BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1240
                                                                  Page  1

          Date of Hearing:   January 21, 2004

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                              Darrell Steinberg, Chair

                     AB 1240 (Mullins) - As Amended:  May 7, 2004

          Policy Committee:                              Human  
          ServicesVote: 4-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          As proposed to be amended, this bill increases civil penalties  
          from $100 per violation to $100 per violation  per day  , for up to  
          30 days for violations of criminal background check provisions  
          governing various community care facilities (CCFs), including  
          child care facilities, foster care facilities, and residential  
          care facilities. 

           FISCAL EFFECT  

          Minor absorbable costs to the Department of Social Services  
          (DSS) Community Care Licensing Division (CCLD) to enforce the  
          new civil penalty structure. 

           COMMENTS  

           1)Rationale  . This increase in civil penalties for violations of  
            licensing statutes as they pertain to criminal background  
            checks will be used by CCLD staff to enforce recent changes in  
            law and processes regarding an individual's presence or  
            absence in a facility prior to criminal finger print  
            clearance. 

           2)Background  . CCLD conducts a criminal background check on all  
            CCF license applicants, employees, volunteers, and adults  
            residing in or present at various facilities. Generally, if an  
            individual has a criminal conviction for anything other than a  
            minor traffic offense, clearance will not be granted for a  
            license or employment. 

          The criminal background check process was recently automated.  
            Current law requires that when most clearances are completed  
            within a certain turnaround time, individuals must have  
            clearance prior to an initial appearance in a facility.  





                                                                  AB 1240
                                                                  Page  2

            Previously, individuals were permitted in CCFs pending  
            clearance. This bill will penalize providers who fail to  
            comply with this prior clearance provision.  

           3)Committee Amendments  delete numerous earlier provisions of the  
            bill and replace them with the narrow increase in civil  
            penalties.  

           4)Public Focus  . This area of law addresses concerns that have  
            been raised in recent years in a series of articles in the  
            Orange County Register and a Bureau of State Audits report  
            regarding the child care criminal background check process as  
            to how, why, and how often individuals receive exemptions. In  
            addition, there have been a number of legislative hearings on  
            this topic.

           Analysis Prepared by  :    Mary Ader / APPR. / (916) 319-2081