BILL NUMBER: SB 692	CHAPTERED
	BILL TEXT

	CHAPTER  2
	FILED WITH SECRETARY OF STATE  MARCH 14, 2008
	APPROVED BY GOVERNOR  MARCH 14, 2008
	PASSED THE SENATE  MARCH 10, 2008
	PASSED THE ASSEMBLY  JANUARY 22, 2008
	AMENDED IN ASSEMBLY  JANUARY 17, 2008
	AMENDED IN ASSEMBLY  SEPTEMBER 5, 2007
	AMENDED IN ASSEMBLY  JUNE 7, 2007
	AMENDED IN SENATE  MAY 2, 2007

INTRODUCED BY   Senator Ashburn

                        FEBRUARY 23, 2007

   An act to amend Section 15660 of, and to add Section 12301.8 to,
the Welfare and Institutions Code, relating to in-home supportive
services.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 692, Ashburn. In-home supportive services: criminal background
checks.
   Existing law provides for the In-Home Supportive Services (IHSS)
program, under which qualified aged, blind, and disabled persons
receive services enabling them to remain in their own homes. Existing
law permits services to be provided under the IHSS program either
through the employment of individual providers, a contract between
the county and an entity for the provision of services, the creation
by the county of a public authority, or a contract between the county
and a nonprofit consortium. Under existing law, the functions of a
nonprofit consortium contracting with the county to operate the
program, or a public authority established for this purpose, include
investigating the qualifications and background of potential
personnel.
    Existing law requires the Department of Justice to secure any
criminal record to determine whether a person has been convicted or
incarcerated within the last 10 years for a sex offense against a
minor or for a violation of other prescribed crimes, including any
felony, and to provide a subsequent arrest notification, as provided,
if an employer of the person requests the determination and submits
fingerprints of the person to the department and the person is
unlicensed and provides nonmedical domestic or personal care to an
aged or disabled adult in the adult's own home. Existing law defines
"employer" for purposes of these provisions to include, but not be
limited to, an IHSS recipient and any recipient of personal care
services under the Medi-Cal program.
   This bill would authorize a nonprofit consortium or public
authority to assist an aged or disabled adult who is ineligible for
IHSS program services in obtaining a criminal background check
conducted by the Department of Justice on a provider, as described.
The bill would also revise the definition of employer in the
above-described provisions that require the Department of Justice to
secure a criminal background check to include an aged or disabled
adult, or that individual's authorized representative, who is
ineligible to receive IHSS benefits and who receives in-home
nonmedical domestic or personal care from a provider, as defined.
   The bill would authorize a nonprofit consortium or a public
authority to recover costs related to administering these provisions.



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

  SECTION 1.  Section 12301.8 is added to the Welfare and
Institutions Code, to read:
   12301.8.  (a) (1) A public authority or nonprofit consortium
established pursuant to Section 12301.6, upon the request of an aged
or disabled adult or that individual's authorized representative, may
assist an employer, as defined in paragraph (2), in obtaining a
criminal background check conducted by the Department of Justice, as
authorized pursuant to Section 15660, of a provider, as described in
paragraph (3).
   (2) For purposes of this section, an "employer" means an aged or
disabled adult, or that individual's authorized representative, who
is ineligible for benefits under this chapter and who receives care
by a provider as described in paragraph (3).
   (3) For purposes of this section, a "provider" means a person who
is unlicensed and provides nonmedical domestic or personal care to an
aged or disabled adult who is ineligible to receive benefits under
this chapter, in the adult's own home.
   (b) A public authority or nonprofit consortium may recover the
costs of administering this section, including the cost to the
Department of Justice for processing the criminal background check,
from the individual making the request, as described in subdivision
(a).
   (c) No General Fund moneys shall be used to implement this
section.
  SEC. 2.  Section 15660 of the Welfare and Institutions Code is
amended to read:
   15660.  (a) The Department of Justice shall secure any criminal
record of a person to determine whether the person has ever been
convicted of a violation or attempted violation of Section 243.4 of
the Penal Code, a sex offense against a minor, or of any felony that
requires registration pursuant to Section 290 of the Penal Code, or
whether the person has been convicted or incarcerated within the last
10 years as the result of committing a violation or attempted
violation of Section 273a, 273d, or subdivision (a) or (b) of Section
368, of the Penal Code, or as the result of committing a theft,
robbery, burglary, or any felony, and shall provide a subsequent
arrest notification pursuant to Section 11105.2 of the Penal Code, if
both of the following conditions are met:
   (1) An employer of the person requests the determination and
submits fingerprints of the person to the Department of Justice. For
purposes of this paragraph, "employer" includes, but is not limited
to, an in-home supportive services recipient, as defined by Section
12302.2, an aged or disabled adult who is ineligible for benefits
under Chapter 3 (commencing with Section 12000), who receives care by
a person as described with paragraph (2), any recipient of personal
care services under the Medi-Cal program pursuant to Sections
14132.95 to 14132.97, inclusive, and any public authority or
nonprofit consortium, as described in subdivision (a) of Section
12301.6.
   (2) The person is unlicensed and provides nonmedical domestic or
personal care to an aged or disabled adult in the adult's own home.
   (b) (1) If it is found that the person has ever been convicted of
a violation or attempted violation of Section 243.4 of the Penal
Code, a sex offense against a minor, or of any felony which requires
registration pursuant to Section 290 of the Penal Code, or that the
person has been convicted or incarcerated within the last 10 years as
the result of committing a violation or attempted violation of
Section 273a, 273d, or subdivision (a) or (b) of Section 368, of the
Penal Code, or as the result of committing a theft, robbery,
burglary, or any felony, the Department of Justice shall notify the
employer of that fact. If no criminal record information has been
recorded, the Department of Justice shall provide the employer with a
statement of that fact.
   (2) Any employer may deny employment to any person who is the
subject of a report under paragraph (1) when the report indicates
that the person has committed any of the crimes identified in
paragraph (1).
   (3) Nothing in this section shall be construed to require any
employer to hire any person who is the subject of a report under
paragraph (1) when the report indicates that the person has not
committed any of the crimes indicated in paragraph (1).
   (c) (1) Fingerprints shall be on a card provided by the Department
of Justice for the purpose of obtaining a set of fingerprints. The
employer shall submit the fingerprints to the Department of Justice.
Within 30 calendar days of the receipt of the fingerprints, the
Department of Justice shall notify the employer of the criminal
record information, as provided in this subdivision. If no criminal
record information has been recorded, the Department of Justice shall
provide the employer with a statement of that fact as soon as
possible, but not later than 30 calendar days of receipt of the
fingerprints. If new fingerprints are required for processing, the
Department of Justice shall, as soon as possible, but not later than
30 calendar days from the date of receipt of the fingerprints, notify
the employer that the fingerprints were illegible.
   (2) Fingerprints may be taken by any local law enforcement officer
or agency for purposes of paragraph (1).
   (3) Counties shall notify any recipient of, or applicant for,
in-home supportive services or personal care services under the
Medi-Cal program, upon his or her application for in-home supportive
services or personal care services or during his or her annual
redetermination, or upon the recipient's changing providers, that a
criminal record check is available, and that the check can be
performed by the Department of Justice.
   (d) (1) The Department of Justice shall charge a fee to the
employer to cover the costs of administering this section.
   (2) (A) If the employer is an in-home supportive services
recipient, as defined in Section 123202.2, a recipient of personal
care services under the Medi-Cal program pursuant to Sections
14132.95 to 14132.97, inclusive, or any public authority or nonprofit
consortium as described in subdivision (a) of Section 12301.6, the
fee shall be shared by the county and the state in the same ratio as
described in Section 12306.
   (B) (i) Notwithstanding any other provision of law, and except as
provided in clause (ii), the department shall, no later than January
1, 2009, implement subparagraph (A) through an all county letter from
the director.
   (ii) No later than July 1, 2009, the department shall adopt
regulations to implement the provisions listed in clause (i).
   (e) It is the intent of the Legislature that the Department of
Justice charge a fee to cover its cost in providing services in
accordance with this section to comply with the 30-calendar-day
requirement for provision to the department of the criminal record
information, as contained in subdivision (c).