Amended in Assembly June 1, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 470

Introduced by Assembly Member Chu

(Coauthor: Assembly Member Waldron)

February 23, 2015

An act to begin delete amend Section 15660 of end delete begin insert add Section 15661 to end insert the Welfare and Institutions Code, relating to social begin delete services, and making an appropriation therefor. end delete begin insert services. end insert

LEGISLATIVE COUNSEL’S DIGEST

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

Existing law begin insert establishes the In-Home Supportive Services (IHSS) program, administered by the State Department of Social Services and counties, under which qualified aged, blind, and disabled persons are provided with services in order to permit them to remain in their own homes and avoid institutionalization. Existing law end insert requires the Department of Justice to conduct background checks, as requested, by employers of in-home supportive services begin insert and other end insert providers. begin delete Existing law requires the department to charge a fee to the employer to cover the costs of administering the background check program. end delete

begin delete

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.

end delete begin insert

This bill would require the Department of Justice, by October 1, 2016, and in collaboration with the department, to develop protocols to expedite the processing of provider criminal record checks for the In-Home Supportive Services program, as specified.

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Vote: majority. Appropriation:  begin delete yes end delete begin insert no end insert . Fiscal committee: yes. State-mandated local program: no.

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 15661 is added to the end insert begin insert Welfare and
Institutions Code end insert begin insert , to read: end insert

begin insert

begin insert 15661. end insert   

By October 1, 2016, the Department of Justice, in
collaboration with the department, shall develop protocols to
expedite the processing of provider criminal record checks for the
In-Home Supportive Services program. This activity may be funded
through moneys appropriated by the Legislature to the Department
of Justice for the purpose of conducting criminal record check
activities pursuant to Section 15660.

end insert

begin delete

SECTION 1.  

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

15660.  

(a) The Department of Justice shall secure the criminal
record of a person to determine whether the person has ever been
convicted of a violation or attempted violation of Section 243.4
of the Penal Code, a sex offense against a minor, or of a felony
that requires registration pursuant to Section 290 of the Penal Code,
or whether the person has been convicted or incarcerated within
the last 10 years as the result of committing a violation or attempted
violation of Section 273a or 273d, or subdivision (a) or (b) of
Section 368, of the Penal Code, or as the result of committing a
theft, robbery, burglary, or a felony, and shall provide a subsequent
arrest notification pursuant to Section 11105.2 of the Penal Code,
if both of the following conditions are met:

(1) The person’s employer requests the determination and
submits the person’s fingerprints to the Department of Justice. For
purposes of this paragraph, “employer” includes, but is not limited
to, an in-home supportive services recipient, as defined by Section
12302.2, an aged or disabled adult who is ineligible for benefits
under Chapter 3 (commencing with Section 12000), who receives
care by a person as described in paragraph (2), a recipient of
personal care services under the Medi-Cal program pursuant to
Sections 14132.95 to 14132.97, inclusive, and a public authority
or nonprofit consortium, as described in subdivision (a) of Section
12301.6.

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

(b) (1) If it is found that the person has ever been convicted of
a violation or attempted violation of Section 243.4 of the Penal
Code, a sex offense against a minor, or of a felony that requires
registration pursuant to Section 290 of the Penal Code, or that the
person has been convicted or incarcerated within the last 10 years
as the result of committing a violation or attempted violation of
Section 273a or 273d, or subdivision (a) or (b) of Section 368, of
the Penal Code, or as the result of committing a theft, robbery,
burglary, or a felony, the Department of Justice shall notify the
employer of that fact. If no criminal record information has been
recorded, the Department of Justice shall provide the employer
with a statement of that fact.

(2) An employer may deny employment to a person who is the
subject of a report under paragraph (1) when the report indicates
that the person has committed any of the crimes identified in
paragraph (1).

(3) Nothing in this section shall be construed to require an
employer to hire a person who is the subject of a report under
paragraph (1) when the report indicates that the person has not
committed any of the crimes indicated in paragraph (1).

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

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

(3) Counties shall notify any recipient of, or applicant for,
in-home supportive services or personal care services under the
Medi-Cal program, upon his or her application for in-home
supportive services or personal care services, during his or her
annual redetermination, or upon the recipient’s changing providers,
that a criminal record check is available, and that the check can
be performed by the Department of Justice.

(d) (1) The Department of Justice shall charge a fee to the
employer to cover the costs of administering this section. All
moneys assessed pursuant to this subdivision shall be deposited
into the IHSS Fingerprint Account, which is hereby created in the
State Treasury. Notwithstanding Section 13340 of the Government
Code, funds in the IHSS Fingerprint Account shall be continuously
appropriated to the Department of Justice for use to offset costs
incurred pursuant to this section, subdivision (e) of Section
12301.6, subdivision (a) of Section 12305.86, and for maintenance
and improvement to the systems from which the information is
obtained.

(2) (A) If the employer is a recipient of in-home supportive
services, a recipient of personal care services under the Medi-Cal
program pursuant to Sections 14132.95 to 14132.97, inclusive, or
a public authority or nonprofit consortium as described in
subdivision (a) of Section 12301.6, payment of the fee shall be
shared by the county and the state in the same ratio as described
in Section 12306.

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

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

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

end delete