BILL ANALYSIS
SENATE HUMAN
SERVICES COMMITTEE
Senator Elaine K. Alquist, Chair
BILL NO: AB 1979
A
AUTHOR: Bass
B
VERSION: June 21, 2006
HEARING DATE: June 27, 2006
1
FISCAL: Appropriations
9
7
CONSULTANT:
9
Martin/Hailey
SUBJECT
Community care facilities: criminal record information:
fees.
SUMMARY
Clarifies that volunteer candidates for mentoring children
in foster care settings must obtain a criminal record
clearance or an exemption and prohibits the state from
charging a fee.
ABSTRACT
Current law
1. Provides for the licensure and regulation of community
care facilities and foster family agencies and foster
family homes by the Department of Social Services (DSS).
2. Requires DSS, before issuing a license to any person to
operate or manage a community care facility, foster family
home, or certified family home of a licensed foster family
agency, to secure a criminal record from the Department of
Justice (DOJ) for the applicant and any person who provides
client assistance or who volunteers and has contact with
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clients, unless the person qualifies for an exemption from
the criminal record clearance.
3. Requires any person whose criminal record is required
to be secured to submit fingerprints to DOJ for the purpose
of conducting a state and federal criminal background
check.
4. Permits DOJ to charge a fee to cover the cost of
processing criminal record checks except when prohibited in
specified circumstances.
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 of a
licensed foster family agency.
6. Except during fiscal years 2003-04, 2004-05, and
2005-06, prohibits DOJ and DSS from charging a fee for
securing a criminal record or for fingerprinting an
applicant for a license to operate a non-medical board and
care facility for six or less children.
7. Requires DSS, prior to granting a license to any person
to care for children, to check the Child Abuse Central
Index and to investigate any child abuse reports.
8. Requires any person applying to be a Trustline provider
of child care, supervision, or in-home educational and
counseling services to a child to submit an application and
fingerprints to DOJ for purposes of a federal and state
criminal record and child abuse system check.
This bill
1. Clarifies current law that requires criminal background
checks of volunteers who mentor foster youth in a community
care facility, foster family home, or certified family
home. This bill recasts the requirement to apply to
volunteer mentors in foster care settings as defined by DSS
prior to the volunteers' having contact with foster youth.
2. Clarifies current law that criminal background checks
of volunteer mentors for foster youth be conducted in
accordance with current requirements either for community
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care facilities, foster family homes, and certified family
homes or for Trustline providers.
3. Clarifies current law that prohibits DOJ and DSS from
charging a fee for the cost of state level criminal
background checks for volunteer mentor candidates when the
checks are instigated by a licensed foster family agency or
foster family home.
4. Permits a county social service agency in cooperation
with, or as a component of a licensed foster family agency,
to follow the criminal background check process for foster
family agencies and foster family homes authorized under
current law.
FISCAL IMPACT
According to the Assembly Appropriations Committee, the
fiscal impact of waiving DOJ fees for background checks for
volunteer mentors would be approximately $75,000 for every
1,000 volunteer mentors. Based on the author's report that
there are 500 volunteer mentors in Los Angeles County, the
Assembly Appropriations Committee analysis estimates that
the number of volunteers statewide would be no more than
1,500 volunteers.
The analysis also indicates probable minor non-reimbursable
costs to cities and counties for prosecution and
incarceration, offset to some extent by fine revenues, as
this creates a crime.
BACKGROUND AND DISCUSSION
This bill is intended to clarify that volunteers providing
mentoring services to foster youth are subject to the
requirement for a criminal background check, and that there
are two processes by which a person may undergo the
criminal background check process. The costs of a criminal
background check are different under each process. Fees
that may be charged as part of the background check
include: $32 for DOJ administration, $15 for the Child
Abuse Central Index, $16 for Live Scan, and $43 for a
Trustline application. In addition, there is a charge by
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the United States Federal Bureau of Investigation (FBI)
that the state cannot waive. According to DOJ, the FBI fee
is now $18, rather than $24.
One background check process is used when instigated by a
licensed foster family agency or foster family home. Under
current law, DOJ and DSS cannot charge a fee for the state
criminal record background check for foster family agencies
and foster family homes. A second background check process
also used by volunteer mentors is through application as a
Trustline provider. Trustline is California's registry of
unlicensed, in-home child care providers, tutors, and
counselors. The Trustline process includes an application
fee and the DOJ administration fee in addition to the
charges for the child abuse and LiveScan check . The cost
of the background check through the foster family agency
and foster family home process is currently $75 lower than
the cost through the Trustline process.
The author reports that 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 author's
office, the bill is intended to allow counties the option
to use the less costly background check process for foster
family agencies and foster family homes, thereby promoting
more persons becoming volunteer mentors for foster youth.
According to DSS, it is current practice for DSS to approve
counties ' functioning as a foster family agency.
The Los Angeles County Sheriff's Department, a sponsor of
the bill, reports that there are 61 state licensed
community care centers providing mentoring services in Los
Angeles County, utilizing approximately 500 mentors per
year. Further, they report that Los Angeles County has a
goal of providing a mentor for every foster child in Los
Angeles by 2010.
The proposed amendments since the April 27, 2006 version of
the bill are intended to clarify that the fee exemption
applies only to DOJ and DSS fees and not the FBI fee, and
to provide counties with the option to instigate criminal
background checks through the foster family agency and
foster family home process.
STAFF ANALYSIS OF ASSEMBLY BILL 1979 (Bass) Page
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Current law prohibits DOJ and DSS from charging a fee for
securing a criminal record or for fingerprinting an
applicant for a license to operate a non-medical board and
care facility for six or fewer children, except during
fiscal years 2003-04, 2004-05, and 2005-06. In its 2006-07
governor's budget, the administration proposed to extend
the suspension of the prohibition for an additional two
fiscal years. The conference committee adopted this
proposal in the conference budget.
Current law exempts volunteers in adult day care and adult
day support centers from criminal record check requirements
if the volunteer is supervised by the licensee or a
facility employee with a criminal record clearance or
exemption, is never left alone with clients, and does not
provide any client assistance with dressing, grooming,
bathing or personal hygiene.
PRIOR ACTIONS
Assembly Floor: 78 - 0Do pass.
Assembly Appropriations: 15 - 0Do pass.
Assembly Human Services: 6 - 0Do pass as amended.
POSITIONS
Support: Los Angeles County Sheriff's Department
(sponsor)
Los Angeles County Board of Supervisors
American Federation of State, County, and
Municipal Employees
Oppose: None received
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