BILL NUMBER: SB 774 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 28, 2009
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 amend Section 16501 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.
Under existing law, counties may secure from the Department of
Justice a criminal record for all county welfare department employees
who have frequent and routine contact with children, if the
employees provide services to children who are alleged victims of
abuse, neglect, or exploitation. If the employee has been convicted
of a crime, other than a minor traffic violation, the county welfare
director must determine whether there is substantial and convincing
evidence to support a reasonable belief that the employee is of good
character. Existing law provides specified crimes for which the
employee must be suspended from duties involving frequent
and routine contact with children .
Commencing January 1, 2010, this
This bill would require a county, before hiring an
applicant for , or transferring a current employee to, 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,
with frequent and routine contact with children, if
the employee will provide services to children who are alleged
victims of abuse, neglect, or exploitation, to secure from the
Department of Justice a criminal history
record to determine if the applicant
person has ever been convicted of specified crimes. The bill
would prohibit the county from employing the applicant
person under prescribed circumstances. The bill
would allow the county to require the applicant
person to pay any fees charged by the Department 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 an additional fee in an amount not
more than the amount sufficient to cover the costs to the county of
administering the criminal record checks .
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.
This bill would also permit a county to obtain fingerprints from
specified current employees for the purpose of obtaining a criminal
record from the Department of Justice. The bill would require the
county to terminate or suspend from any duties involving frequent and
routine contact with children an employee whose criminal record
includes conviction for specified crimes.
Because this bill would require the counties to take additional
steps to hire social workers certain
employees , 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. Section 16501 of the Welfare
and Institutions Code is amended to read:
16501. (a) As used in this chapter, "child welfare services"
means public social services which that
are directed toward the accomplishment of any or all the following
purposes: protecting and promoting the welfare of all children,
including handicapped, homeless, dependent, or neglected children;
preventing or remedying, or assisting in the solution of problems
which that may result in, the neglect,
abuse, exploitation, or delinquency of children; preventing the
unnecessary separation of children from their families by identifying
family problems, assisting families in resolving their problems
, and preventing breakup of the family where the
prevention of child removal is desirable and possible; restoring to
their families children who have been removed, by the provision of
services to the child and the families; identifying children to be
placed in suitable adoptive homes, in cases where restoration to the
biological family is not possible or appropriate; and assuring
adequate care of children away from their homes, in cases where the
child cannot be returned home or cannot be placed for adoption.
"Child welfare services" also means services provided on behalf of
children alleged to be the victims of child abuse, neglect, or
exploitation. The child welfare services provided on behalf of each
child represent a continuum of services, including emergency response
services, family preservation services, family maintenance services,
family reunification services, and permanent placement services. The
individual child's case plan is the guiding principle in the
provision of these services. The case plan shall be developed within
30 days of the initial removal of the child or of the in-person
response required under subdivision (f) of Section 16501 if the child
has not been removed from his or her home, or by the date of the
jurisdictional hearing pursuant to Section 356, whichever comes
first.
(1) Child welfare services may include, but are not limited to, a
range of service-funded activities, including case management,
counseling, emergency shelter care, emergency in-home caretakers,
temporary in-home caretakers, respite care, therapeutic day services,
teaching and demonstrating homemakers, parenting training, substance
abuse testing, and transportation. These service-funded activities
shall be available to children and their families in all phases of
the child welfare program in accordance with the child's case plan
and departmental regulations. Funding for services is limited to the
amount appropriated in the annual Budget Act and other available
county funds.
(2) Service-funded activities to be provided may be determined by
each county, based upon individual child and family needs as
reflected in the service plan.
(3) As used in this chapter, "emergency shelter care" means
emergency shelter provided to children who have been removed pursuant
to Section 300 from their parent or parents or their guardian or
guardians. The department may establish, by regulation, the time
periods for which emergency shelter care shall be funded. For the
purposes of this paragraph, "emergency shelter care" may include
"transitional transitional shelter care
facilities" facilities as defined in
paragraph (11) of subdivision (a) of Section 1502 of the Health and
Safety Code.
(b) As used in this chapter, "respite care" means temporary care
for periods not to exceed 72 hours. This care may be provided to the
child's parents or guardians. This care shall not be limited by
regulation to care over 24 hours. These services shall not be
provided for the purpose of routine, ongoing child care.
(c) The county shall provide child welfare services ,
as needed , pursuant to an approved service plan ,
and in accordance with regulations promulgated, in consultation
with the counties, by the department. Counties may contract for
service-funded activities as defined in paragraph (1) of subdivision
(a). Each county shall use available private child welfare resources
prior to developing new county-operated resources when the private
child welfare resources are of at least equal quality and lesser or
equal cost as compared with county-operated resources. Counties shall
not contract for needs assessment, client eligibility determination,
or any other activity as specified by regulations of the State
Department of Social Services, except as specifically authorized in
Section 16100.
(d) Nothing in this chapter shall be construed to affect duties
which that are delegated to probation
officers pursuant to Sections 601 and 654.
(e) Any A county may utilize
volunteer individuals to supplement professional child welfare
services by providing ancillary support services in accordance with
regulations adopted by the State Department of Social Services.
(f) As used in this chapter, emergency response services consist
of a response system providing in-person response, 24 hours a day,
seven days a week, to reports of abuse, neglect, or exploitation, as
required by Article 2.5 (commencing with Section 11164) of Chapter 2
of Title 1 of Part 4 of the Penal Code , for the purpose
of investigation pursuant to Section 11166 of the Penal Code and to
determine the necessity for providing initial intake services and
crisis intervention to maintain the child safely in his or her own
home or to protect the safety of the child. County welfare
departments shall respond to any a
report of imminent danger to a child immediately and to
all other reports within 10 calendar days. An in-person response is
not required when the county welfare department, based upon an
evaluation of risk, determines that an in-person response is not
appropriate. This evaluation includes collateral, contacts, a review
of previous referrals, and other relevant information, as indicated.
(g) As used in this chapter, family
"family maintenance services are
services" means activities designed to provide
in-home protective services to prevent or remedy neglect, abuse, or
exploitation, for the purposes of preventing separation of children
from their families.
(h) As used in this chapter, family
"family reunification services are
services" means activities designed to provide
time-limited foster care services to prevent or remedy neglect,
abuse, or exploitation, when the child cannot safely remain at home,
and needs temporary foster care, while services are provided to
reunite the family.
(i) As used in this chapter, permanent
"permanent placement services are
services" means activities designed to provide an
alternate permanent family structure for children who ,
because of abuse, neglect, or exploitation , cannot safely
remain at home and who are unlikely to ever return home. These
services shall be provided on behalf of children for whom there has
been a judicial determination of a permanent plan for adoption, legal
guardianship, or long-term foster care.
(j) As used in this chapter, family
"family preservation services services"
include those services specified in Section 16500.5 to avoid
or limit out-of-home placement of children, and may include those
services specified in that section to place children in the least
restrictive environment possible.
(k) (1) (A) In any county electing to implement this
subdivision, all An applicant applying for, or an
employee transferring to, a position with the county welfare
department employees who will have
frequent and routine contact with children shall, by
February 1, 1997, and all welfare department employees who are
expected to have frequent and routine contact with children and who
are hired on or after January 1, 1996, and all such employees whose
duties change after January 1, 1996, to include frequent and routine
contact with children, shall , if the employees
prospective employee will provide services to
children who are alleged victims of abuse, neglect, or
exploitation, exploitation, he or she shall sign
a declaration under penalty of perjury regarding any
prior criminal conviction , and shall
provide a set of fingerprints to the county welfare director.
(B) The county welfare director shall secure from the Department
of Justice a criminal record to determine whether the
prospective employee specified in subparagraph (A)
has ever been convicted of a crime , whether state or federal,
other than a minor traffic violation. The Department of Justice
shall deliver the criminal record to the county welfare
director provide a state and federal level response to
the county pursuant to subdivision (p) of Section 11105 of the Penal
Code. 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
subparagraph (A) that are hired by the county for a position that
includes freq uent and routine contact with children
.
(C) If it is found that the a person to
whom subparagraph (A) applies employee has
been convicted of a crime, other than a minor traffic violation, the
county welfare director shall determine whether there is substantial
and convincing evidence to support a reasonable belief that the
employee person is of good character so
as to justify frequent and routine contact with children. If
this finding is not made, the county is prohibited from hiring that
person.
(D) No exemption shall be granted pursuant to
subparagraph (C) The county is prohibited from hiring
a person to whom subparagraph (A) applies if the person has
been convicted of a sex offense against a minor, or has been
convicted of an offense specified in Section 220,
243.4, 264.1, 273d, 288, or 289 245, 273.5, or 290
of the Penal Code, or in paragraph (1) of Section 273a
of, or subdivision (a) or (b) of Section 368 of, the Penal Code, or
has been convicted of an offense specified in subdivision (c) of
Section 667.5 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
. The county welfare director shall suspend such a person
from any duties involving frequent and routine contact with children.
(E) Notwithstanding subparagraph (D), the county welfare director
may grant an exemption if the employee or
prospective employee, who was convicted of a crime against
an individual specified in paragraph (1) or (7) of subdivision (c) of
Section 667.5 of the Penal Code, has been rehabilitated as provided
in Section 4852.03 of the Penal Code and 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 or prospective employee's county of residence, or if the
employee or prospective employee specified in
subparagraph (D) 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. In that case, the county welfare
director may give the employee or prospective
employee an opportunity to explain the conviction and shall consider
that explanation in the evaluation of the criminal conviction record
required pursuant to subparagraph (C) .
(F) If no criminal record information has been recorded, the
county welfare director shall cause a statement of that fact to be
included in that person's personnel file.
(2) For purposes of this subdivision, a conviction means a plea or
verdict of guilty or a conviction following a plea of nolo
contendere. Any An action
which that the county welfare director 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
subdivision, 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.
(3) The county may require a person to whom subparagraph (A) of
paragraph (1) applies to pay any fees charged by the Department of
Justice and an additional fee in an amount that shall not exceed the
costs to the county of administering this subdivision.
(4) A person to whom subparagraph (A) of paragraph (1) applies who
is denied a position pursuant to paragraph (1) shall receive a copy
of the criminal record upon written request.
(5) A county may require a current employee who has frequent and
routine contact with children, if the employee provides services to
children who are alleged victims of abuse, neglect, or exploitation,
to provide fingerprints for the purpose of obtaining a criminal
record from the Department of Justice. If the criminal record returns
a conviction for a crime, other than a minor traffic violation, the
county welfare director shall make the determination required in
subparagraph (C) of paragraph (1) to determine the employee's
employment and job assignment status. If the criminal record returns
a conviction for any of the offenses listed in subparagraph (D) of
paragraph (1), the employee shall, subject to subparagraph (E) of
paragraph (1), either be terminated or suspended from any duties
involving frequent and routine contact with children.
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) 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 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 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 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 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.