BILL NUMBER: SB 774 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 27, 2009
AMENDED IN SENATE APRIL 14, 2009
AMENDED IN SENATE APRIL 2, 2009
INTRODUCED BY Senator Ashburn
FEBRUARY 27, 2009
An act to add Chapter 3.5 (commencing with Section 16250) to Part
4 of Division 9 of the Welfare and Institutions Code, relating to
children's services.
LEGISLATIVE COUNSEL'S DIGEST
SB 774, as amended, Ashburn. Social workers: criminal history.
Existing law requires the counties, with the assistance of the
State Department of Social Services, to provide child welfare
services, including emergency response, foster care placement,
adoption services, and family maintenance and reunification.
This
Commencing January 1, 2010, this bill would require a
county, before hiring an applicant for a position as a county child
protective service social worker who will be assigned emergency
response, family maintenance, family reunification, permanent
placement, or adoption responsibilities, to secure from an
appropriate law enforcement agency the Department of
Justice a criminal history to determine if the applicant has
ever been convicted of specified crimes. The bill would prohibit the
county from employing the applicant under prescribed circumstances.
The bill would allow the county to require the applicant to pay any
fees charged by the law enforcement agency D
epartment of Justice for the processing of the
criminal history and would prohibit the county from hiring a person
who had been convicted of specified crimes.
This bill would exclude a person who has obtained a certificate of
rehabilitation from being considered convicted for purposes of the
bill. The bill would specify additional duties of the Department of
Justice with respect to obtaining necessary criminal history and
subsequent arrest information and responding to counties.
Because this bill would require the counties to take additional
steps to hire social workers, it would impose a state-mandated local
program.
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.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 3.5 (commencing with Section 16250) is added to
Part 4 of Division 9 of the Welfare and Institutions Code, to read:
CHAPTER 3.5. CHILD WELFARE EMPLOYEES
16250. (a) Before Commencing January 1,
2010, before hiring a person for a position as a county child
protective service social worker who will be assigned emergency
response, family maintenance, family reunification, permanent
placement, or adoption responsibilities, the county shall secure from
an appropriate law enforcement agency the
Department of Justice a criminal history to determine if the
applicant has ever been convicted of a crime specified in Section
245, 273.5, or 290 , subdivision (b) of Section 273a, or,
prior to January 1, 1994, paragraph (2) of Section 273a, of the Penal
Code. The criminal history information shall include the applicant's
full criminal record, if any, and subsequent arrest information
pursuant to Section 11105.2 of the Penal Code. of the
Penal Code, a conviction for child abuse pursuant to Section 273a,
273ab, or 273d of the Penal Code, or any sex offense specified as
being perpetrated against a minor.
(b) The county may require the applicant to pay any fees charged
by the law enforcement agency Department of
Justice for the processing of the criminal history.
(c) A county shall submit to the Department of Justice fingerprint
images and related information required by the Department of Justice
of all child protective service social workers, as defined by
subdivision (a), for the purposes of obtaining information regarding
the existence and content of a record of state or federal convictions
and state or federal arrests and also information regarding the
existence and content of a record of state or federal arrests for
which the Department of Justice establishes that the person is free
on bail or on his or her own recognizance pending trial or appeal.
(d) When received, the Department of Justice shall forward to the
Federal Bureau of Investigation requests for federal summary criminal
history information received pursuant to this section. The
Department of Justice shall review the information returned from the
Federal Bureau of Investigation and compile and disseminate a
response to the county.
(e) The Department of Justice shall provide a state and federal
level response to the county pursuant to subdivision (p) of Section
11105 of the Penal Code.
(f) The county shall request from the Department of Justice
subsequent arrest notification service, as provided pursuant to
Section 11105.2 of the Penal Code, for persons described in
subdivision (c).
(g) The Department of Justice shall charge a fee sufficient to
cover the cost of processing the request described in this section.
16251. (a) If the county finds, through the criminal history
required by Section 16250, that the applicant has been convicted of a
crime specified in subdivision (a) of Section 16250, the applicant
shall not be hired.
(b) If the county finds that the applicant is awaiting trial for a
crime specified in subdivision (a) of Section 16250, the county may
cease processing the application until the conclusion of the trial.
(c) If the county determines, after hiring an applicant, that the
person has been convicted of a crime specified in subdivision (a) of
Section 16250, the county shall terminate the employee.
16252. (a) For purposes of this chapter,
"conviction" means a plea or verdict of guilty or a conviction
following a plea of nolo contendere in any court in this or another
state. A conviction has occurred when the time for appeal has
elapsed, when 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.
(b) An individual who has obtained a certificate of rehabilitation
shall not be considered convicted for purposes of this chapter.
16253. An applicant who is denied a position pursuant to Section
16251 shall be entitled to receive a copy of the
criminal history report upon written request.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.