody unless a prima facie showing has been made that the
child comes within Section 300, the court finds that continuance in
the parent's or guardian's home is contrary to the child's welfare,
and any of the following circumstances exist:
   (1) There is a substantial danger to the physical health of the
child or the child is suffering severe emotional damage, and there
are no reasonable means by which the child's physical or emotional
health may be protected without removing the child from the parents'
or guardians' physical custody.
   (2) There is substantial evidence that a parent, guardian, or
custodian of the child is likely to flee the jurisdiction of the
court.
   (3) The child has left a placement in which he or she was placed
by the juvenile court.
   (4) The child indicates an unwillingness to return home, if the
child has been physically or sexually abused by a person residing in
the home.
   (c) If the matter is continued pursuant to Section 322 or for any
other reason, the court shall find that the continuance of the child
in the parent's or guardian's home is contrary to the child's welfare
at the initial petition hearing or order the release of the child
from custody.
   (d) (1) The court shall also make a determination on the record,
referencing the social worker's report or other evidence relied upon,
as to whether reasonable efforts were made to prevent or eliminate
the need for removal of the child from his or her home, pursuant to
subdivision (b) of Section 306, and whether there are available
services that would prevent the need for further detention.  Services
to be considered for purposes of making this determination are case
management, counseling, emergency shelter care, emergency in-home
caretakers, out-of-home respite care, teaching and demonstrating
homemakers, parenting training, transportation, and any other child
welfare services authorized by the State Department of Social
Services pursuant to Chapter 5 (commencing with Section 16500) of
Part 4 of Division 9. The court shall also review whether the social
worker has considered whether a referral to public assistance
services pursuant to Chapter 2 (commencing with Section 11200) and
Chapter 7 (commencing with Section 14000) of Part 3, Chapter 1
(commencing with Section 17000) of Part 5, and Chapter 10 (commencing
with Section 18900) of Part 6 of Division 9 would have eliminated
the need to take temporary custody of the child or would prevent the
need for further detention.
   (2) If the child can be returned to the custody of his or her
parent or guardian through the provision of those services, the court
shall place the child with his or her parent or guardian and order
that the services shall be provided.  If the child cannot be returned
to the custody of his or her parent or guardian, the court shall
determine if there is a relative who is able  , approved,
 and willing to care for the child  , and has been
assessed pursuant to paragraph (1) of subdivision (d) of Section 309
 .
   (e) Whenever a court orders a child detained, the court shall
state the facts on which the decision is based, shall specify why the
initial removal was necessary, shall reference the social worker's
report or other evidence relied upon to make its determination
whether continuance in the home of the parent or legal guardian in
contrary to the child's welfare, shall order temporary placement and
care of the child to be vested with the county child welfare
department pending the hearing held pursuant to Section 355 or
further order of the court, and shall order services to be provided
as soon as possible to reunify the child and his or her family if
appropriate.
   (f) When the child is not released from custody, the court may
order that the child shall be placed in the  approved
  assessed  home of a relative, in an emergency
shelter or other suitable licensed place, in a place exempt from
licensure designated by the juvenile court, or in the 
approved   assessed  home of a nonrelative extended
family member as defined in Section 362.7 for a period not to exceed
15 judicial days.
   As used in this section, "relative" means an adult who is related
to the child by blood, adoption, or affinity within the fifth degree
of kinship, including stepparents, stepsiblings, and all relatives
whose status is preceded by the words "great," "great-great," or
"grand," or the spouse of any of these persons, even if the marriage
was terminated by death or dissolution.  However, only the following
relatives shall be given preferential consideration for placement of
the child:  an adult who is a grandparent, aunt, uncle, or sibling of
the child.
   The court shall consider the recommendations of the social worker
based on the approval of the relative's home, including the results
of a criminal records check and prior child abuse allegations, if
any, prior to ordering that the child be placed with a relative.  The
court shall order the parent to disclose to the social
                            worker the names, residences, and any
known identifying information of any maternal or paternal relatives
of the child.  The social worker shall initiate the assessment
pursuant to Section 361.3 of any relative to be considered for
continuing placement.   
  SEC. 4.   Section 361.4 of the Welfare and Institutions Code,
as amended by Section 5 of Chapter 918 of the Statutes of 2002, is
repealed.   
  SEC. 3.   
  SEC. 5.   Section 361.4 of the Welfare and Institutions Code,
as amended by Section 6 of Chapter 918 of the Statutes of 2002, is
amended to read:
   361.4.  (a) Prior to placing a child in the home of a relative, or
the home of any prospective guardian or other person who is not a
licensed or certified foster parent, the county social worker shall
visit the home to ascertain the appropriateness of the placement.
   (b) Whenever a child may be placed in the home of a relative, or
the home of any prospective guardian or other person who is not a
licensed or certified foster parent, the court or county social
worker placing the child shall cause a state and federal level
criminal records check to be conducted by an appropriate governmental
agency through the California Law Enforcement Telecommunications
System (CLETS) pursuant to Section 16504.5.  The criminal records
check shall be conducted with regard to all persons over the age of
18 years living in the home, and on any other person over the age of
18 years, other than professionals providing professional services to
the child, known to the placing entity who may have significant
contact with the child, including any person who has a familial or
intimate relationship with any person living in the home.  A criminal
records check may be conducted pursuant to this section on any
person over the age of 14 years living in the home who the county
social worker believes may have a criminal record.  Within five
judicial days following the criminal records check conducted through
the California Law Enforcement Telecommunications System, the social
worker shall ensure that a fingerprint clearance check of the
relative and any other person whose criminal record was obtained
pursuant to this subdivision is initiated through the Department of
Justice to ensure the accuracy of the criminal records check
conducted through the California Law Enforcement Telecommunications
System and shall review the results of any criminal records check to
assess the safety of the home.  The Department of Justice shall
forward fingerprint requests for federal level criminal history
information to the Federal Bureau of Investigation pursuant to this
section.
   (c) Whenever a child may be placed in the home of a relative, or a
prospective guardian or other person who is not a licensed or
certified foster parent, the county social worker shall cause a check
of the Child Abuse Index pursuant to subdivision (a) of Section
11170 of the Penal Code to be requested from the Department of
Justice.  The Child Abuse Index check shall be conducted on all
persons over the age of 18 years living in the home.
   (d) (1) If the criminal records check indicates that the person
has no criminal record, the county social worker and court may
consider the home of the relative, prospective guardian, or other
 child   person  who is not a licensed or
certified foster parent for  the temporary 
placement of a child.  However, a final placement decision
shall be based only on the records obtained pursuant to the
fingerprint clearance check. 
   (2) If the criminal records check indicates that the person has
been convicted of a crime that would preclude licensure under Section
1522 of the Health and Safety Code, the child  shall
  may  not be placed in the home, unless a 
temporary  criminal records exemption has been granted by
the county, based on substantial and convincing evidence to support a
reasonable belief that the person with the criminal conviction is of
such good character as to justify the placement and not present a
risk of harm  to the child, pursuant to paragraph (3) of this
subdivision.  However, a final exemption decision shall be based
only on the records obtained pursuant to the fingerprint clearance
check.
   (3) (A) A county may issue a criminal records exemption only if
that county has been granted permission by the Director of Social
Services to issue criminal records exemptions.  The county may file a
request with the Director of Social Services seeking permission for
the county to establish a procedure to evaluate and grant appropriate
individual criminal records exemptions for persons described in
subdivision (b).  The director shall grant or deny the county's
request within 14 days of receipt.  The county shall evaluate
individual criminal records in accordance with the standards and
limitations set forth in paragraph (1) of subdivision (g) of Section
1522 of the Health and Safety Code, and in no event shall the county
place a child in the home of a person who is ineligible for an
exemption under that provision.
   (B) The department shall monitor county implementation of the
authority to grant an exemption under this paragraph to ensure that
the county evaluates individual criminal records and allows or
disallows placements according to the standards set forth in
paragraph (1) of subdivision (g) of Section 1522 of the Health and
Safety Code.
   (4) The department shall conduct an evaluation of the
implementation of paragraph (3) through random sampling of county
exemption decisions.
   (5) The State Department of Social Services shall not evaluate or
grant criminal record exemption requests for persons described in
subdivision (b), unless the exemption request is made by an Indian
tribe pursuant to subdivision (f).
   (6) If a county has not requested, or has not been granted,
permission by the State Department of Social Services to establish a
procedure to evaluate and grant criminal records exemptions, the
county may not place a child into the home of a person described in
subdivision (b) if any person residing in the home has been convicted
of a crime other than a minor traffic violation, except as provided
in subdivision (f).
   (e) Nothing in this section shall preclude a county from
conducting a criminal background check that the county is otherwise
authorized to conduct using fingerprints.
   (f) Upon request from an Indian tribe, the State Department of
Social Services shall evaluate an exemption request, if needed, to
allow placement into an Indian home that the tribe has designated for
placement under the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et
seq.) that would otherwise be barred under this section.  However,
if the county with jurisdiction over the child that is the subject of
the tribe's request has established an approved procedure pursuant
to paragraph (3) of subdivision (d), the tribe may request that the
county evaluate the exemption request.  Once a tribe has elected to
have the exemption request reviewed by either the State Department of
Social Services or the county, the exemption decision may only be
made by that entity.  Nothing in this subdivision limits the duty of
a county social worker to evaluate the home for placement or to
gather information needed to evaluate an exemption request. 
 to the child.   
  SEC. 6.  Notwithstanding Section 17610 of the Government Code, 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.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.