California Legislature—2015–16 Regular Session

Assembly BillNo. 470


Introduced by Assembly Member Chu

(Coauthor: Assembly Member Waldron)

February 23, 2015


An act to amend Section 15660 of the Welfare and Institutions Code, relating to social services, and making an appropriation therefor.

LEGISLATIVE COUNSEL’S DIGEST

AB 470, as introduced, Chu. In-home supportive services: fingerprinting.

Existing law requires the Department of Justice to conduct background checks, as requested, by employers of in-home supportive services providers. Existing law requires the department to charge a fee to the employer to cover the costs of administering the background check program.

This bill would require the above fees to be placed in the IHSS Fingerprint Account, which would be established by the bill. The bill would continuously appropriate those funds to the Department of Justice for use to offset costs incurred in administering the background checks and for maintenance and improvement to the systems from which the information is obtained.

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

The people of the State of California do enact as follows:

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SECTION 1.  

Section 15660 of the Welfare and Institutions
2Code
is amended to read:

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15660.  

(a) The Department of Justice shall securebegin delete anyend deletebegin insert theend insert
2 criminal record of a person to determine whether the person has
3ever been convicted of a violation or attempted violation of Section
4243.4 of the Penal Code, a sex offense against a minor, or ofbegin delete anyend delete
5begin insert aend insert felony that requires registration pursuant to Section 290 of the
6Penal Code, or whether the person has been convicted or
7incarcerated within the last 10 years as the result of committing a
8violation or attempted violation of Section 273a or 273d, or
9subdivision (a) or (b) of Section 368, of the Penal Code, or as the
10result of committing a theft, robbery, burglary, orbegin delete anyend deletebegin insert aend insert felony,
11and shall provide a subsequent arrest notification pursuant to
12Section 11105.2 of the Penal Code, if both of the following
13conditions are met:

14(1) begin deleteAn employer of the person end deletebegin insertThe person’s employer end insertrequests
15the determination and submitsbegin insert the person’send insert fingerprintsbegin delete of the
16personend delete
to the Department of Justice. For purposes of this paragraph,
17“employer” includes, but is not limited to, an in-home supportive
18services recipient, as defined by Section 12302.2, an aged or
19disabled adult who is ineligible for benefits under Chapter 3
20(commencing with Section 12000), who receives care by a person
21as described in paragraph (2),begin delete anyend deletebegin insert aend insert recipient of personal care
22services under the Medi-Cal program pursuant to Sections
2314132.95 to 14132.97, inclusive, andbegin delete anyend deletebegin insert aend insert public authority or
24nonprofit consortium, as described in subdivision (a) of Section
2512301.6.

26(2) The person is unlicensed and provides nonmedical domestic
27or personal care to an aged or disabled adult in the adult’s own
28home.

29(b) (1) If it is found that the person has ever been convicted of
30a violation or attempted violation of Section 243.4 of the Penal
31Code, a sex offense against a minor, or ofbegin delete anyend deletebegin insert aend insert felonybegin delete whichend deletebegin insert thatend insert
32 requires registration pursuant to Section 290 of the Penal Code,
33or that the person has been convicted or incarcerated within the
34last 10 years as the result of committing a violation or attempted
35violation of Section 273a or 273d, or subdivision (a) or (b) of
36Section 368, of the Penal Code, or as the result of committing a
37theft, robbery, burglary, orbegin delete anyend deletebegin insert aend insert felony, the Department of Justice
38shall notify the employer of that fact. If no criminal record
39information has been recorded, the Department of Justice shall
40provide the employer with a statement of that fact.

P3    1(2) begin deleteAny end deletebegin insertAn end insertemployer may deny employment tobegin delete anyend deletebegin insert aend insert person
2who is the subject of a report under paragraph (1) when the report
3indicates that the person has committed any of the crimes identified
4in paragraph (1).

5(3) Nothing in this section shall be construed to requirebegin delete anyend deletebegin insert anend insert
6 employer to hirebegin delete anyend deletebegin insert aend insert person who is the subject of a report under
7paragraph (1) when the report indicates that the person has not
8committed any of the crimes indicated in paragraph (1).

9(c) (1) Fingerprints shall be on a card provided by the
10Department of Justice for the purpose of obtaining a set of
11fingerprints. The employer shall submit the fingerprints to the
12Department of Justice. Within 30 calendar days of the receipt of
13the fingerprints, the Department of Justice shall notify the employer
14of the criminal record information, as provided in this subdivision.
15If no criminal record information has been recorded, the
16Department of Justice shall provide the employer with a statement
17of that fact as soon as possible, but not later than 30 calendar days
18from the date of receipt of the fingerprints. If new fingerprints are
19required for processing, the Department of Justice shall, as soon
20as possible, but not later than 30 calendar days from the date of
21receipt of the fingerprints, notify the employer that the fingerprints
22were illegible.

23(2) Fingerprints may be taken by any local law enforcement
24officer or agency for purposes of paragraph (1).

25(3) Counties shall notify any recipient of, or applicant for,
26in-home supportive services or personal care services under the
27Medi-Cal program, upon his or her application for in-home
28supportive services or personal carebegin delete services orend deletebegin insert services,end insert during
29his or her annual redetermination, or upon the recipient’s changing
30providers, that a criminal record check is available, and that the
31check can be performed by the Department of Justice.

32(d) (1) The Department of Justice shall charge a fee to the
33employer to cover the costs of administering this section.begin insert All
34moneys assessed pursuant to this subdivision shall be deposited
35into the IHSS Fingerprint Account, which is hereby created in the
36State Treasury. Notwithstanding Section 13340 of the Government
37Code, funds in the IHSS Fingerprint Account shall be continuously
38appropriated to the Department of Justice for use to offset costs
39incurred pursuant to this section, subdivision (e) of Section
4012301.6, subdivision (a) of Section 12305.86, and for maintenance
P4    1and improvement to the systems from which the information is
2obtained.end insert

3(2) (A) If the employer isbegin delete anend deletebegin insert a recipient ofend insert in-home supportive
4begin delete services recipient, as defined in Section 123202.2,end deletebegin insert services,end insert a
5recipient of personal care services under the Medi-Cal program
6pursuant to Sections 14132.95 to 14132.97, inclusive, orbegin delete anyend deletebegin insert aend insert
7 public authority or nonprofit consortium as described in subdivision
8(a) of Section 12301.6,begin insert payment ofend insert the fee shall be shared by the
9county and the state in the same ratio as described in Section
1012306.

11(B) (i) Notwithstanding any otherbegin delete provision ofend delete law, and except
12as provided in clause (ii), the department shall, no later than
13January 1, 2009, implement subparagraph (A) through an all-county
14letter from the director.

15(ii) No later than July 1, 2009, the department shall adopt
16regulations to implement the provisions listed in subparagraph
17(A).

18(e) It is the intent of the Legislature that the Department of
19Justice charge a fee to cover its cost in providing services in
20accordance with this section to comply with the 30-calendar-day
21requirement for provision to the department of the criminal record
22information, as contained in subdivision (c).



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