Amended in Assembly June 11, 2014

Amended in Senate May 27, 2014

Amended in Senate April 29, 2014

Senate Bill No. 1136

Introduced by Senators Huff and Mitchell

(Coauthors: Senators Leno and Wolk)

(Coauthors: Assembly Members Chávez, Gorell, Olsen, and Wieckowski)

February 20, 2014

An act to amend Sections 1522 and 1522.08 of the Health and Safety Code, to amend Sections 11105.2 and 11170 of the Penal Code, and to amend Section 16504.5 of, and to add Section 16504.7 to, the Welfare and Institutions Code, relating to foster care.

LEGISLATIVE COUNSEL’S DIGEST

SB 1136, as amended, Huff. Foster care providers: criminal records.

Existing law requires the State Department of Social Services to license and regulate community care facilities, including foster family homes, certified family homes of licensed foster family agencies, and group homes. Existing law requires that persons providing care or services at these homes or facilities obtain either a criminal record clearance or an exemption from disqualification from the department, as prescribed.

Existing law authorizes a child welfare agency to secure from an appropriate governmental criminal justice agency the state summary criminal history information for specified purposes, including an assessment of the appropriateness of placing a child subject to the jurisdiction of the juvenile court with a relative or nonrelative extended family member. Existing law also begin delete authorizes end delete begin insert requires end insert the Department of Justice to provide information contained in the Child Abuse Central Index to the State Department of Social Services, or to any county licensing agency that has contracted with the state for the performance of licensing duties.

This bill would authorize the State Department of Social Services to share summary information related to a criminal record clearance or exemption granted by the department with a county child welfare agency with responsibility to monitor the health and safety of persons receiving care, treatment, or services from state-licensed foster homes, certified homes of licensed foster family agencies, and employees of those agencies, and licensed group homes. The bill would allow the State Department of Social Services and county child welfare agencies to share information with respect to applicants, licensees, certificates, or individuals who have been the subject of any administrative action resulting in the denial begin insert , suspension, probation, end insert or revocation of a license begin insert , permit, or certificate, end insert or in the exclusion of a person from a facility who is subject to a background check.

The bill would require the State Department of Social Services to provide to a county child welfare agency a list of each person who has received a criminal records exemption related to a licensed or certified foster begin delete home end delete begin insert home, end insert so that the county may assess the appropriateness begin delete and safety end delete of placing a child in the foster home with which the individual is associated. The bill would further authorize a county child welfare agency to receive begin delete state-summary end delete begin insert state summary end insert criminal history information for purposes of assessing the appropriateness begin delete and safety end delete of placing a child who has been detained or is a dependent of the court in a begin delete licensed foster family home, group home, or state-licensed foster home. end delete begin insert state-licensed foster home, a certified home of a licensed foster family agency, or a licensed group home. end insert The bill would authorize a county child welfare agency to submit to the Department of Justice fingerprint images and related information of an individual who has received a criminal record exemption, for the purposes of obtaining information as to the existence and content of a record of state or federal convictions and arrests, as specified.

The bill would authorize the Department of Justice to provide subsequent state or federal arrest or disposition notification to any entity authorized by state or federal law to receive state or federal summary criminal history information to assist in fulfilling duties of placing a child in a begin delete licensed foster family home, group home, or state-licensed foster home. end delete begin insert state-licensed foster home, a certified home of a licensed foster family agency, or a licensed group home. end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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, and to assess the
appropriateness begin delete and safety end delete of placing specific children in those
homes and facilities. 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. An
individual shall be required to obtain either a criminal record
clearance or a criminal record exemption from the State Department
of Social Services before his or her initial presence in a community
care facility.

(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, of the Penal Code,
subdivision (b) of Section 273a of the Penal Code, 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 to the 2014-15 fiscal years,
inclusive, neither the Department of Justice nor the State
Department of Social Services may charge a fee 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 (1) 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 fingerprint images and related information 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 offender record information search
response 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
prescribed 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.

(F) The State Department of Social Services shall develop
procedures to provide the individual’s state and federal criminal
history information with the written notification of his or her
exemption denial or revocation based on the criminal record.
Receipt of the criminal history information shall be optional on
the part of the individual, as set forth in the agency’s procedures.
The procedure shall protect the confidentiality and privacy of the
individual’s record, and the criminal history information shall not
be made available to the employer.

(G) Notwithstanding any other law, the department is authorized
to provide an individual with a copy of his or her state or federal
level criminal offender record information search response as
provided to that department by the Department of Justice if the
department has denied a criminal background clearance based on
this information and the individual makes a written request to the
department for a copy specifying an address to which it is to be
sent. The state or federal level criminal offender record information
search response shall not be modified or altered from its form or
content as provided by the Department of Justice and shall be
provided to the address specified by the individual in his or her
written request. The department shall retain a copy of the
individual’s written request and the response and date provided.

(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 repair
person 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 does 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 does 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 licensed or certified foster
parent, 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. However, the licensee, acting as a
reasonable and prudent parent, as defined in paragraph (2) of
subdivision (a) of Section 362.04 of the Welfare and Institutions
Code, may allow his or her adult friends and family to provide
short-term care to the foster child and act as an appropriate
occasional short-term babysitter for the child.

(B) Parents of a foster child’s friend when the foster child is
visiting the friend’s home and the friend, licensed or certified foster
parent, or both are also present. However, the licensee, acting as
a reasonable and prudent parent, may allow the parent of the foster
child’s friend to act as an appropriate short-term babysitter for the
child without the friend being present.

(C) Individuals who are engaged by any licensed or certified
foster parent to provide short-term care to the child for periods not
to exceed 24 hours. Caregivers shall use a reasonable and prudent
parent standard in selecting appropriate individuals to act as
appropriate occasional short-term babysitters.

(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, a person specified in
subdivision (b) who is not exempted from fingerprinting shall
obtain either a criminal record clearance or an exemption from
disqualification pursuant to subdivision (g) from the State
Department of Social Services prior to employment, residence, or
initial presence in the facility. A person specified in subdivision
(b) who is not exempt from fingerprinting shall be fingerprinted
and shall sign a declaration under penalty of perjury regarding any
prior criminal convictions. The licensee shall submit fingerprint
images and related information to the Department of Justice and
the Federal Bureau of Investigation, through the Department of
Justice, for a state and federal level criminal offender record
information search, or comply with paragraph (1) of subdivision
(h). These fingerprint images and related information shall be 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 prohibit the employment, residence, or initial
presence of a person specified in subdivision (b) who is not exempt
from fingerprinting and who has not received either a criminal
record clearance or an exemption from disqualification pursuant
to subdivision (g) 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 per day for a
maximum of five days, unless the violation is a second or
subsequent violation within a 12-month period in which case the
civil penalties shall be in the amount of one hundred dollars ($100)
per violation for a maximum of 30 days, and shall be grounds for
disciplining the licensee pursuant to Section 1550. The department
may assess civil penalties for continued violations as permitted by
Section 1548. The fingerprint images and related information shall
then be submitted to the Department of Justice 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 fingerprint
images, 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 fingerprint images.
Documentation of the individual’s clearance or exemption from
disqualification shall be maintained by the licensee and be available
for inspection. If new fingerprint images 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, the Department of Justice shall
notify the State Department of Social Services, as required by
Section 1522.04, 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 per day for a maximum of five days, unless
the violation is a second or subsequent violation within a 12-month
period in which case the civil penalties shall be in the amount of
one hundred dollars ($100) per violation for a maximum of 30
days, and shall be grounds for disciplining the licensee pursuant
to Section 1550. The department may assess civil penalties for
continued violations as permitted by Section 1548.

(3) Except for persons specified in subdivision (b) who are
exempt from fingerprinting, the licensee shall endeavor to ascertain
the previous employment history of persons required to be
fingerprinted. If it is determined by the State Department of Social
Services, on the basis of the fingerprint images and related
information submitted to the Department of Justice, that subsequent
to obtaining a criminal record clearance or exemption from
disqualification pursuant to subdivision (g), 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 from
disqualification 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 (A) terminate the person’s
employment, remove the person from the community care facility,
or bar the person from entering the community care facility; or
(B) seek an exemption from disqualification 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 from disqualification 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 result in a citation of deficiency and an immediate
assessment of civil penalties in the amount of one hundred dollars
($100) per violation per day and shall be grounds for disciplining
the licensee pursuant to Section 1550.

(4) The department may issue an exemption from
disqualification 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 from disqualification 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 from disqualification
pursuant to subdivision (g). The individual may seek an exemption
from disqualification 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 or certificate of approval to any
person or persons to operate 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
California and Federal Bureau of Investigation criminal history
information to determine whether the applicant or any person
specified in subdivision (b) who is not exempt from fingerprinting
has ever been convicted of a crime other than a minor traffic
violation or arrested for any crime specified in subdivision (c) of
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. The State
Department of Social Services or other approving authority shall
not issue a license or certificate of approval to any foster family
home or certified family home applicant who has not obtained
both a California and Federal Bureau of Investigation criminal
record clearance or exemption from disqualification pursuant to
subdivision (g).

(2) The criminal history information shall include the full
criminal record, if any, of those persons.

(3) Neither the Department of Justice nor the State Department
of Social Services may charge a fee 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) who are not exempt from fingerprinting 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) who is not
exempt from fingerprinting 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 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) To the same extent required for federal funding, an applicant
for a foster family home license or for certification as a family
home, and any other person specified in subdivision (b) who is
not exempt from fingerprinting, shall submit a set of fingerprint
images and related information to the Department of Justice and
the Federal Bureau of Investigation, through the Department of
Justice, for a state and federal level criminal offender record
information search, in addition to the criminal records search
required by subdivision (a).

(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) Subsequent to initial licensure or certification, a person
specified in subdivision (b) who is not exempt from fingerprinting
shall obtain both a California and Federal Bureau of Investigation
criminal record clearance, or an exemption from disqualification
pursuant to subdivision (g), prior to employment, residence, or
initial presence in the foster family or certified family home. A
foster family home licensee or foster family agency shall submit
fingerprint images and related information of persons specified in
subdivision (b) who are not exempt from fingerprinting to the
Department of Justice and the Federal Bureau of Investigation,
through the Department of Justice, for a state and federal level
criminal offender record information search, or to comply with
paragraph (1) of subdivision (h). A foster family home licensee’s
or a foster family agency’s failure to either prohibit the
employment, residence, or initial presence of a person specified
in subdivision (b) who is not exempt from fingerprinting and who
has not received either a criminal record clearance or an exemption
from disqualification pursuant to subdivision (g), 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 per day for a maximum
of five days, unless the violation is a second or subsequent violation
within a 12-month period in which case the civil penalties shall
be in the amount of one hundred dollars ($100) per violation for
a maximum of 30 days, and shall be grounds for disciplining the
licensee pursuant to Section 1550. A violation of the regulation
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 per day for a
maximum of five days, unless the violation is a second or
subsequent violation within a 12-month period in which case the
civil penalties shall be in the amount of one hundred dollars ($100)
per violation for a maximum of 30 days, and shall be grounds for
disciplining the foster family home licensee or the foster family
agency pursuant to Section 1550. The State Department of Social
Services may assess penalties for continued violations, as permitted
by Section 1548. The fingerprint images shall then be submitted
to the Department of Justice 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) who is
not exempt from fingerprinting, has been convicted of a crime
other than a minor traffic violation, the application shall be denied,
unless the director grants an exemption from disqualification
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
subdivision (b) who is not exempt from fingerprinting, 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 from disqualification 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 that
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, 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.
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 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) After review of the record, the director may grant an
exemption from disqualification for a license or special permit as
specified in paragraph (4) of subdivision (a), or for a license,
special permit, or certificate of approval as specified in paragraphs
(4), (7), and (8) 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 good character as to justify issuance of the license
or special permit or granting an exemption for purposes of
subdivision (c). Except as otherwise provided in this subdivision,
an exemption shall not be granted pursuant to this subdivision if
the conviction was for any of the following offenses:

(A) (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 (c) 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. This
clause shall not apply to foster care providers, including relative
caregivers, nonrelated extended family members, or any other
person specified in subdivision (b), in those homes where the
individual has been convicted of an offense described in paragraph
(1) of subdivision (c) of Section 667.5 of the Penal Code.

(B) 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.

(C) Under no circumstances shall an exemption be granted
pursuant to this subdivision to any foster care provider applicant
if that applicant, or any other person specified in subdivision (b)
in those homes, has a felony conviction for either of the following
offenses:

(i) A felony conviction for child abuse or neglect, spousal abuse,
crimes against a child, including child pornography, or for a crime
involving violence, including rape, sexual assault, or homicide,
but not including other physical assault and battery. For purposes
of this subparagraph, a crime involving violence means a violent
crime specified in clause (i) of subparagraph (A), or subparagraph
(B).

(ii) A felony conviction, within the last five years, for physical
assault, battery, or a drug- or alcohol-related offense.

(iii) This subparagraph shall not apply to licenses or approvals
wherein a caregiver was granted an exemption to a criminal
conviction described in clause (i) or (ii) prior to the enactment of
this subparagraph.

(iv) This subparagraph shall remain operative only to the extent
that compliance with its provisions is required by federal law as
a condition for receiving funding under Title IV-E of the federal
Social Security Act (42 U.S.C. Sec. 670 et seq.).

(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 three years
after an employee is no longer employed at a licensed facility in
order for the criminal record clearance to be transferred.

(3) The following shall apply to a criminal record clearance or
exemption from the department or a county office with
department-delegated licensing authority:

(A) A county office with department-delegated licensing
authority may accept a clearance or exemption from the
department.

(B) The department may accept a clearance or exemption from
any county office with department-delegated licensing authority.

(C) A county office with department-delegated licensing
authority may accept a clearance or exemption from any other
county office with department-delegated licensing authority.

(4) With respect to notifications issued by the Department of
Justice pursuant to Section 11105.2 of the Penal Code concerning
an individual whose criminal record clearance was originally
processed by the department or a county office with
department-delegated licensing authority, all of the following shall
apply:

(A) The Department of Justice shall process a request from the
department or a county office with department-delegated licensing
authority to receive the notice only if all of the following conditions
are met:

(i) The request shall be submitted to the Department of Justice
by the agency to be substituted to receive the notification.

(ii) The request shall be for the same applicant type as the type
for which the original clearance was obtained.

(iii) The request shall contain all prescribed data elements and
format protocols pursuant to a written agreement between the
department and the Department of Justice.

(B) (i) On or before January 7, 2005, the department shall notify
the Department of Justice of all county offices that have
department-delegated licensing authority.

(ii) The department shall notify the Department of Justice within
15 calendar days of the date on which a new county office receives
department-delegated licensing authority or a county’s delegated
licensing authority is rescinded.

(C) The Department of Justice shall charge the department, a
county office with department-delegated licensing authority, or a
county child welfare agency with criminal record clearance and
exemption authority, a fee for each time a request to substitute the
recipient agency is received for purposes of this paragraph. This
fee shall not exceed the cost of providing the service.

(5) (A) A county child welfare agency with authority to secure
clearances pursuant to Section 16504.5 of the Welfare and
Institutions Code and to grant exemptions pursuant to Section
361.4 of the Welfare and Institutions Code may accept a clearance
or exemption from another county with criminal record and
exemption authority pursuant to these sections.

(B) With respect to notifications issued by the Department of
Justice pursuant to Section 11105.2 of the Penal Code concerning
an individual whose criminal record clearance was originally
processed by a county child welfare agency with criminal record
clearance and exemption authority, the Department of Justice shall
process a request from a county child welfare agency with criminal
record and exemption authority to receive the notice only if all of
the following conditions are met:

(i) The request shall be submitted to the Department of Justice
by the agency to be substituted to receive the notification.

(ii) The request shall be for the same applicant type as the type
for which the original clearance was obtained.

(iii) The request shall contain all prescribed data elements and
format protocols pursuant to a written agreement between the State
Department of Social Services and the Department of Justice.

(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) The State Department of Social Services may share summary
information related to a criminal record clearance or exemption
from the department with a county child welfare agency with the
responsibility to monitor the health and safety of persons receiving
care, treatment, or services from state-licensed foster homes,
certified homes of licensed foster family agencies, licensed group
homes, and foster family agencies and their employees. A county
welfare agency may review begin insert the summary end insert information related to a
criminal record clearance or exemption granted by the State
Department of Social Services as one factor in addition to all other
factors, considered by a county welfare agency to determine the
appropriate placement for a child in a licensed or certified foster
home.

(k) 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.

(l) The State Department of Social Services may charge a fee
for the costs of processing electronic fingerprint images and related
information.

(m) 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 1522.08 of the Health and Safety Code, as
amended by Section 15 of Chapter 22 of the Statutes of 2013, is
amended to read:

1522.08.  

(a) In order to protect the health and safety of persons
receiving care or services from individuals or facilities licensed
or certified by the state, the following information may be shared:

(1) The California Department of Aging, State Department of
Public Health, State Department of Health Care Services, State
Department of Social Services, and the Emergency Medical
Services Authority may share information with respect to
applicants, licensees, certificates, or individuals who have been
the subject of any administrative action resulting in the denial,
suspension, probation, or revocation of a license, permit, or
certificate, or in the exclusion of any person from a facility who
is subject to a background check, as otherwise provided by law.

(2) The State Department of Social Services and county child
welfare agencies may share information with respect to applicants,
licensees, certificates, or individuals who have been the subject of
any administrative action resulting in the denial, suspension,
probation, or revocation of a license, permit, or certificate, or in
the exclusion of any person from a facility who is subject to a
background check, as otherwise provided by law.

(b) The State Department of Social Services shall maintain a
centralized system for the monitoring and tracking of final
administrative actions, to be used by the California Department
of Aging, State Department of Public Health, State Department of
Health Care Services, State Department of Social Services, the
Emergency Medical Services Authority, and county child welfare
agencies as a part of the background check process. The State
Department of Social Services may charge a fee to departments
under the jurisdiction of the California Health and Human Services
Agency and to county child welfare agencies sufficient to cover
the cost of providing those departments with the final
administrative action specified in subdivision (a). To the extent
that additional funds are needed for this purpose, implementation
of this subdivision shall be contingent upon a specific appropriation
provided for this purpose in the annual Budget Act.

(c) The State Department of Social Services, in consultation
with the other departments under the jurisdiction of the California
Health and Human Services Agency, may adopt regulations to
implement this section.

(d) For the purposes of this section and Section 1499,
“administrative action” means any proceeding initiated by the
California Department of Aging, State Department of Public
Health, State Department of Health Care Services, State
Department of Social Services, and the Emergency Medical
Services Authority to determine the rights and duties of an
applicant, licensee, or other individual or entity over which the
department has jurisdiction. “Administrative action” may include,
but is not limited to, action involving the denial of an application
for, or the suspension or revocation of, any license, special permit,
administrator certificate, criminal record clearance, or exemption.

SEC. 3.  

Section 11105.2 of the Penal Code is amended to read:

11105.2.  

(a) The Department of Justice may provide
subsequent state or federal arrest or disposition notification to any
entity authorized by state or federal law to receive state or federal
summary criminal history information to assist in fulfilling
employment, licensing, certification duties, duties of placing a
child in a begin delete licensed foster family home, group home, or
state-licensed foster home, end delete begin insert state-licensed foster home, a certified
home of a licensed foster family agency, or a licensed group home, end insert
or the duties of approving relative caregivers and nonrelative
extended family members, upon the arrest or disposition of any
person whose fingerprints are maintained on file at the Department
of Justice or the Federal Bureau of Investigation as the result of
an application for licensing, employment, certification, or approval.
Nothing in this section shall authorize the notification of a
subsequent disposition pertaining to a disposition that does not
result in a conviction, unless the department has previously
received notification of the arrest and has previously lawfully
notified a receiving entity of the pending status of that arrest. When
the department supplies subsequent arrest or disposition notification
to a receiving entity, the entity shall, at the same time, expeditiously
furnish a copy of the information to the person to whom it relates
if the information is a basis for an adverse employment, licensing,
or certification decision. When furnished other than in person, the
copy shall be delivered to the last contact information provided
by the applicant.

(b) For purposes of this section, “approval” means those duties
described in subdivision (d) of Section 309 of the Welfare and
Institutions Code for approving the home of a relative caregiver
or of a nonrelative extended family member for placement of a
child supervised by the juvenile court.

(c) Any entity, other than a law enforcement agency employing
peace officers as defined in Section 830.1, subdivisions (a) and
(e) of Section 830.2, subdivision (a) of Section 830.3, subdivisions
(a) and (b) of Section 830.5, and subdivision (a) of Section 830.31,
shall enter into a contract with the Department of Justice in order
to receive notification of subsequent state or federal arrests or
dispositions for licensing, employment, or certification purposes.

(d) Any entity which submits the fingerprints of applicants for
licensing, employment, certification, begin insert placement, end insert or approval to
the Department of Justice for the purpose of establishing a record
of the applicant to receive notification of subsequent state or federal
arrests or dispositions shall immediately notify the department
when the employment of the applicant is terminated, when the
applicant’s license or certificate is revoked, when the applicant
may no longer renew or reinstate the license or certificate, when
a placement in a begin delete licensed foster family home, group home, or
state-licensed foster home end delete begin insert state-licensed foster home, a certified
home of a licensed foster family agency, or a licensed group home end insert
associated with the applicant is terminated, or when a relative
caregiver’s or nonrelative extended family member’s approval is
terminated. The Department of Justice shall terminate state or
federal subsequent notification on any applicant upon the request
of the licensing, employment, certifying, or approving authority.

(e) Any entity receiving a notification of a state or federal
subsequent arrest or disposition for a person unknown to the entity,
or for a person no longer employed by the entity, or no longer
eligible to renew the certificate or license for which subsequent
notification service was established shall immediately return the
subsequent notification to the Department of Justice, informing
the department that the entity is no longer interested in the
applicant. The entity shall not record or otherwise retain any
information received as a result of the subsequent notice.

(f) Any entity that submits the fingerprints of an applicant for
employment, licensing, certification, or approval to the Department
of Justice for the purpose of establishing a record at the department
or the Federal Bureau of Investigation to receive notification of
subsequent arrest or disposition shall immediately notify the
department if the applicant is not subsequently employed, or if the
applicant is denied begin delete licensing end delete begin insert licensing, end insert certification, or approval.

(g) An entity that fails to provide the Department of Justice with
notification as set forth in subdivisions (c), (d), and (e) may be
denied further subsequent notification service.

(h) Notwithstanding subdivisions (c), (d), and (f), subsequent
notification by the Department of Justice and retention by the
employing agency shall continue as to retired peace officers listed
in subdivision (c) of Section 830.5.

SEC. 4.  

Section 11170 of the Penal Code is amended to read:

11170.  

(a) (1) The Department of Justice shall maintain an
index of all reports of child abuse and severe neglect submitted
pursuant to Section 11169. The index shall be continually updated
by the department and shall not contain any reports that are
determined to be not substantiated. The department may adopt
rules governing recordkeeping and reporting pursuant to this article.

(2) The department shall act only as a repository of reports of
suspected child abuse and severe neglect to be maintained in the
Child Abuse Central Index (CACI) pursuant to paragraph (1). The
submitting agencies are responsible for the accuracy, completeness,
and retention of the reports described in this section. The
department shall be responsible for ensuring that the CACI
accurately reflects the report it receives from the submitting agency.

(3) Only information from reports that are reported as
substantiated shall be filed pursuant to paragraph (1), and all other
determinations shall be removed from the central list. If a person
listed in the CACI was under 18 years of age at the time of the
report, the information shall be deleted from the CACI 10 years
from the date of the incident resulting in the CACI listing, if no
subsequent report concerning the same person is received during
that time period.

(b) The provisions of subdivision (c) of Section 11169 apply to
any information provided pursuant to this subdivision.

(1) The Department of Justice shall immediately notify an
agency that submits a report pursuant to Section 11169, or a
prosecutor who requests notification, of any information maintained
pursuant to subdivision (a) that is relevant to the known or
suspected instance of child abuse or severe neglect reported by the
agency. The agency shall make that information available to the
reporting health care practitioner who is treating a person reported
as a possible victim of known or suspected child abuse. The agency
shall make that information available to the reporting child
custodian, Child Abuse Prevention and Treatment Act guardian
ad litem appointed under Rule 5.662 of the California Rules of
Court, or counsel appointed under Section 317 or 318 of the
Welfare and Institutions Code, or the appropriate licensing agency,
if he or she or the licensing agency is handling or investigating a
case of known or suspected child abuse or severe neglect.

(2) When a report is made pursuant to subdivision (a) of Section
11166, or Section 11166.05, the investigating agency, upon
completion of the investigation or after there has been a final
disposition in the matter, shall inform the person required or
authorized to report of the results of the investigation and of any
action the agency is taking with regard to the child or family.

(3) The Department of Justice shall make relevant information
from the CACI available to a law enforcement agency, county
welfare department, or county probation department that is
conducting a child abuse investigation.

(4) The department shall make available to the State Department
of Social Services, or to any county licensing agency that has
contracted with the state for the performance of licensing duties,
or to any county child welfare agency under the conditions
described by Section 16504.5 of the Welfare and Institutions Code,
or to a tribal court or tribal child welfare agency of a tribe,
consortium of tribes, or tribal organization that has entered into
an agreement with the state pursuant to Section 10553.1 of the
Welfare and Institutions Code, information regarding a known or
suspected child abuser maintained pursuant to this section and
subdivision (a) of Section 11169 concerning any person who is an
applicant for licensure or approval, or any adult who resides or is
employed in the home of an applicant for licensure or approval,
or who is an applicant for employment in a position having
supervisorial or disciplinary power over a child or children, or who
will provide 24-hour care for a child or children in a residential
home or facility, pursuant to Section 1522.1 or 1596.877 of the
Health and Safety Code, or Section 8714, 8802, 8912, or 9000 of
the Family Code, or Section 11403.2 of the Welfare and Institutions
Code.

(5) The Department of Justice shall make available to a Court
Appointed Special Advocate program that is conducting a
background investigation of an applicant seeking employment
with the program or a volunteer position as a Court Appointed
Special Advocate, as defined in Section 101 of the Welfare and
Institutions Code, information contained in the index regarding
known or suspected child abuse by the applicant.

(6) For purposes of child death review, the Department of Justice
shall make available to the chairperson, or the chairperson’s
designee, for each county child death review team, or the State
Child Death Review Council, information for investigative
purposes only that is maintained in the CACI pursuant to
subdivision (a) relating to the death of one or more children and
any prior child abuse or neglect investigation reports maintained
involving the same victims, siblings, or suspects. Local child death
review teams may share any relevant information regarding case
reviews involving child death with other child death review teams.

(7) The department shall make available to investigative
agencies or probation officers, or court investigators acting
pursuant to Section 1513 of the Probate Code, responsible for
placing children or assessing the possible placement of children
pursuant to Article 6 (commencing with Section 300), Article 7
(commencing with Section 305), Article 10 (commencing with
Section 360), or Article 14 (commencing with Section 601) of
Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions
Code, or Article 2 (commencing with Section 1510) or Article 3
(commencing with Section 1540) of Chapter 1 of Part 2 of Division
4 of the Probate Code, information regarding a known or suspected
child abuser contained in the index concerning any adult residing
in the home where the child may be placed, when this information
is requested for purposes of ensuring that the placement is in the
best interest of the child. Upon receipt of relevant information
concerning child abuse or neglect investigation reports contained
in the CACI from the Department of Justice pursuant to this
subdivision, the agency or court investigator shall notify, in writing,
the person listed in the CACI that he or she is in the index. The
notification shall include the name of the reporting agency and the
date of the report.

(8) The Department of Justice shall make available to a
government agency conducting a background investigation
pursuant to Section 1031 of the Government Code of an applicant
seeking employment as a peace officer, as defined in Section 830,
information regarding a known or suspected child abuser
maintained pursuant to this section concerning the applicant.

(9) The Department of Justice shall make available to a county
child welfare agency or delegated county adoption agency, as
defined in Section 8515 of the Family Code, conducting a
background investigation, or a government agency conducting a
background investigation on behalf of one of those agencies,
information regarding a known or suspected child abuser
maintained pursuant to this section and subdivision (a) of Section
11169 concerning any applicant seeking employment or volunteer
status with the agency who, in the course of his or her employment
or volunteer work, will have direct contact with children who are
alleged to have been, are at risk of, or have suffered, abuse or
neglect.

(10) (A) Persons or agencies, as specified in subdivision (b),
if investigating a case of known or suspected child abuse or neglect,
or the State Department of Social Services or any county licensing
agency pursuant to paragraph (4), or a Court Appointed Special
Advocate (CASA) program conducting a background investigation
for employment or volunteer candidates pursuant to paragraph (5),
or an investigative agency, probation officer, or court investigator
responsible for placing children or assessing the possible placement
of children pursuant to paragraph (7), or a government agency
conducting a background investigation of an applicant seeking
employment as a peace officer pursuant to paragraph (8), or a
county child welfare agency or delegated county adoption agency
conducting a background investigation of an applicant seeking
employment or volunteer status who, in the course of his or her
employment or volunteer work, will have direct contact with
children who are alleged to have been, are at risk of, or have
suffered, abuse or neglect, pursuant to paragraph (9), to whom
disclosure of any information maintained pursuant to subdivision
(a) is authorized, are responsible for obtaining the original
investigative report from the reporting agency, and for drawing
independent conclusions regarding the quality of the evidence
disclosed, and its sufficiency for making decisions regarding
investigation, prosecution, licensing, placement of a child,
employment or volunteer positions with a CASA program, or
employment as a peace officer.

(B) If CACI information is requested by an agency for the
temporary placement of a child in an emergency situation pursuant
to Article 7 (commencing with Section 305) of Chapter 2 of Part
1 of Division 2 of the Welfare and Institutions Code, the
department is exempt from the requirements of Section 1798.18
of the Civil Code if compliance would cause a delay in providing
an expedited response to the agency’s inquiry and if further delay
in placement may be detrimental to the child.

(11) (A) Whenever information contained in the Department
of Justice files is furnished as the result of an application for
employment or licensing or volunteer status pursuant to paragraph
(4), (5), (8), or (9), the Department of Justice may charge the person
or entity making the request a fee. The fee shall not exceed the
reasonable costs to the department of providing the information.
The only increase shall be at a rate not to exceed the legislatively
approved cost-of-living adjustment for the department. In no case
shall the fee exceed fifteen dollars ($15).

(B) All moneys received by the department pursuant to this
section to process trustline applications for purposes of Chapter
3.35 (commencing with Section 1596.60) of Division 2 of the
Health and Safety Code shall be deposited in a special account in
the General Fund that is hereby established and named the
Department of Justice Child Abuse Fund. Moneys in the fund shall
be available, upon appropriation by the Legislature, for expenditure
by the department to offset the costs incurred to process trustline
automated child abuse or neglect system checks pursuant to this
section.

(C) All moneys, other than those described in subparagraph (B),
received by the department pursuant to this paragraph shall be
deposited in a special account in the General Fund which is hereby
created and named the Department of Justice Sexual Habitual
Offender Fund. The funds shall be available, upon appropriation
by the Legislature, for expenditure by the department to offset the
costs incurred pursuant to Chapter 9.5 (commencing with Section
13885) and Chapter 10 (commencing with Section 13890) of Title
6 of Part 4, and the DNA and Forensic Identification Data Base
and Data Bank Act of 1998 (Chapter 6 (commencing with Section
295) of Title 9 of Part 1), and for maintenance and improvements
to the statewide Sexual Habitual Offender Program and the
California DNA offender identification file (CAL-DNA) authorized
by Chapter 9.5 (commencing with Section 13885) of Title 6 of
Part 4 and the DNA and Forensic Identification Data Base and
Data Bank Act of 1998 (Chapter 6 (commencing with Section 295)
of Title 9 of Part 1).

(c) (1) The Department of Justice shall make available to any
agency responsible for placing children pursuant to Article 7
(commencing with Section 305) of Chapter 2 of Part 1 of Division
2 of the Welfare and Institutions Code, upon request, relevant
information concerning child abuse or neglect reports contained
in the index, when making a placement with a responsible relative
pursuant to Sections 281.5, 305, and 361.3 of the Welfare and
Institutions Code. Upon receipt of relevant information concerning
child abuse or neglect reports contained in the index from the
Department of Justice pursuant to this subdivision, the agency
shall also notify in writing the person listed in the CACI that he
or she is in the index. The notification shall include the location
of the original investigative report and the submitting agency. The
notification shall be submitted to the person listed at the same time
that all other parties are notified of the information, and no later
than the actual judicial proceeding that determines placement.

(2) If information is requested by an agency for the placement
of a child with a responsible relative in an emergency situation
pursuant to Article 7 (commencing with Section 305) of Chapter
2 of Part 1 of Division 2 of the Welfare and Institutions Code, the
department is exempt from the requirements of Section 1798.18
of the Civil Code if compliance would cause a delay in providing
an expedited response to the child protective agency’s inquiry and
if further delay in placement may be detrimental to the child.

(d) The department shall make available any information
maintained pursuant to subdivision (a) to out-of-state law
enforcement agencies conducting investigations of known or
suspected child abuse or neglect only when an agency makes the
request for information in writing and on official letterhead, or as
designated by the department, identifying the suspected abuser or
victim by name and date of birth or approximate age. The request
shall be signed by the department supervisor of the requesting law
enforcement agency. The written requests shall cite the out-of-state
statute or interstate compact provision that requires that the
information contained within these reports shall be disclosed only
to law enforcement, prosecutorial entities, or multidisciplinary
investigative teams, and shall cite the safeguards in place to prevent
unlawful disclosure of any confidential information provided by
the requesting state or the applicable interstate compact provision.

(e) (1) The department shall make available to an out-of-state
agency, for purposes of approving a prospective foster or adoptive
parent in compliance with the Adam Walsh Child Protection and
Safety Act of 2006 (Public Law 109-248), information regarding
a known or suspected child abuser maintained pursuant to
subdivision (a) concerning the prospective foster or adoptive
parent, and any other adult living in the home of the prospective
foster or adoptive parent. The department shall make that
information available only when the out-of-state agency makes
the request indicating that continual compliance will be maintained
with the requirement in paragraph (20) of subsection (a) of Section
671 of Title 42 of the United States Code that requires the state to
have in place safeguards to prevent the unauthorized disclosure of
information in any child abuse and neglect registry maintained by
the state and prevent the information from being used for a purpose
other than the conducting of background checks in foster or
adoption placement cases.

(2) With respect to any information provided by the department
in response to the out-of-state agency’s request, the out-of-state
agency is responsible for obtaining the original investigative report
from the reporting agency, and for drawing independent
conclusions regarding the quality of the evidence disclosed and
its sufficiency for making decisions regarding the approval of
prospective foster or adoptive parents.

(3) (A) Whenever information contained in the index is
furnished pursuant to this subdivision, the department shall charge
the out-of-state agency making the request a fee. The fee shall not
exceed the reasonable costs to the department of providing the
information. The only increase shall be at a rate not to exceed the
legislatively approved cost-of-living adjustment for the department.
In no case shall the fee exceed fifteen dollars ($15).

(B) All moneys received by the department pursuant to this
subdivision shall be deposited in the Department of Justice Child
Abuse Fund, established under subparagraph (B) of paragraph (11)
of subdivision (b). Moneys in the fund shall be available, upon
appropriation by the Legislature, for expenditure by the department
to offset the costs incurred to process requests for information
pursuant to this subdivision.

(f) (1) Any person may determine if he or she is listed in the
CACI by making a request in writing to the Department of Justice.
The request shall be notarized and include the person’s name,
address, date of birth, and either a social security number or a
California identification number. Upon receipt of a notarized
request, the Department of Justice shall make available to the
requesting person information identifying the date of the report
and the submitting agency. The requesting person is responsible
for obtaining the investigative report from the submitting agency
pursuant to paragraph (11) of subdivision (b) of Section 11167.5.

(2) No person or agency shall require or request another person
to furnish a copy of a record concerning himself or herself, or
notification that a record concerning himself or herself exists or
does not exist, pursuant to paragraph (1).

(g) If a person is listed in the CACI only as a victim of child
abuse or neglect, and that person is 18 years of age or older, that
person may have his or her name removed from the index by
making a written request to the Department of Justice. The request
shall be notarized and include the person’s name, address, social
security number, and date of birth.

SEC. 5.  

Section 16504.5 of the Welfare and Institutions Code
is amended to read:

16504.5.  

(a) (1) Notwithstanding any other law, pursuant to
subdivision (b) of Section 11105 of the Penal Code, a child welfare
agency may secure from an appropriate governmental criminal
justice agency the state summary criminal history information, as
defined in subdivision (a) of Section 11105 of the Penal Code,
through the California Law Enforcement Telecommunications
System pursuant to subdivision (d) of Section 309 of this code,
and subdivision (a) of Section 1522 of the Health and Safety Code,
for the following purposes:

(A) To conduct an investigation pursuant to Section 11166.3 of
the Penal Code or an investigation involving a child in which the
child is alleged to come within the jurisdiction of the juvenile court
under Section 300 of this code.

(B) (i) To assess the appropriateness and safety of placing a
child who has been detained or is a dependent of the court, in the
home of a relative assessed pursuant to Section 309 or 361.4, or
in the home of a nonrelative extended family member assessed as
described in Section 362.7 during an emergency situation.

(ii) When a relative or nonrelative family member who has been
assessed pursuant to clause (i) and approved as a caregiver moves
to a different county and continued placement of the child with
that person is intended, the move shall be considered an emergency
situation for purposes of this subparagraph.

(C) To attempt to locate a parent or guardian of a child who is
the subject of dependency court proceedings.

(D) To obtain information about the background of a nonminor
who has petitioned to reenter foster care under subdivision (e) of
Section 388, in order to assess the appropriateness and safety of
placing the nonminor in a foster care or other placement setting
with minor dependent children.

(E) To assess the appropriateness begin delete and safety end delete of placing a child
who has been detained or is a dependent of the court in a begin delete licensed
foster family home, group home, or state-licensed foster home. end delete
begin insert state-licensed foster home, a certified home of a licensed foster
family agency, or a licensed group home. end insert

(2) Any time that a child welfare agency initiates a criminal
background check through the California Law Enforcement
Telecommunications System for the purpose described in
subparagraph (B) of paragraph (1), the agency shall ensure that a
state-level fingerprint check is initiated within 10 calendar days
of the check, unless the whereabouts of the subject of the check
are unknown or the subject of the check refuses to submit to the
fingerprint check. The Department of Justice shall provide the
requesting agency a copy of all criminal history information
regarding an individual that it maintains pursuant to subdivision
(b) of Section 11105 of the Penal Code.

(b) Criminal justice personnel shall cooperate with requests for
criminal history information authorized pursuant to this section
and shall provide the information to the requesting entity in a
timely manner.

(c) Any law enforcement officer or person authorized by this
section to receive the information who obtains the information in
the record and knowingly provides the information to a person not
authorized by law to receive the information is guilty of a
misdemeanor as specified in Section 11142 of the Penal Code.

(d) Information obtained pursuant to this section shall not be
used for any purposes other than those described in subdivision
(a).

(e) Nothing in this section shall preclude a nonminor petitioning
to reenter foster care or a relative or other person living in a
relative’s home from refuting any of the information obtained by
law enforcement if the individual believes the state- or federal-level
criminal records check revealed erroneous information.

(f) (1) A state or county welfare agency may submit to the
Department of Justice fingerprint images and related information
required by the Department of Justice of parents or legal guardians
when determining their suitability for reunification with a
dependent child subject to the jurisdiction of the juvenile court,
for the purposes of obtaining information as to the existence and
content of a record of state or federal convictions and state or
federal arrests, as well as information as to 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. Of the
information received by the Department of Justice pursuant to this
subdivision, only the parent’s or legal guardian’s criminal history
for the time period following the removal of the child from the
parent or legal guardian shall be considered.

(2) A county welfare agency or county probation office may
submit to the Department of Justice fingerprint images and related
information required by the Department of Justice of nonminors
petitioning to reenter foster care under Section 388, in order to
assess the appropriateness and safety of placing the nonminor in
a foster care or other placement setting with minor dependent
children.

(3) 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 subdivision.
The Department of Justice shall review the information returned
from the Federal Bureau of Investigation and respond to the state
or county welfare agency.

(4) The Department of Justice shall provide a response to the
state or county welfare agency pursuant to subdivision (p) of
Section 11105 of the Penal Code.

(5) The state or county welfare agency shall not request from
the Department of Justice subsequent arrest notification service,
as provided pursuant to Section 11105.2 of the Penal Code, for
individuals described in this subdivision.

(6) The Department of Justice shall charge a fee sufficient to
cover the costs of processing the request described in this
subdivision.

(7) This subdivision shall become operative on July 1, 2007.

(g) A fee, determined by the Federal Bureau of Investigation
and collected by the Department of Justice, shall be charged for
each federal-level criminal offender record information request
submitted pursuant to this section and Section 361.4.

(h) (1) A county child welfare agency may submit to the
Department of Justice fingerprint images and related information
required by the Department of Justice of an individual who has
received a criminal record exemption from the State Department
of Social Services pertaining to a licensed or certified foster home
for the purposes of obtaining information as to the existence and
content of a record of state or federal convictions and state or
federal arrests and also information as to 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. Except as otherwise
limited by state or federal law, a county child welfare agency that
requests criminal record information pursuant to this section shall
request from the State Department of Social Services any additional
information the department used in making the determination to
grant the exemption.

(2) When received, the Department of Justice shall forward to
the Federal Bureau of Investigation each request 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 child welfare agency.

(3) The Department of Justice shall provide a state or federal
level response to the county child welfare agency pursuant to
paragraph (1) of subdivision (m) of Section 11105 of the Penal
Code.

(4) The county child welfare agency may request from the
Department of Justice subsequent notification service, as provided
pursuant to Section 11105.2 of the Penal Code, for persons
described in paragraph (1) for whom the county has requested
criminal record information.

(5) The Department of Justice shall charge a fee sufficient to
cover the reasonable cost of processing the request described in
this subdivision.

SEC. 6.  

Section 16504.7 is added to the Welfare and
Institutions Code, to read:

16504.7.  

(a) The department shall provide to a county child
welfare agency a list of each person who has received a criminal
records exemption pursuant to subdivision (g) of Section 1522 of
the Health and Safety Code related to a licensed or certified foster
home so that the county may assess the appropriateness begin delete and safety end delete
of placing a child who has been detained or is a dependent of the
court in the licensed or certified foster home with which the
individual is associated.

(b) Except as otherwise limited by state or federal law, the
department shall make available to the county child welfare agency,
summary information used in making the determination to grant
the exemption. The department shall consult with the Department
of Justice, counties, and other interested stakeholders to ensure
that information is shared expeditiously and in accordance with
state and federal law.