BILL ANALYSIS
AB 1979
Page 1
ASSEMBLY THIRD READING
AB 1979 (Bass)
As Amended April 27, 2005
Majority vote
HUMAN SERVICES 6-0 APPROPRIATIONS 15-0
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|Ayes:|Evans, Berg, Bass, Coto, |Ayes:|Chu, Sharon Runner, Bass, |
| |Nation, | |Berg, Calderon, De La |
| |Nakanishi | |Torre, Karnette, Klehs, |
| | | |Leno, Nakanishi, Nation, |
| | | |Oropeza, Ridley-Thomas, |
| | | |Saldana, Yee |
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SUMMARY : Clarifies that volunteer candidates for mentoring
children in foster care settings must comply with provisions for
criminal background investigations, and prohibits the state
Departments of Justice (DOJ) and Social Services (DSS) from
charging a fee for the cost of the investigations.
EXISTING LAW :
1)Provides for the licensure and regulation of community care
facilities by DSS.
2)Requires that before issuing a license to a person to operate
a community care facility, DSS secure a criminal record from
DOJ to determine the criminal record of any person who
provides client assistance or who volunteers and has contact
with clients.
3)Requires any person whose criminal record is required to be
secured to submit a set of fingerprints to DOJ for the purpose
of conducting the background check.
4)Permits DOJ to charge a fee to cover the cost of processing
the background check.
5)Prohibits DOJ and DSS from charging a fee for the
fingerprinting of an applicant for a license to operate or
manage a foster family home or certified family home.
AB 1979
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FISCAL EFFECT : According to the Assembly Appropriations
Committee analysis:
1)The fiscal impact of waiving the fee for background checks is
approximately $75,000 for every 1,000 volunteer mentors, with
a likely statewide cost of no more than $112,500 given the
estimated number of volunteer mentors.
2)Probably minor nonreimbursable costs to cities and counties
for prosecution and incarceration, offset to some extent by
fine revenues, as this creates a crime.
COMMENTS : This bill is intended to clarify that volunteers
providing mentoring services for foster youth are subject to the
requirement for a criminal background check, but are not
required to pay fees charged by DOJ to conduct the check. As
stated by the author, the fee for the background check imposed
upon non-profit organizations providing mentoring services "is a
financial burden on the potential mentor or non-profit
organization."
According to the Los Angeles County Sheriff's Department, there
are 61 state licensed community care centers providing mentoring
services in Los Angeles County, utilizing approximately 500
mentors per year. The Board of Supervisors of Los Angeles
County "has requested that the County's Inter-Agency Council on
Child Abuse and Neglect (ICAN) Task Force on Mentoring and the
Department of Children and Family Services work toward the goal
of providing a mentor for every foster child in Los Angeles
County by 2010."
There are a variety of fees charged as part of the background
check process. Those administered by DOJ include $15 for the
Child Abuse Index, $16 for Live Scan, $32 for administration,
and an optional $43 fee for a "clear all facilities" access for
use with all community care facilities. In addition, the United
States Federal Bureau of Investigation (FBI) charges $24, a fee
which the state cannot waive. This bill is not intended to
waive the FBI fee, although that fee is currently collected by
DOJ.
Current law exempts volunteers in adult day care and adult day
support centers facilities from the background check requirement
if they meet certain requirements: they must be supervised by
AB 1979
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an employee with a criminal record clearance or exemption,
clients must never be left alone with the volunteer, and the
volunteer does not provide client assistance with dressing,
bathing or personal hygiene.
Apart from those expressly exempted, volunteers who have contact
with clients are subject to the background check requirement
under Health and Safety Code Section1522(b)(1)(D).
Analysis Prepared by : Casey McKeever / HUM. S. / (916)
319-2089
FN: 0014573