BILL ANALYSIS
AB 1979
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1979 (Bass)
As Amended August 7, 2006
Majority vote
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|ASSEMBLY: |78-0 |(May 25, 2006) |SENATE: |37-0 |(August 21, |
| | | | | |2006) |
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Original Committee Reference: HUM. S.
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 specified fees for the cost of the investigations.
The Senate amendments
1)Clarify the authority under which the background checks are to
be conducted.
2)Specify that the fee which may not be charged by DOJ is the
processing for state level criminal records information
pursuant to Health and Safety Code Section 1522.
EXISTING LAW :
1)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.
2)Permits DOJ to charge a fee to cover the cost of processing
the background check.
3)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.
AS PASSED BY THE ASSEMBLY, this bill clarified that volunteer
candidates for mentoring children in foster care settings must
comply with provisions for criminal background investigations,
AB 1979
Page 2
and prohibited DOJ and DSS from charging a fee for the cost of
the investigations.
FISCAL EFFECT : According to the Assembly Appropriations
Committee analysis, this bill results in a likely statewide cost
of no more than $112,500 given the estimated number of volunteer
mentors, and 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 does not waive the FBI
fee, although that fee is currently collected by DOJ.
Analysis Prepared by : Casey McKeever / HUM. S. / (916)
319-2089
FN: 0015977