BILL NUMBER: SB 1022	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 18, 2008
	AMENDED IN ASSEMBLY  AUGUST 31, 2007
	AMENDED IN SENATE  MAY 22, 2007
	AMENDED IN SENATE  MARCH 27, 2007

INTRODUCED BY   Senator Steinberg

                        FEBRUARY 23, 2007

   An act to amend Sections 11169 and 11170 of the Penal Code,
relating to child abuse.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1022, as amended, Steinberg. Child abuse: central index.
   Existing law requires the Department of Justice to maintain the
Child Abuse Central Index as a repository for reports regarding
suspected child abuse or severe neglect  and requires the
reporting agency to notify a suspected abuser when he or she has been
reported to the index  . Existing law further requires the
Department of Justice to make relevant information contained in the
index available to specified law enforcement agencies, county welfare
departments, and other agencies that are conducting a child abuse
investigation.
    This bill would require the Department of Justice to make
available to a Court Appointed Special Advocate program that is
conducting a background investigation of an applicant seeking
employment with the program, or a volunteer position as a Court
Appointed Special Advocate, information contained in the index
regarding known or suspected child abuse by the applicant. 
This bill would  also  require the department to
remove information relating to a person whose name is listed in the
Child Abuse Central Index as a suspect in a child abuse or neglect
investigation due to an incident that occurred when the person was
under 18 years of age if the incident did not result in a delinquency
adjudication or criminal conviction, and he or she makes a notarized
written request to the department to have his or her name removed as
a suspect with respect to that incident, as specified.  This
bill would require the reporting agency to also notify the victim and
certain representatives of the victim when the suspected abuser of
the victim has been reported to the Child Abuse Central Index, as
specified.  
   Existing law also requires the department to delete information
from an inconclusive or unsubstantiated child abuse report after 10
years if no subsequent report concerning the same suspected child
abuser is received within that time period.  
   This bill would require, in cases in which the suspected child
abuser was a minor at the time of the report, the information to be
deleted after 5 years if no subsequent report concerning the same
suspected child abuser is received within that time period. The bill
would further specify that if a subsequent report is received within
the 10-year period for adult child abuse suspects or 5-year period
for child abuse suspects who were themselves minors at the time of
the report, information from any prior report, as well as any
subsequently filed report, shall be maintained for 10 years from the
time of the most recent report. 
   Existing law also mandates that specified persons forward reports
of suspected child abuse to the Department of Justice and requires
the department to notify the suspected abuser that he or she has been
reported to the Child Abuse Central Index.
   This bill would additionally require the department, if the known
or suspected child abuser is a minor, to notify the minor's current
caregiver, parents or legal guardian, attorney, and guardian ad
litem. 
   This bill would incorporate additional changes in Section 11170 of
the Penal Code proposed by AB 2618 and AB 2651 that would become
operative if one or both of those bills are chaptered and become
effective on or before January 1, 2009, and this bill is chaptered
last. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 11169 of the Penal Code is amended to read:
   11169.  (a) An agency specified in Section 11165.9 shall forward
to the Department of Justice a report in writing of every case it
investigates of known or suspected child abuse or severe neglect
which is determined not to be unfounded, other than cases coming
within subdivision (b) of Section 11165.2. An agency shall not
forward a report to the Department of Justice unless it has conducted
an active investigation and determined that the report is not
unfounded, as defined in Section 11165.12. If a report has previously
been filed which subsequently proves to be unfounded, the Department
of Justice shall be notified in writing of that fact and shall not
retain the report. The reports required by this section shall be in a
form approved by the Department of Justice and may be sent by fax or
electronic transmission. An agency specified in Section 11165.9
receiving a written report from another agency specified in Section
11165.9 shall not send that report to the Department of Justice.
   (b) At the time an agency specified in Section 11165.9 forwards a
report in writing to the Department of Justice pursuant to
subdivision (a), the agency shall also notify in writing the known or
suspected child abuser  , the victim, the victim's current
caregiver, the parents or legal guardian, and, if the victim is a
dependent child pursuant to Section 300 et seq. of the Welfare and
Institutions Code, the victim's attorney and guardian ad litem, if
any,  that he or she has been reported to the Child Abuse
Central Index. If the known or suspected child abuser is a minor, the
agency shall notify the minor's current caregiver, the minor's
parents or legal guardian, the minor's attorney, and the minor's
guardian ad litem, if any. The notice required by this section shall
be in a form approved by the Department of Justice. The requirements
of this subdivision shall apply with respect to reports forwarded to
the department on or after the date on which this subdivision becomes
operative.
   (c) Agencies shall retain child abuse or neglect investigative
reports that result in a report filed with the Department of Justice
pursuant to subdivision (a) for the same period of time that the
information is required to be maintained on the Child Abuse Central
Index pursuant to this section and subdivision (a) of Section 11170.
Nothing in this section precludes an agency from retaining the
reports for a longer period of time if required by law.
   (d) The immunity provisions of Section 11172 shall not apply to
the submission of a report by an agency pursuant to this section.
However, nothing in this section shall be construed to alter or
diminish any other immunity provisions of state or federal law.

  SEC. 2.    Section 11170 of the Penal Code is
amended to read:
   11170.  (a) (1) The Department of Justice shall maintain an index
of all reports of child abuse and severe neglect submitted pursuant
to Section 11169. The index shall be continually updated by the
department and shall not contain any reports that are determined to
be unfounded. The department may adopt rules governing recordkeeping
and reporting pursuant to this article.
   (2) The department shall act only as a repository of reports of
suspected child abuse and severe neglect to be maintained in the
Child Abuse Central Index pursuant to paragraph (1). The submitting
agencies are responsible for the accuracy, completeness, and
retention of the reports described in this section. The department
shall be responsible for ensuring that the Child Abuse Central Index
accurately reflects the report it receives from the submitting
agency.
   (3) Information from an inconclusive or unsubstantiated report
filed pursuant to subdivision (a) of Section 11169 shall be deleted
from the Child Abuse Central Index after 10 years if no subsequent
report concerning the same suspected child abuser is received within
that time period. If a subsequent report is received within that
10-year period, information from any prior report, as well as any
subsequently filed report, shall be maintained on the Child Abuse
Central Index for a period of 10 years from the time the most recent
report is received by the department.
   (b) (1) The Department of Justice shall immediately notify an
agency that submits a report pursuant to Section 11169, or a
prosecutor who requests notification, of any information maintained
pursuant to subdivision (a) that is relevant to the known or
suspected instance of child abuse or severe neglect reported by the
agency. The agency shall make that information available to the
reporting medical practitioner, child custodian, guardian ad litem
appointed under Section 326, or counsel appointed under Section 317
or 318 of the Welfare and Institutions Code, or the appropriate
licensing agency, if he or she is treating or investigating a case of
known or suspected child abuse or severe neglect.
   (2) When a report is made pursuant to subdivision (a) of Section
11166, or Section 11166.05, the investigating agency, upon completion
of the investigation or after there has been a final disposition in
the matter, shall inform the person required or authorized to report
of the results of the investigation and of any action the agency is
taking with regard to the child or family.
   (3) The Department of Justice shall make available to a law
enforcement agency, county welfare department, or county probation
department that is conducting a child abuse investigation relevant
information contained in the index.
   (4) The department shall make available to the State Department of
Social Services or to any county licensing agency that has
contracted with the state for the performance of licensing duties
information regarding a known or suspected child abuser maintained
pursuant to this section and subdivision (a) of Section 11169
concerning any person who is an applicant for licensure or any adult
who resides or is employed in the home of an applicant for licensure
or who is an applicant for employment in a position having
supervisorial or disciplinary power over a child or children, or who
will provide 24-hour care for a child or children in a residential
home or facility, pursuant to Section 1522.1 or 1596.877 of the
Health and Safety Code, or Section 8714, 8802, 8912, or 9000 of the
Family Code.
   (5) The Department of Justice shall make available to a Court
Appointed Special Advocate program that is conducting a background
investigation of an applicant seeking employment with the program or
a volunteer position as a Court Appointed Special Advocate, as
defined in Section 101 of the Welfare and Institutions Code,
information contained in the index regarding known or suspected child
abuse by the applicant.
   (6) For purposes of child death review, the Department of Justice
shall make available to the chairperson, or the chairperson's
designee, for each county child death review team, or the State Child
Death Review Council, information maintained in the Child Abuse
Central Index pursuant to subdivision (a) of Section 11170 relating
to the death of one or more children and any prior child abuse or
neglect investigation reports maintained involving the same victims,
siblings, or suspects. Local child death review teams may share any
relevant information regarding case reviews involving child death
with other child death review teams.
   (7) The department shall make available to investigative agencies
or probation officers, or court investigators acting pursuant to
Section 1513 of the Probate Code, responsible for placing children or
assessing the possible placement of children pursuant to Article 6
(commencing with Section 300), Article 7 (commencing with Section
305), Article 10 (commencing with Section 360), or Article 14
(commencing with Section 601) of Chapter 2 of Part 1 of Division 2 of
the Welfare and Institutions Code, Article 2 (commencing with
Section 1510) or Article 3 (commencing with Section 1540) of Chapter
1 of Part 2 of Division 4 of the Probate Code, information regarding
a known or suspected child abuser contained in the index concerning
any adult residing in the home where the child may be placed, when
this information is requested for purposes of ensuring that the
placement is in the best interests of the child. Upon receipt of
relevant information concerning child abuse or neglect investigation
reports contained in the index from the Department of Justice
pursuant to this subdivision, the agency or court investigator shall
notify, in writing, the person listed in the Child Abuse Central
Index that he or she is in the index. The notification shall include
the name of the reporting agency and the date of the report.
   (8) The Department of Justice shall make available to a government
agency conducting a background investigation pursuant to Section
1031 of the Government Code of an applicant seeking employment as a
peace officer, as defined in Section 830, information regarding a
known or suspected child abuser maintained pursuant to this section
concerning the applicant.
   (9) (A) Persons or agencies, as specified in subdivision (b), if
investigating a case of known or suspected child abuse or neglect, or
the State Department of Social Services or any county licensing
agency pursuant to paragraph (4), or a Court Appointed Special
Advocate program conducting a background investigation for employment
or volunteer candidates pursuant to paragraph (5), or an
investigative agency, probation officer, or court investigator
responsible for placing children or assessing the possible placement
of children pursuant to paragraph (7), or a government agency
conducting a background investigation of an applicant seeking
employment as a peace officer pursuant to paragraph (8), to whom
disclosure of any information maintained pursuant to subdivision (a)
is authorized, are responsible for obtaining the original
investigative report from the reporting agency, and for drawing
independent conclusions regarding the quality of the evidence
disclosed, and its sufficiency for making decisions regarding
investigation, prosecution, licensing, placement of a child,
employment or volunteer positions with a Court Appointed Special
Advocate program, or employment as a peace officer.
   (B) If Child Abuse Central Index information is requested by an
agency for the temporary placement of a child in an emergency
situation pursuant to Article 7 (commencing with Section 305) of
Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions
Code, the department is exempt from the requirements of Section
1798.18 of the Civil Code if compliance would cause a delay in
providing an expedited response to the agency's inquiry and if
further delay in placement may be detrimental to the child.
   (10) (A) Whenever information contained in the Department of
Justice files is furnished as the result of an application for
employment or licensing pursuant to paragraph (4), (5), or (8), the
Department of Justice may charge the person or entity making the
request a fee. The fee shall not exceed the reasonable costs to the
department of providing the information. The only increase shall be
at a rate not to exceed the legislatively approved cost-of-living
adjustment for the department. In no case shall the fee exceed
fifteen dollars ($15).
   (B) All moneys received by the department pursuant to this section
to process trustline applications for purposes of Chapter 3.35
(commencing with Section 1596.60) of Division 2 of the Health and
Safety Code shall be deposited in a special account in the General
Fund that is hereby established and named the Department of Justice
Child Abuse Fund. Moneys in the fund shall be available, upon
appropriation by the Legislature, for expenditure by the department
to offset the costs incurred to process trustline automated child
abuse or neglect system checks pursuant to this section.
   (C) All moneys, other than that described in subparagraph (B),
received by the department pursuant to this paragraph shall be
deposited in a special account in the General Fund which is hereby
created and named the Department of Justice Sexual Habitual Offender
Fund. The funds shall be available, upon appropriation by the
Legislature, for expenditure by the department to offset the costs
incurred pursuant to Chapter 9.5 (commencing with Section 13885) and
Chapter 10 (commencing with Section 13890) of Title 6 of Part 4, and
the DNA and Forensic Identification Data Base and Data Bank Act of
1998 (Chapter 6 (commencing with Section 295) of Title 9 of Part 1),
and for maintenance and improvements to the statewide Sexual Habitual
Offender Program and the California DNA offender identification file
(CAL-DNA) authorized by Chapter 9.5 (commencing with Section 13885)
of Title 6 of Part 4 and the DNA and Forensic Identification Data
Base and Data Bank Act of 1998 (Chapter 6 (commencing with Section
295) of Title 9 of Part 1).
   (c) The Department of Justice shall make available to any agency
responsible for placing children pursuant to Article 7 (commencing
with Section 305) of Chapter 2 of Part 1 of Division 2 of the Welfare
and Institutions Code, upon request, relevant information concerning
child abuse or neglect reports contained in the index, when making a
placement with a responsible relative pursuant to Sections 281.5,
305, and 361.3 of the Welfare and Institutions Code. Upon receipt of
relevant information concerning child abuse or neglect reports
contained in the index from the Department of Justice pursuant to
this subdivision, the agency shall also notify in writing the person
listed in the Child Abuse Central Index that he or she is in the
index. The notification shall include the location of the original
investigative report and the submitting agency. The notification
shall be submitted to the person listed at the same time that all
other parties are notified of the information, and no later than the
actual judicial proceeding that determines placement.
   If Child Abuse Central Index information is requested by an agency
for the placement of a child with a responsible relative in an
emergency situation pursuant to Article 7 (commencing with Section
305) of Chapter 2 of Part 1 of Division 2 of the Welfare and
Institutions Code, the department is exempt from the requirements of
Section 1798.18 of the Civil Code if compliance would cause a delay
in providing an expedited response to the child protective agency's
inquiry and if further delay in placement may be detrimental to the
child.
   (d) The department shall make available any information maintained
pursuant to subdivision (a) to out-of-state law enforcement agencies
conducting investigations of known or suspected child abuse or
neglect only when an agency makes the request for information in
writing and on official letterhead, identifying the suspected abuser
or victim by name. The request shall be signed by the department
supervisor of the requesting law enforcement agency. The written
requests shall cite the out-of-state statute or interstate compact
provision that requires that the information contained within these
reports shall be disclosed only to law enforcement, prosecutorial
entities, or multidisciplinary investigative teams, and shall cite
the criminal penalties for unlawful disclosure of any confidential
information provided by the requesting state or the applicable
interstate compact provision. In the absence of a specified
out-of-state statute or interstate compact provision that requires
that the information contained within these reports shall be
disclosed only to law enforcement, prosecutorial entities, or
multidisciplinary investigative teams, and criminal penalties
equivalent to the penalties in California for unlawful disclosure,
access shall be denied.
   (e) (1) Any person may determine if he or she is listed in the
Child Abuse Central Index by making a request in writing to the
Department of Justice. The request shall be notarized and include the
person's name, address, date of birth, and either a social security
number or a California identification number. Upon receipt of a
notarized request, the Department of Justice shall make available to
the requesting person information identifying the date of the report
and the submitting agency. The requesting person is responsible for
obtaining the investigative report from the submitting agency
pursuant to paragraph (11) of subdivision (b) of Section 11167.5.
   (2) No person or agency shall require or request another person to
furnish a copy of a record concerning himself or herself, or
notification that a record concerning himself or herself exists or
does not exist, pursuant to paragraph (1) of this subdivision.
   (f) If a person is listed in the Child Abuse Central Index only as
a victim of child abuse or neglect, and that person is 18 years of
age or older, that person may have his or her name removed from the
index by making a written request to the Department of Justice. The
request shall be notarized and include the person's name, address,
social security number, and date of birth.
   (g)  (1) If a person is listed in the Child Abuse Central Index as
a suspect in a child abuse or neglect investigation due to an
incident that occurred when the person was under the age of 18 years,
and the incident did not result in a delinquency adjudication or
criminal conviction, that person may make a written request to the
Department of Justice to have his or her name removed from the index
as a suspect with respect to that incident. The request shall be
notarized and include the person's name, address, social security
number, and date of birth. Upon receipt of the request, the
department shall inquire of the submitting agency whether the
incident resulted in a delinquency adjudication or criminal
conviction. Unless the submitting agency responds to the department
in the affirmative within 30 days, the department shall remove the
person's name from the index as the person suspected in that
incident.
   (2) If a person is listed in the index as a suspect with respect
to more than one reported incident, the process set forth in
paragraph (1) shall be followed with respect to each incident for
which the person wishes to have his or her name removed from the
index. 
   SEC. 2.    Section 11170 of the   Penal Code
  is amended to read: 
   11170.  (a) (1) The Department of Justice shall maintain an index
of all reports of child abuse and severe neglect submitted pursuant
to Section 11169. The index shall be continually updated by the
department and shall not contain any reports that are determined to
be unfounded. The department may adopt rules governing recordkeeping
and reporting pursuant to this article.
   (2) The department shall act only as a repository of reports of
suspected child abuse and severe neglect to be maintained in the
Child Abuse Central Index pursuant to paragraph (1). The submitting
agencies are responsible for the accuracy, completeness, and
retention of the reports described in this section. The department
shall be responsible for ensuring that the Child Abuse Central Index
accurately reflects the report it receives from the submitting
agency.
   (3) Information from an inconclusive or unsubstantiated report
filed pursuant to subdivision (a) of Section 11169 shall be deleted
from the Child Abuse Central Index after 10 years if no subsequent
report concerning the same suspected child abuser is received within
that time period.  If the suspected child abuser was a minor at
the time of the report, the information shall be deleted after five
years if no subsequent report concerning the same suspected child
abuser is received within that time period.  If a subsequent
report is received within that 10-year period  
the 10-year period for adult child abuse suspects or the five-year
period for child abuse suspects who were themselves minors at the
time of the report  , information from any prior report, as well
as any subsequently filed report, shall be maintained on the Child
Abuse Central Index for a period of 10 years from the time the most
recent report is received by the department.
   (b) (1) The Department of Justice shall immediately notify an
agency that submits a report pursuant to Section 11169, or a
prosecutor who requests notification, of any information maintained
pursuant to subdivision (a) that is relevant to the known or
suspected instance of child abuse or severe neglect reported by the
agency. The agency shall make that information available to the
reporting medical practitioner, child custodian, guardian ad litem
appointed under Section 326, or counsel appointed under Section 317
or 318 of the Welfare and Institutions Code, or the appropriate
licensing agency, if he or she is treating or investigating a case of
known or suspected child abuse or severe neglect.
   (2) When a report is made pursuant to subdivision (a) of Section
11166, or Section 11166.05, the investigating agency, upon completion
of the investigation or after there has been a final disposition in
the matter, shall inform the person required or authorized to report
 ,  of the results of the investigation and of any
action the agency is taking with regard to the child or family.
   (3) The Department of Justice shall make available to a law
enforcement agency, county welfare department, or county probation
department that is conducting a child abuse investigation  ,
 relevant information contained in the index.
   (4) The department shall make available to the State Department of
Social Services, or to any county licensing agency that has
contracted with the state for the performance of licensing duties, or
to a tribal court or tribal child welfare agency of a tribe or
consortium of tribes that has entered into an agreement with the
state pursuant to Section 10553.1 of the Welfare and Institutions
Code, information regarding a known or suspected child abuser
maintained pursuant to this section and subdivision (a) of Section
11169 concerning any person who is an applicant for licensure or any
adult who resides or is employed in the home of an applicant for
licensure or who is an applicant for employment in a position having
supervisorial or disciplinary power over a child or children, or who
will provide 24-hour care for a child or children in a residential
home or facility, pursuant to Section 1522.1 or 1596.877 of the
Health and Safety Code, or Section 8714, 8802, 8912, or 9000 of the
Family Code.
   (5) The Department of Justice shall make available to a 
Court Appointed   Court-Appointed  Special Advocate
program that is conducting a background investigation of an
applicant seeking employment with the program or a volunteer position
as a  Court Appointed   Court-Appointed 
Special Advocate, as defined in Section 101 of the Welfare and
Institutions Code, information contained in the index regarding known
or suspected child abuse by the applicant.
   (6) For purposes of child death review, the Department of Justice
shall make available to the chairperson, or the chairperson's
designee, for each county child death review team, or the State Child
Death Review Council, information maintained in the Child Abuse
Central Index pursuant to subdivision (a) of Section 11170 relating
to the death of one or more children and any prior child abuse or
neglect investigation reports maintained involving the same victims,
siblings, or suspects. Local child death review teams may share any
relevant information regarding case reviews involving child death
with other child death review teams.
   (7) The department shall make available to investigative agencies
or probation officers, or court investigators acting pursuant to
Section 1513 of the Probate Code, responsible for placing children or
assessing the possible placement of children pursuant to Article 6
(commencing with Section 300), Article 7 (commencing with Section
305), Article 10 (commencing with Section 360), or Article 14
(commencing with Section 601) of Chapter 2 of Part 1 of Division 2 of
the Welfare and Institutions Code, Article 2 (commencing with
Section 1510) or Article 3 (commencing with Section 1540) of Chapter
1 of Part 2 of Division 4 of the Probate
             Code, information regarding a known or suspected child
abuser contained in the index concerning any adult residing in the
home where the child may be placed, when this information is
requested for purposes of ensuring that the placement is in the best
interests of the child. Upon receipt of relevant information
concerning child abuse or neglect investigation reports contained in
the index from the Department of Justice pursuant to this
subdivision, the agency or court investigator shall notify, in
writing, the person listed in the Child Abuse Central Index that he
or she is in the index. The notification shall include the name of
the reporting agency and the date of the report.
   (8) The Department of Justice shall make available to a government
agency conducting a background investigation pursuant to Section
1031 of the Government Code of an applicant seeking employment as a
peace officer, as defined in Section 830, information regarding a
known or suspected child abuser maintained pursuant to this section
concerning the applicant.
   (9) (A) Persons or agencies, as specified in subdivision (b), if
investigating a case of known or suspected child abuse or neglect, or
the State Department of Social Services or any county licensing
agency pursuant to paragraph (4), or a Court Appointed Special
Advocate program conducting a background investigation for employment
or volunteer candidates pursuant to paragraph (5), or an
investigative agency, probation officer, or court investigator
responsible for placing children or assessing the possible placement
of children pursuant to paragraph (7), or a government agency
conducting a background investigation of an applicant seeking
employment as a peace officer pursuant to paragraph (8), to whom
disclosure of any information maintained pursuant to subdivision (a)
is authorized, are responsible for obtaining the original
investigative report from the reporting agency, and for drawing
independent conclusions regarding the quality of the evidence
disclosed, and its sufficiency for making decisions regarding
investigation, prosecution, licensing, placement of a child,
employment or volunteer positions with a CASA program, or employment
as a peace officer.
   (B) If Child Abuse Central Index information is requested by an
agency for the temporary placement of a child in an emergency
situation pursuant to Article 7 (commencing with Section 305) of
Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions
Code, the department is exempt from the requirements of Section
1798.18 of the Civil Code if compliance would cause a delay in
providing an expedited response to the agency's inquiry and if
further delay in placement may be detrimental to the child.
   (10) (A) Whenever information contained in the Department of
Justice files is furnished as the result of an application for
employment or licensing pursuant to paragraph (4), (5), or (8), the
Department of Justice may charge the person or entity making the
request a fee. The fee shall not exceed the reasonable costs to the
department of providing the information. The only increase shall be
at a rate not to exceed the legislatively approved cost-of-living
adjustment for the department. In no case shall the fee exceed
fifteen dollars ($15).
   (B) All moneys received by the department pursuant to this section
to process trustline applications for purposes of Chapter 3.35
(commencing with Section 1596.60) of Division 2 of the Health and
Safety Code shall be deposited in a special account in the General
Fund that is hereby established and named the Department of Justice
Child Abuse Fund. Moneys in the fund shall be available, upon
appropriation by the Legislature, for expenditure by the department
to offset the costs incurred to process trustline automated child
abuse or neglect system checks pursuant to this section.
   (C) All moneys, other than that described in subparagraph (B),
received by the department pursuant to this paragraph shall be
deposited in a special account in the General Fund which is hereby
created and named the Department of Justice Sexual Habitual Offender
Fund. The funds shall be available, upon appropriation by the
Legislature, for expenditure by the department to offset the costs
incurred pursuant to Chapter 9.5 (commencing with Section 13885) and
Chapter 10 (commencing with Section 13890) of Title 6 of Part 4, and
the DNA and Forensic Identification Data Base and Data Bank Act of
1998 (Chapter 6 (commencing with Section 295) of Title 9 of Part 1),
and for maintenance and improvements to the statewide Sexual Habitual
Offender Program and the California DNA offender identification file
(CAL-DNA) authorized by Chapter 9.5 (commencing with Section 13885)
of Title 6 of Part 4 and the DNA and Forensic Identification Data
Base and Data Bank Act of 1998 (Chapter 6 (commencing with Section
295) of Title 9 of Part 1).
   (c) The Department of Justice shall make available to any agency
responsible for placing children pursuant to Article 7 (commencing
with Section 305) of Chapter 2 of Part 1 of Division 2 of the Welfare
and Institutions Code, upon request, relevant information concerning
child abuse or neglect reports contained in the index, when making a
placement with a responsible relative pursuant to Sections 281.5,
305, and 361.3 of the Welfare and Institutions Code. Upon receipt of
relevant information concerning child abuse or neglect reports
contained in the index from the Department of Justice pursuant to
this subdivision, the agency shall also notify in writing the person
listed in the Child Abuse Central Index that he or she is in the
index. The notification shall include the location of the original
investigative report and the submitting agency. The notification
shall be submitted to the person listed at the same time that all
other parties are notified of the information, and no later than the
actual judicial proceeding that determines placement.
   If Child Abuse Central Index information is requested by an agency
for the placement of a child with a responsible relative in an
emergency situation pursuant to Article 7 (commencing with Section
305) of Chapter 2 of Part 1 of Division 2 of the Welfare and
Institutions Code, the department is exempt from the requirements of
Section 1798.18 of the Civil Code if compliance would cause a delay
in providing an expedited response to the child protective agency's
inquiry and if further delay in placement may be detrimental to the
child.
   (d) The department shall make available any information maintained
pursuant to subdivision (a) to out-of-state law enforcement agencies
conducting investigations of known or suspected child abuse or
neglect only when an agency makes the request for information in
writing and on official letterhead, or as designated by the
department, identifying the suspected abuser or victim by name and
date of birth or approximate age. The request shall be signed by the
department supervisor of the requesting law enforcement agency. The
written requests shall cite the out-of-state statute or interstate
compact provision that requires that the information contained within
these reports shall be disclosed only to law enforcement,
prosecutorial entities, or multidisciplinary investigative teams, and
shall cite the criminal penalties for unlawful disclosure of any
confidential information provided by the requesting state or the
applicable interstate compact provision. In the absence of a
specified out-of-state statute or interstate compact provision that
requires that the information contained within these reports shall be
disclosed only to law enforcement, prosecutorial entities, or
multidisciplinary investigative teams, and criminal penalties
equivalent to the penalties in California for unlawful disclosure,
access shall be denied.
   (e) (1) The department shall make available to an out-of-state
agency, for purposes of approving a prospective foster or adoptive
parent or relative caregiver for placement of a child, information
regarding a known or suspected child abuser maintained pursuant to
subdivision (a) concerning the prospective foster or adoptive parent
or relative caregiver, and any other adult living in the home of the
prospective foster or adoptive parent or relative caregiver. The
department shall make that information available only when the
out-of-state agency makes the request for information in writing on
official letterhead, transmitted either by mail, fax, or electronic
transmission or as designated by the department. The request shall
identify the prospective foster or adoptive parent or relative
caregiver, and any other adult living in the home, by name and date
of birth or approximate age. The request shall cite the out-of-state
statute or interstate compact provision that requires that the
information received in response to the inquiry shall be disclosed
and used for no purpose other than conducting background checks in
foster or adoptive cases. The request shall also cite the criminal
penalties for unlawful disclosure of any information provided by the
requesting state or the applicable interstate compact provision. In
the absence of an out-of-state statute or interstate compact
provision that requires that the information shall be used for no
purpose other than conducting background checks in foster or adoptive
cases and criminal penalties equivalent to the penalties in
California for unlawful disclosure, access shall be denied.
   (2) With respect to any information provided by the department in
response to the out-of-state agency's request, the out-of-state
agency is responsible for obtaining the original investigative report
from the reporting agency, and for drawing independent conclusions
regarding the quality of the evidence disclosed and its sufficiency
for making decisions regarding the approval of prospective foster or
adoptive parents or relative caregivers.
   (3) (A) Whenever information contained in the index is furnished
pursuant to this subdivision, the department shall charge the
out-of-state agency making the request a fee. The fee shall not
exceed the reasonable costs to the department of providing the
information. The only increase shall be at a rate not to exceed the
legislatively approved cost-of-living adjustment for the department.
In no case shall the fee exceed fifteen dollars ($15).
   (B) All moneys received by the department pursuant to this
subdivision shall be deposited in the Department of Justice Child
Abuse Fund, established under subparagraph (B) of paragraph 
(9)   (10)  of subdivision (b). Moneys in the fund
shall be available, upon appropriation by the Legislature, for
expenditure by the department to offset the costs incurred to process
requests for information pursuant to this subdivision.
   (f) (1) Any person may determine if he or she is listed in the
Child Abuse Central Index by making a request in writing to the
Department of Justice. The request shall be notarized and include the
person's name, address, date of birth, and either a social security
number or a California identification number. Upon receipt of a
notarized request, the Department of Justice shall make available to
the requesting person information identifying the date of the report
and the submitting agency. The requesting person is responsible for
obtaining the investigative report from the submitting agency
pursuant to paragraph (11) of subdivision (b) of Section 11167.5.
   (2) No person or agency shall require or request another person to
furnish a copy of a record concerning himself or herself, or
notification that a record concerning himself or herself exists or
does not exist, pursuant to paragraph (1) of this subdivision.
   (g) If a person is listed in the Child Abuse Central Index only as
a victim of child abuse or neglect, and that person is 18 years of
age or older, that person may have his or her name removed from the
index by making a written request to the Department of Justice. The
request shall be notarized and include the person's name, address,
social security number, and date of birth. 
   (h) (1) If a person is listed in the Child Abuse Central Index as
a suspect in a child abuse or neglect investigation due to an
incident that occurred when the person was under 18 years of age, and
the incident did not result in a delinquency adjudication or
criminal conviction, that person may make a written request to the
Department of Justice to have his or her name removed from the index
as a suspect with respect to that incident. The request shall be
notarized and include the person's name, address, social security
number, and date of birth. Upon receipt of the request, the
department shall inquire of the submitting agency whether the
incident resulted in a delinquency adjudication or criminal
conviction. Unless the submitting agency responds to the department
in the affirmative within 30 days, the department shall remove the
person's name from the index as the person suspected in that
incident.  
   (2) If a person is listed in the index as a suspect with respect
to more than one reported incident, the process set forth in
paragraph (1) shall be followed with respect to each incident for
which the person wishes to have his or her name removed from the
index. 
   SEC. 2.1.    Section 11170 of the   Penal
Code   is amended to read: 
   11170.  (a) (1) The Department of Justice shall maintain an index
of all reports of child abuse and severe neglect submitted pursuant
to Section 11169. The index shall be continually updated by the
department and shall not contain any reports that are determined to
be unfounded. The department may adopt rules governing recordkeeping
and reporting pursuant to this article.
   (2) The department shall act only as a repository of reports of
suspected child abuse and severe neglect to be maintained in the
Child Abuse Central Index pursuant to paragraph (1). The submitting
agencies are responsible for the accuracy, completeness, and
retention of the reports described in this section. The department
shall be responsible for ensuring that the Child Abuse Central Index
accurately reflects the report it receives from the submitting
agency.
   (3) Information from an inconclusive or unsubstantiated report
filed pursuant to subdivision (a) of Section 11169 shall be deleted
from the Child Abuse Central Index after 10 years if no subsequent
report concerning the same suspected child abuser is received within
that time period.  If the suspected child abuser was a minor at
the time of the report, the information shall be deleted after five
years if no subsequent report concerning the same suspected child
abuser is received within that time period.  If a subsequent
report is received within  that 10-year period  
the 10-year period for adult child abuse suspects or the five-year
period for child abuse suspects who were themselves minors at the
time of the report  , information from any prior report, as well
as any subsequently filed report, shall be maintained on the Child
Abuse Central Index for a period of 10 years from the time the most
recent report is received by the department.
   (b) (1) The Department of Justice shall immediately notify an
agency that submits a report pursuant to Section 11169, or a
prosecutor who requests notification, of any information maintained
pursuant to subdivision (a) that is relevant to the known or
suspected instance of child abuse or severe neglect reported by the
agency. The agency shall make that information available to the
reporting medical practitioner, child custodian, guardian ad litem
appointed under Section 326, or counsel appointed under Section 317
or 318 of the Welfare and Institutions Code, or the appropriate
licensing agency, if he or she is treating or investigating a case of
known or suspected child abuse or severe neglect.
   (2) When a report is made pursuant to subdivision (a) of Section
11166, or Section 11166.05, the investigating agency, upon completion
of the investigation or after there has been a final disposition in
the matter, shall inform the person required or authorized to report
 ,  of the results of the investigation and of any
action the agency is taking with regard to the child or family.
   (3) The Department of Justice shall make available to a law
enforcement agency, county welfare department, or county probation
department that is conducting a child abuse investigation  ,
 relevant information contained in the index.
   (4) The department shall make available to the State Department of
Social Services, or to any county licensing agency that has
contracted with the state for the performance of licensing duties, or
to a tribal court or tribal child welfare agency of a tribe or
consortium of tribes that has entered into an agreement with the
state pursuant to Section 10553.1 of the Welfare and Institutions
Code, information regarding a known or suspected child abuser
maintained pursuant to this section and subdivision (a) of Section
11169 concerning any person who is an applicant for licensure or any
adult who resides or is employed in the home of an applicant for
licensure or who is an applicant for employment in a position having
supervisorial or disciplinary power over a child or children, or who
will provide 24-hour care for a child or children in a residential
home or facility, pursuant to Section 1522.1 or 1596.877 of the
Health and Safety Code, or Section 8714, 8802, 8912, or 9000 of the
Family Code.
   (5) The Department of Justice shall make available to a 
Court Appointed   Court-Appointed  Special Advocate
program that is conducting a background investigation of an
applicant seeking employment with the program or a volunteer position
as a  Court Appointed   Court-Appointed 
Special Advocate, as defined in Section 101 of the Welfare and
Institutions Code, information contained in the index regarding known
or suspected child abuse by the applicant.
   (6) For purposes of child death review, the Department of Justice
shall make available to the chairperson, or the chairperson's
designee, for each county child death review team, or the State Child
Death Review Council, information maintained in the Child Abuse
Central Index pursuant to subdivision (a) of Section 11170 relating
to the death of one or more children and any prior child abuse or
neglect investigation reports maintained involving the same victims,
siblings, or suspects. Local child death review teams may share any
relevant information regarding case reviews involving child death
with other child death review teams.
   (7) The department shall make available to investigative agencies
or probation officers, or court investigators acting pursuant to
Section 1513 of the Probate Code, responsible for placing children or
assessing the possible placement of children pursuant to Article 6
(commencing with Section 300), Article 7 (commencing with Section
305), Article 10 (commencing with Section 360), or Article 14
(commencing with Section 601) of Chapter 2 of Part 1 of Division 2 of
the Welfare and Institutions Code, Article 2 (commencing with
Section 1510) or Article 3 (commencing with Section 1540) of Chapter
1 of Part 2 of Division 4 of the Probate Code, information regarding
a known or suspected child abuser contained in the index concerning
any adult residing in the home where the child may be placed, when
this information is requested for purposes of ensuring that the
placement is in the best interests of the child. Upon receipt of
relevant information concerning child abuse or neglect investigation
reports contained in the index from the Department of Justice
pursuant to this subdivision, the agency or court investigator shall
notify, in writing, the person listed in the Child Abuse Central
Index that he or she is in the index. The notification shall include
the name of the reporting agency and the date of the report.
   (8) The Department of Justice shall make available to a government
agency conducting a background investigation pursuant to Section
1031 of the Government Code of an applicant seeking employment as a
peace officer, as defined in Section 830, information regarding a
known or suspected child abuser maintained pursuant to this section
concerning the applicant. 
   (9) The Department of Justice shall make available to a county
child welfare agency or delegated county adoption agency, as defined
in Section 8515 of the Family Code, conducting a background
investigation, or a government agency conducting a background
investigation on behalf of one of those agencies, information
regarding a known or suspected child abuser maintained pursuant to
this section and subdivision (a) of Section 11169 concerning any
applicant seeking employment or volunteer status with the agency who,
in the course of his or her employment or volunteer work, will have
direct contact with children who are alleged to have been, are at
risk of, or have suffered, abuse or neglect.  
   (9) 
    (10)  (A) Persons or agencies, as specified in
subdivision (b), if investigating a case of known or suspected child
abuse or neglect, or the State Department of Social Services or any
county licensing agency pursuant to paragraph (4), or a Court
Appointed Special Advocate program conducting a background
investigation for employment or volunteer candidates pursuant to
paragraph (5), or an investigative agency, probation officer, or
court investigator responsible for placing children or assessing the
possible placement of children pursuant to paragraph (7), or a
government agency conducting a background investigation of an
applicant seeking employment as a peace officer pursuant to paragraph
(8),  or a county child welfare agency or delegated county
adoption agency conducting a background investigation of an applicant
seeking employment or volunteer status who, in the course of his or
her employment or volunteer work will have di   rect contact
with children who are alleged to have been, are at risk of, or have
suffered, abuse or neglect, pursuant to paragraph (9),  to whom
disclosure of any information maintained pursuant to subdivision (a)
is authorized, are responsible for obtaining the original
investigative report from the reporting agency, and for drawing
independent conclusions regarding the quality of the evidence
disclosed, and its sufficiency for making decisions regarding
investigation, prosecution, licensing, placement of a child,
employment or volunteer positions with a CASA program, or employment
as a peace officer.
   (B) If Child Abuse Central Index information is requested by an
agency for the temporary placement of a child in an emergency
situation pursuant to Article 7 (commencing with Section 305) of
Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions
Code, the department is exempt from the requirements of Section
1798.18 of the Civil Code if compliance would cause a delay in
providing an expedited response to the agency's inquiry and if
further delay in placement may be detrimental to the child. 
   (10) 
    (11)  (A) Whenever information contained in the
Department of Justice files is furnished as the result of an
application for employment or licensing  or volunteer status
 pursuant to paragraph (4), (5), or  (8)  
(9)  , the Department of Justice may charge the person or entity
making the request a fee. The fee shall not exceed the reasonable
costs to the department of providing the information. The only
increase shall be at a rate not to exceed the legislatively approved
cost-of-living adjustment for the department. In no case shall the
fee exceed fifteen dollars ($15).
   (B) All moneys received by the department pursuant to this section
to process trustline applications for purposes of Chapter 3.35
(commencing with Section 1596.60) of Division 2 of the Health and
Safety Code shall be deposited in a special account in the General
Fund that is hereby established and named the Department of Justice
Child Abuse Fund. Moneys in the fund shall be available, upon
appropriation by the Legislature, for expenditure by the department
to offset the costs incurred to process trustline automated child
abuse or neglect system checks pursuant to this section.
   (C) All moneys, other than that described in subparagraph (B),
received by the department pursuant to this paragraph shall be
deposited in a special account in the General Fund which is hereby
created and named the Department of Justice Sexual Habitual Offender
Fund. The funds shall be available, upon appropriation by the
Legislature, for expenditure by the department to offset the costs
incurred pursuant to Chapter 9.5 (commencing with Section 13885) and
Chapter 10 (commencing with Section 13890) of Title 6 of Part 4, and
the DNA and Forensic Identification Data Base and Data Bank Act of
1998 (Chapter 6 (commencing with Section 295) of Title 9 of Part 1),
and for maintenance and improvements to the statewide Sexual Habitual
Offender Program and the California DNA offender identification file
(CAL-DNA) authorized by Chapter 9.5 (commencing with Section 13885)
of Title 6 of Part 4 and the DNA and Forensic Identification Data
Base and Data Bank Act of 1998 (Chapter 6 (commencing with Section
295) of Title 9 of Part 1).
   (c) The Department of Justice shall make available to any agency
responsible for placing children pursuant to Article 7 (commencing
with Section 305) of Chapter 2 of Part 1 of Division 2 of the Welfare
and Institutions Code, upon request, relevant information concerning
child abuse or neglect reports contained in the index, when making a
placement with a responsible relative pursuant to Sections 281.5,
305, and 361.3 of the Welfare and Institutions Code. Upon receipt of
relevant information concerning child abuse or neglect reports
contained in the index from the Department of Justice pursuant to
this subdivision, the agency shall also notify in writing the person
listed in the Child Abuse Central Index that he or she is in the
index. The notification shall include the location of the original
investigative report and the submitting agency. The notification
shall be submitted to the person listed at the same time that all
other parties are notified of the information, and no later than the
actual judicial proceeding that determines placement.

If Child Abuse Central Index information is requested by an agency
for the placement of a child with a responsible relative in an
emergency situation pursuant to Article 7 (commencing with Section
305) of Chapter 2 of Part 1 of Division 2 of the Welfare and
Institutions Code, the department is exempt from the requirements of
Section 1798.18 of the Civil Code if compliance would cause a delay
in providing an expedited response to the child protective agency's
inquiry and if further delay in placement may be detrimental to the
child.
   (d) The department shall make available any information maintained
pursuant to subdivision (a) to out-of-state law enforcement agencies
conducting investigations of known or suspected child abuse or
neglect only when an agency makes the request for information in
writing and on official letterhead, or as designated by the
department, identifying the suspected abuser or victim by name and
date of birth or approximate age. The request shall be signed by the
department supervisor of the requesting law enforcement agency. The
written requests shall cite the out-of-state statute or interstate
compact provision that requires that the information contained within
these reports shall be disclosed only to law enforcement,
prosecutorial entities, or multidisciplinary investigative teams, and
shall cite the criminal penalties for unlawful disclosure of any
confidential information provided by the requesting state or the
applicable interstate compact provision. In the absence of a
specified out-of-state statute or interstate compact provision that
requires that the information contained within these reports shall be
disclosed only to law enforcement, prosecutorial entities, or
multidisciplinary investigative teams, and criminal penalties
equivalent to the penalties in California for unlawful disclosure,
access shall be denied.
   (e) (1) The department shall make available to an out-of-state
agency, for purposes of approving a prospective foster or adoptive
parent or relative caregiver for placement of a child, information
regarding a known or suspected child abuser maintained pursuant to
subdivision (a) concerning the prospective foster or adoptive parent
or relative caregiver, and any other adult living in the home of the
prospective foster or adoptive parent or relative caregiver. The
department shall make that information available only when the
out-of-state agency makes the request for information in writing on
official letterhead, transmitted either by mail,  fax
  facsimile  , or electronic transmission or as
designated by the department. The request shall identify the
prospective foster or adoptive parent or relative caregiver, and any
other adult living in the home, by name and date of birth or
approximate age. The request shall cite the out-of-state statute or
interstate compact provision that requires that the information
received in response to the inquiry shall be disclosed and used for
no purpose other than conducting background checks in foster or
adoptive cases. The request shall also cite the criminal penalties
for unlawful disclosure of any information provided by the requesting
state or the applicable interstate compact provision. In the absence
of an out-of-state statute or interstate compact provision that
requires that the information shall be used for no purpose other than
conducting background checks in foster or adoptive cases and
criminal penalties equivalent to the penalties in California for
unlawful disclosure, access shall be denied.
   (2) With respect to any information provided by the department in
response to the out-of-state agency's request, the out-of-state
agency is responsible for obtaining the original investigative report
from the reporting agency, and for drawing independent conclusions
regarding the quality of the evidence disclosed and its sufficiency
for making decisions regarding the approval of prospective foster or
adoptive parents or relative caregivers.
   (3) (A) Whenever information contained in the index is furnished
pursuant to this subdivision, the department shall charge the
out-of-state agency making the request a fee. The fee shall not
exceed the reasonable costs to the department of providing the
information. The only increase shall be at a rate not to exceed the
legislatively approved cost-of-living adjustment for the department.
In no case shall the fee exceed fifteen dollars ($15).
   (B) All moneys received by the department pursuant to this
subdivision shall be deposited in the Department of Justice Child
Abuse Fund, established under subparagraph (B) of paragraph
(9)   (11)  of subdivision (b). Moneys in the fund
shall be available, upon appropriation by the Legislature, for
expenditure by the department to offset the costs incurred to process
requests for information pursuant to this subdivision.
   (f) (1) Any person may determine if he or she is listed in the
Child Abuse Central Index by making a request in writing to the
Department of Justice. The request shall be notarized and include the
person's name, address, date of birth, and either a social security
number or a California identification number. Upon receipt of a
notarized request, the Department of Justice shall make available to
the requesting person information identifying the date of the report
and the submitting agency. The requesting person is responsible for
obtaining the investigative report from the submitting agency
pursuant to paragraph (11) of subdivision (b) of Section 11167.5.
   (2) No person or agency shall require or request another person to
furnish a copy of a record concerning himself or herself, or
notification that a record concerning himself or herself exists or
does not exist, pursuant to paragraph (1) of this subdivision.
   (g) If a person is listed in the Child Abuse Central Index only as
a victim of child abuse or neglect, and that person is 18 years of
age or older, that person may have his or her name removed from the
index by making a written request to the Department of Justice. The
request shall be notarized and include the person's name, address,
social security number, and date of birth. 
   (h) (1) If a person is listed in the Child Abuse Central Index as
a suspect in a child abuse or neglect investigation due to an
incident that occurred when the person was under 18 years of age, and
the incident did not result in a delinquency adjudication or
criminal conviction, that person may make a written request to the
Department of Justice to have his or her name removed from the index
as a suspect with respect to that incident. The request shall be
notarized and include the person's name, address, social security
number, and date of birth. Upon receipt of the request, the
department shall inquire of the submitting agency whether the
incident resulted in a delinquency adjudication or criminal
conviction. Unless the submitting agency responds to the department
in the affirmative within 30 days, the department shall remove the
person's name from the index as the person suspected in that
incident.  
   (2) If a person is listed in the index as a suspect with respect
to more than one reported incident, the process set forth in
paragraph (1) shall be followed with respect to each incident for
which the person wishes to have his or her name removed from the
index. 
   SEC. 2.2.    Section 11170 of the   Penal
Code   is amended to read: 
   11170.  (a) (1) The Department of Justice shall maintain an index
of all reports of child abuse and severe neglect submitted pursuant
to Section 11169. The index shall be continually updated by the
department and shall not contain any reports that are determined to
be unfounded. The department may adopt rules governing recordkeeping
and reporting pursuant to this article.
   (2) The department shall act only as a repository of reports of
suspected child abuse and severe neglect to be maintained in the
Child Abuse Central Index pursuant to paragraph (1). The submitting
agencies are responsible for the accuracy, completeness, and
retention of the reports described in this section. The department
shall be responsible for ensuring that the Child Abuse Central Index
accurately reflects the report it receives from the submitting
agency.
   (3) Information from an inconclusive or unsubstantiated report
filed pursuant to subdivision (a) of Section 11169 shall be deleted
from the Child Abuse Central Index after 10 years if no subsequent
report concerning the same suspected child abuser is received within
that time period.  If the suspected child abuser was a min 
 or at the time of the report, the information shall be deleted
after five years if no subsequent report concerning the same
suspected child abuser is received within that time period.  If
a subsequent report is received within  that 10-year period
  the 10-year period for adult child abuse suspects or
the five-year period for child abuse suspects who were themselves
minors at the time of the report  , information from any prior
report, as well as any subsequently filed report, shall be maintained
on the Child Abuse Central Index for a period of 10 years from the
time the most recent report is received by the department.
   (b) (1) The Department of Justice shall immediately notify an
agency that submits a report pursuant to Section 11169, or a
prosecutor who requests notification, of any information maintained
pursuant to subdivision (a) that is relevant to the known or
suspected instance of child abuse or severe neglect reported by the
agency. The agency shall make that information available to the
reporting medical practitioner, child custodian, guardian ad litem
appointed under Section 326, or counsel appointed under Section 317
or 318 of the Welfare and Institutions Code, or the appropriate
licensing agency, if he or she is treating or investigating a case of
known or suspected child abuse or severe neglect.
   (2) When a report is made pursuant to subdivision (a) of Section
11166, or Section 11166.05, the investigating agency, upon completion
of the investigation or after there has been a final disposition in
the matter, shall inform the person required or authorized to report
 ,  of the results of the investigation and of any
action the agency is taking with regard to the child or family.
   (3) The Department of Justice shall make available to a law
enforcement agency, county welfare department, or county probation
department that is conducting a child abuse investigation  ,
 relevant information contained in the index.
   (4) The department shall make available to the State Department of
Social Services, or to any county licensing agency that has
contracted with the state for the performance of licensing duties, or
to a tribal court or tribal child welfare agency of a tribe or
consortium of tribes that has entered into an agreement with the
state pursuant to Section 10553.1 of the Welfare and Institutions
Code, information regarding a known or suspected child abuser
maintained pursuant to this section and subdivision (a) of Section
11169 concerning any person who is an applicant for licensure or any
adult who resides or is employed in the home of an applicant for
licensure or who is an applicant for employment in a position having
supervisorial or disciplinary power over a child or children, or who
will provide 24-hour care for a child or children in a residential
home or facility, pursuant to Section 1522.1 or 1596.877 of the
Health and Safety Code, or Section 8714, 8802, 8912, or 9000 of the
Family Code.
   (5) The Department of Justice shall make available to a 
Court Appointed   Court-Appointed  Special Advocate
program that is conducting a background investigation of an
applicant seeking employment with the program or a volunteer position
as a  Court Appointed   Court-Appointed 
Special Advocate, as defined in Section 101 of the Welfare and
Institutions Code, information contained in the index regarding known
or suspected child abuse by the applicant.
   (6) For purposes of child death review, the Department of Justice
shall make available to the chairperson, or the chairperson's
designee, for each county child death review team, or the State Child
Death Review Council, information maintained in the Child Abuse
Central Index pursuant to subdivision (a) of Section 11170 relating
to the death of one or more children and any prior child abuse or
neglect investigation reports maintained involving the same victims,
siblings, or suspects. Local child death review teams may share any
relevant information regarding case reviews involving child death
with other child death review teams.
   (7) The department shall make available to investigative agencies
or probation officers, or court investigators acting pursuant to
Section 1513 of the Probate Code, responsible for placing children or
assessing the possible placement of children pursuant to Article 6
(commencing with Section 300), Article 7 (commencing with Section
305), Article 10 (commencing with Section 360), or Article 14
(commencing with Section 601) of Chapter 2 of Part 1 of Division 2 of
the Welfare and Institutions Code, Article 2 (commencing with
Section 1510) or Article 3 (commencing with Section 1540) of Chapter
1 of Part 2 of Division 4 of the Probate Code, information regarding
a known or suspected child abuser contained in the index concerning
any adult residing in the home where the child may be placed, when
this information is requested for purposes of ensuring that the
placement is in the best  interests   interest
 of the child. Upon receipt of relevant information concerning
child abuse or neglect investigation reports contained in the index
from the Department of Justice pursuant to this subdivision, the
agency or court investigator shall notify, in writing, the person
listed in the Child Abuse Central Index that he or she is in the
index. The notification shall include the name of the reporting
agency and the date of the report.
   (8) The Department of Justice shall make available to a government
agency conducting a background investigation pursuant to Section
1031 of the Government Code of an applicant seeking employment as a
peace officer, as defined in Section 830, information regarding a
known or suspected child abuser maintained pursuant to this section
concerning the applicant.
   (9) (A) Persons or agencies, as specified in subdivision (b), if
investigating a case of known or suspected child abuse or neglect, or
the State Department of Social Services or any county licensing
agency pursuant to paragraph (4), or a Court Appointed Special
Advocate program conducting a background investigation for employment
or volunteer candidates pursuant to paragraph (5), or an
investigative agency, probation officer, or court investigator
responsible for placing children or assessing the possible placement
of children pursuant to paragraph (7), or a government agency
conducting a background investigation of an applicant seeking
employment as a peace officer pursuant to paragraph (8), to whom
disclosure of any information maintained pursuant to subdivision (a)
is authorized, are responsible for obtaining the original
investigative report from the reporting agency, and for drawing
independent conclusions regarding the quality of the evidence
disclosed, and its sufficiency for making decisions regarding
investigation, prosecution, licensing, placement of a child,
employment or volunteer positions with a CASA program, or employment
as a peace officer.
   (B) If Child Abuse Central Index information is requested by an
agency for the temporary placement of a child in an emergency
situation pursuant to Article 7 (commencing with Section 305) of
Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions
Code, the department is exempt from the requirements of Section
1798.18 of the Civil Code if compliance would cause a delay in
providing an expedited response to the agency's inquiry and if
further delay in placement may be detrimental to the child.
   (10) (A) Whenever information contained in the Department of
Justice files is furnished as the result of an application for
employment or licensing pursuant to paragraph (4), (5), or (8), the
Department of Justice may charge the person or entity making the
request a fee. The fee shall not exceed the reasonable costs to the
department of providing the information. The only increase shall be
at a rate not to exceed the legislatively approved cost-of-living
adjustment for the department. In no case shall the fee exceed
fifteen dollars ($15).
   (B) All moneys received by the department pursuant to this section
to process trustline applications for purposes of Chapter 3.35
(commencing with Section 1596.60) of Division 2 of the Health and
Safety Code shall be deposited in a special account in the General
Fund that is hereby established and named the Department of Justice
Child Abuse Fund. Moneys in the fund shall be available, upon
appropriation by the Legislature, for expenditure by the department
to offset the costs incurred to process trustline automated child
abuse or neglect system checks pursuant to this section.
   (C) All moneys, other than that described in subparagraph (B),
received by the department pursuant to this paragraph shall be
deposited in a special account in the General Fund which is hereby
created and named the Department of Justice Sexual Habitual Offender
Fund. The funds shall be available, upon appropriation by the
Legislature, for expenditure by the department to offset the costs
incurred pursuant to Chapter 9.5 (commencing with Section 13885) and
Chapter 10 (commencing with Section 13890) of Title 6 of Part 4, and
the DNA and Forensic Identification Data Base and Data Bank Act of
1998 (Chapter 6 (commencing with Section 295) of Title 9 of Part 1),
and for maintenance and improvements to the statewide Sexual Habitual
Offender Program and the California DNA offender identification file
(CAL-DNA) authorized by Chapter 9.5 (commencing with Section 13885)
of Title 6 of Part 4 and the DNA and Forensic Identification Data
Base and Data Bank Act of 1998 (Chapter 6 (commencing with Section
295) of Title 9 of Part 1).
   (c) The Department of Justice shall make available to any agency
responsible for placing children pursuant to Article 7 (commencing
with Section 305) of Chapter 2 of Part 1 of Division 2 of the Welfare
and Institutions Code, upon request, relevant information concerning
child abuse or neglect reports contained in the index, when making a
placement with a responsible relative pursuant to Sections 281.5,
305, and 361.3 of the Welfare and Institutions Code. Upon receipt of
relevant information concerning child abuse or neglect reports
contained in the index from the Department of Justice pursuant to
this subdivision, the agency shall also notify in writing the person
listed in the Child Abuse Central Index that he or she is in the
index. The notification shall include the location of the original
investigative report and the submitting agency. The notification
shall be submitted to the person listed at the same time that all
other parties are notified of the information, and no later than the
actual judicial proceeding that determines placement.
   If Child Abuse Central Index information is requested by an agency
for the placement of a child with a responsible relative in an
emergency situation pursuant to Article 7 (commencing with Section
305) of Chapter 2 of Part 1 of Division 2 of the Welfare and
Institutions Code, the department is exempt from the requirements of
Section 1798.18 of the Civil Code if compliance would cause a delay
in providing an expedited response to the child protective agency's
inquiry and if further delay in placement may be detrimental to the
child.
   (d) The department shall make available any information maintained
pursuant to subdivision (a) to out-of-state law enforcement agencies
conducting investigations of known or suspected child abuse or
neglect only when an agency makes the request for information in
writing and on official letterhead, or as designated by the
department, identifying the suspected abuser or victim by name and
date of birth or approximate age. The request shall be signed by the
department supervisor of the requesting law enforcement agency. The
written requests shall cite the out-of-state statute or interstate
compact provision that requires that the information contained within
these reports shall be disclosed only to law enforcement,
prosecutorial entities, or multidisciplinary investigative teams, and
shall cite the  criminal penalties for  
safeguards in place to prevent the  unlawful disclosure of any
confidential information provided by the requesting state or the
applicable interstate compact provision.  In the absence of a
specified out-of-state statute or interstate compact provision that
requires that the information contained within these reports shall be
disclosed only to law enforcement, prosecutorial entities, or
multidisciplinary investigative teams, and criminal penalties
equivalent to the penalties in California for unlawful disclosure,
access shall be denied. 
   (e) (1) The department shall make available to an out-of-state
agency, for purposes of approving a prospective foster or adoptive
parent  or relative caregiver for placement of a child,
  in compliance with the Adam Walsh Child Protection and
Safety Act of 2006 (Public Law 109-248),  information regarding
a known or suspected child abuser maintained pursuant to subdivision
(a) concerning the prospective foster or adoptive parent  or
relative caregiver  , and any other adult living in the
home of the prospective foster or adoptive parent  or
relative caregiver  . The department shall make that
information available only when the out-of-state agency makes the
request for information in writing on official letterhead,
transmitted either by mail, fax, or electronic transmission or as
designated by the department. The request shall identify the
prospective foster or adoptive parent or relative caregiver, and any
other adult living in the home, by name and date of birth or
approximate age. The request shall cite the out-of-state statute or
interstate compact provision that requires that the information
received in response to the inquiry shall be disclosed and used for
no purpose other than conducting background checks in foster or
adoptive cases. The request shall also cite the criminal penalties
for unlawful disclosure of any information provided by the requesting
state or the applicable interstate compact provision. In the absence
of an out-of-state statute or interstate compact provision that
requires that the information shall be used for no purpose other than
conducting background checks in foster or adoptive cases and
criminal penalties equivalent to the penalties in California for
unlawful disclosure, access shall be denied   indicating
that continual compliance will be maintained with the requirement in
paragraph (20) of subdivision (a) of Section 671 of Title 42 of the
United States Code that   requires the state to have in
place safeguards to prevent the unauthorized disclosure of
information in any child abuse and neglect registry maintained by the
state and prevent the information from being used for a purpose
other than the conducting of background checks in foster or adoption
placement cases  .
   (2) With respect to any information provided by the department in
response to the out-of-state agency's request, the out-of-state
agency is responsible for obtaining the original investigative report
from the reporting agency, and for drawing independent conclusions
regarding the quality of the evidence disclosed and its sufficiency
for making decisions regarding the approval of prospective foster or
adoptive parents  or relative caregivers  .
   (3) (A) Whenever information contained in the index is furnished
pursuant to this subdivision, the department shall charge the
out-of-state agency making the request a fee. The fee shall not
exceed the reasonable costs to the department of providing the
information. The only increase shall be at a rate not to exceed the
legislatively approved cost-of-living adjustment for the department.
In no case shall the fee exceed fifteen dollars ($15).
   (B) All moneys received by the department pursuant to this
subdivision shall be deposited in the Department of Justice Child
Abuse Fund, established under subparagraph (B) of paragraph 
(9)   (10)  of subdivision (b). Moneys in the fund
shall be available, upon appropriation by the Legislature, for
expenditure by the department to offset the costs incurred to process
requests for information pursuant to this subdivision.
   (f) (1) Any person may determine if he or she is listed in the
Child Abuse Central Index by making a request in writing to the
Department of Justice. The request shall be notarized and include the
person's name, address, date of birth, and either a social security
number or a California identification number. Upon receipt of a
notarized request, the Department of Justice shall make available to
the requesting person information identifying the date of the report
and the submitting agency. The requesting person is responsible for
obtaining the investigative report from the submitting agency
pursuant to paragraph (11) of subdivision (b) of Section 11167.5.
   (2) No person or agency shall require or request another person to
furnish a copy of a record concerning himself or herself, or
notification that a record concerning himself or herself exists or
does not exist, pursuant to paragraph (1) of this subdivision.
   (g) If a person is listed in the Child Abuse Central Index only as
a victim of child abuse or neglect, and that person is 18 years of
age or older, that person may have his or her name removed from the
index by making a written request to the Department of Justice. The
request shall be notarized and include the person's name, address,
social security number, and date of birth. 
   (h) (1) If a person is listed in the Child Abuse Central Index as
a suspect in a child abuse or neglect investigation due to an
incident that occurred when the person was under 18
                         years of age, and the incident did not
result in a delinquency adjudication or criminal conviction, that
person may make a written request to the Department of Justice to
have his or her name removed from the index as a suspect with respect
to that incident. The request shall be notarized and include the
person's name, address, social security number, and date of birth.
Upon receipt of the request, the department shall inquire of the
submitting agency whether the incident resulted in a delinquency
adjudication or criminal conviction. Unless the submitting agency
responds to the department in the affirmative within 30 days, the
department shall remove the person's name from the index as the
person suspected in that incident.  
   (2) If a person is listed in the index as a suspect with respect
to more than one reported incident, the process set forth in
paragraph (1) shall be followed with respect to each incident for
which the person wishes to have his or her name removed from the
index. 
   SEC. 2.3.    Section 11170 of the   Penal
Code   is amended to read: 
   11170.  (a) (1) The Department of Justice shall maintain an index
of all reports of child abuse and severe neglect submitted pursuant
to Section 11169. The index shall be continually updated by the
department and shall not contain any reports that are determined to
be unfounded. The department may adopt rules governing recordkeeping
and reporting pursuant to this article.
   (2) The department shall act only as a repository of reports of
suspected child abuse and severe neglect to be maintained in the
Child Abuse Central Index pursuant to paragraph (1). The submitting
agencies are responsible for the accuracy, completeness, and
retention of the reports described in this section. The department
shall be responsible for ensuring that the Child Abuse Central Index
accurately reflects the report it receives from the submitting
agency.
   (3) Information from an inconclusive or unsubstantiated report
filed pursuant to subdivision (a) of Section 11169 shall be deleted
from the Child Abuse Central Index after 10 years if no subsequent
report concerning the same suspected child abuser is received within
that time period.  If the suspected child abuser was a minor at
the time of the report, the information shall be deleted after five
years if no subsequent report concerning the same suspected child
abuser is received within that time period.  If a subsequent
report is received within  that 10-year period  
the 10-year period for adult child abuse suspects or the five-year
period for child abuse suspects who were themselves minors at the
time of the report  , information from any prior report, as well
as any subsequently filed report, shall be maintained on the Child
Abuse Central Index for a period of 10 years from the time the most
recent report is received by the department.
   (b) (1) The Department of Justice shall immediately notify an
agency that submits a report pursuant to Section 11169, or a
prosecutor who requests notification, of any information maintained
pursuant to subdivision (a) that is relevant to the known or
suspected instance of child abuse or severe neglect reported by the
agency. The agency shall make that information available to the
reporting medical practitioner, child custodian, guardian ad litem
appointed under Section 326, or counsel appointed under Section 317
or 318 of the Welfare and Institutions Code, or the appropriate
licensing agency, if he or she is treating or investigating a case of
known or suspected child abuse or severe neglect.
   (2) When a report is made pursuant to subdivision (a) of Section
11166, or Section 11166.05, the investigating agency, upon completion
of the investigation or after there has been a final disposition in
the matter, shall inform the person required or authorized to report
 ,  of the results of the investigation and of any
action the agency is taking with regard to the child or family.
   (3) The Department of Justice shall make available to a law
enforcement agency, county welfare department, or county probation
department that is conducting a child abuse investigation  ,
 relevant information contained in the index.
   (4) The department shall make available to the State Department of
Social Services, or to any county licensing agency that has
contracted with the state for the performance of licensing duties, or
to a tribal court or tribal child welfare agency of a tribe or
consortium of tribes that has entered into an agreement with the
state pursuant to Section 10553.1 of the Welfare and Institutions
Code, information regarding a known or suspected child abuser
maintained pursuant to this section and subdivision (a) of Section
11169 concerning any person who is an applicant for licensure or any
adult who resides or is employed in the home of an applicant for
licensure or who is an applicant for employment in a position having
supervisorial or disciplinary power over a child or children, or who
will provide 24-hour care for a child or children in a residential
home or facility, pursuant to Section 1522.1 or 1596.877 of the
Health and Safety Code, or Section 8714, 8802, 8912, or 9000 of the
Family Code.
   (5) The Department of Justice shall make available to a 
Court Appointed   Court-Appointed  Special Advocate
program that is conducting a background investigation of an
applicant seeking employment with the program or a volunteer position
as a  Court Appointed   Court-Appointed
Special Advocate, as defined in Section 101 of the Welfare and
Institutions Code, information contained in the index regarding known
or suspected child abuse by the applicant.
   (6) For purposes of child death review, the Department of Justice
shall make available to the chairperson, or the chairperson's
designee, for each county child death review team, or the State Child
Death Review Council, information maintained in the Child Abuse
Central Index pursuant to subdivision (a) of Section 11170 relating
to the death of one or more children and any prior child abuse or
neglect investigation reports maintained involving the same victims,
siblings, or suspects. Local child death review teams may share any
relevant information regarding case reviews involving child death
with other child death review teams.
   (7) The department shall make available to investigative agencies
or probation officers, or court investigators acting pursuant to
Section 1513 of the Probate Code, responsible for placing children or
assessing the possible placement of children pursuant to Article 6
(commencing with Section 300), Article 7 (commencing with Section
305), Article 10 (commencing with Section 360), or Article 14
(commencing with Section 601) of Chapter 2 of Part 1 of Division 2 of
the Welfare and Institutions Code, Article 2 (commencing with
Section 1510) or Article 3 (commencing with Section 1540) of Chapter
1 of Part 2 of Division 4 of the Probate Code, information regarding
a known or suspected child abuser contained in the index concerning
any adult residing in the home where the child may be placed, when
this information is requested for purposes of ensuring that the
placement is in the best  interests   interest
 of the child. Upon receipt of relevant information concerning
child abuse or neglect investigation reports contained in the index
from the Department of Justice pursuant to this subdivision, the
agency or court investigator shall notify, in writing, the person
listed in the Child Abuse Central Index that he or she is in the
index. The notification shall include the name of the reporting
agency and the date of the report.
   (8) The Department of Justice shall make available to a government
agency conducting a background investigation pursuant to Section
1031 of the Government Code of an applicant seeking employment as a
peace officer, as defined in Section 830, information regarding a
known or suspected child abuser maintained pursuant to this section
concerning the applicant. 
   (9) The Department of Justice shall make available to a county
child welfare agency or delegated county adoption agency, as defined
in Section 8515 of the Family Code, conducting a background
investigation, or a government agency conducting a background
investigation on behalf of one of those agencies, information
regarding a known or suspected child abuser maintained pursuant to
this section and subdivision (a) of Section 11169 concerning any
applicant seeking employment or volunteer status with the agency who,
in the course of his or her employment or volunteer work, will have
direct contact with children who are alleged to have been, are at
risk of, or have suffered, abuse or neglect.  
   (9) 
    (10) (A) Persons or agencies, as specified in
subdivision (b), if investigating a case of known or suspected child
abuse or neglect, or the State Department of Social Services or any
county licensing agency pursuant to paragraph (4), or a Court
Appointed Special Advocate program conducting a background
investigation for employment or volunteer candidates pursuant to
paragraph (5), or an investigative agency, probation officer, or
court investigator responsible for placing children or assessing the
possible placement of children pursuant to paragraph (7), or a
government agency conducting a background investigation of an
applicant seeking employment as a peace officer pursuant to paragraph
(8),  or a county child welfare agency or delegated county
adoption agency conducting a background investigation of an applicant
seeking employment or volunteer status who, in the course of his or
her employment or volunteer work will have direct contact with
children who are alleged to have been, are at risk of, or have
suffered, abuse or neglect, pursuant to paragraph (9),  to whom
disclosure of any information maintained pursuant to subdivision (a)
is authorized, are responsible for obtaining the original
investigative report from the reporting agency, and for drawing
independent conclusions regarding the quality of the evidence
disclosed, and its sufficiency for making decisions regarding
investigation, prosecution, licensing, placement of a child,
employment or volunteer positions with a CASA program, or employment
as a peace officer.
   (B) If Child Abuse Central Index information is requested by an
agency for the temporary placement of a child in an emergency
situation pursuant to Article 7 (commencing with Section 305) of
Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions
Code, the department is exempt from the requirements of Section
1798.18 of the Civil Code if compliance would cause a delay in
providing an expedited response to the agency's inquiry and if
further delay in placement may be detrimental to the child. 
   (10) 
    (11)  (A) Whenever information contained in the
Department of Justice files is furnished as the result of an
application for employment or licensing  or volunteer status
 pursuant to paragraph (4), (5),  (8),  or  (8)
  (9)  , the Department of Justice may charge the
person or entity making the request a fee. The fee shall not exceed
the reasonable costs to the department of providing the information.
The only increase shall be at a rate not to exceed the legislatively
approved cost-of-living adjustment for the department. In no case
shall the fee exceed fifteen dollars ($15).
   (B) All moneys received by the department pursuant to this section
to process trustline applications for purposes of Chapter 3.35
(commencing with Section 1596.60) of Division 2 of the Health and
Safety Code shall be deposited in a special account in the General
Fund that is hereby established and named the Department of Justice
Child Abuse Fund. Moneys in the fund shall be available, upon
appropriation by the Legislature, for expenditure by the department
to offset the costs incurred to process trustline automated child
abuse or neglect system checks pursuant to this section.
   (C) All moneys, other than that described in subparagraph (B),
received by the department pursuant to this paragraph shall be
deposited in a special account in the General Fund which is hereby
created and named the Department of Justice Sexual Habitual Offender
Fund. The funds shall be available, upon appropriation by the
Legislature, for expenditure by the department to offset the costs
incurred pursuant to Chapter 9.5 (commencing with Section 13885) and
Chapter 10 (commencing with Section 13890) of Title 6 of Part 4, and
the DNA and Forensic Identification Data Base and Data Bank Act of
1998 (Chapter 6 (commencing with Section 295) of Title 9 of Part 1),
and for maintenance and improvements to the statewide Sexual Habitual
Offender Program and the California DNA offender identification file
(CAL-DNA) authorized by Chapter 9.5 (commencing with Section 13885)
of Title 6 of Part 4 and the DNA and Forensic Identification Data
Base and Data Bank Act of 1998 (Chapter 6 (commencing with Section
295) of Title 9 of Part 1).
   (c) The Department of Justice shall make available to any agency
responsible for placing children pursuant to Article 7 (commencing
with Section 305) of Chapter 2 of Part 1 of Division 2 of the Welfare
and Institutions Code, upon request, relevant information concerning
child abuse or neglect reports contained in the index, when making a
placement with a responsible relative pursuant to Sections 281.5,
305, and 361.3 of the Welfare and Institutions Code. Upon receipt of
relevant information concerning child abuse or neglect reports
contained in the index from the Department of Justice pursuant to
this subdivision, the agency shall also notify in writing the person
listed in the Child Abuse Central Index that he or she is in the
index. The notification shall include the location of the original
investigative report and the submitting agency. The notification
shall be submitted to the person listed at the same time that all
other parties are notified of the information, and no later than the
actual judicial proceeding that determines placement.
   If Child Abuse Central Index information is requested by an agency
for the placement of a child with a responsible relative in an
emergency situation pursuant to Article 7 (commencing with Section
305) of Chapter 2 of Part 1 of Division 2 of the Welfare and
Institutions Code, the department is exempt from the requirements of
Section 1798.18 of the Civil Code if compliance would cause a delay
in providing an expedited response to the child protective agency's
inquiry and if further delay in placement may be detrimental to the
child.
   (d) The department shall make available any information maintained
pursuant to subdivision (a) to out-of-state law enforcement agencies
conducting investigations of known or suspected child abuse or
neglect only when an agency makes the request for information in
writing and on official letterhead, or as designated by the
department, identifying the suspected abuser or victim by name and
date of birth or approximate age. The request shall be signed by the
department supervisor of the requesting law enforcement agency. The
written requests shall cite the out-of-state statute or interstate
compact provision that requires that the information contained within
these reports shall be disclosed only to law enforcement,
prosecutorial entities, or multidisciplinary investigative teams, and
shall cite the  criminal penalties for  
safeguards in place to prevent the  unlawful disclosure of any
confidential information provided by the requesting state or the
applicable interstate compact provision.  In the absence of a
specified out-of-state statute or interstate compact provision that
requires that the information contained within these reports shall be
disclosed only to law enforcement, prosecutorial entities, or
multidisciplinary investigative teams, and criminal penalties
equivalent to the penalties in California for unlawful disclosure,
access shall be denied. 
   (e) (1) The department shall make available to an out-of-state
agency, for purposes of approving a prospective foster or adoptive
parent  or relative caregiver for placement of a child,
  in compliance with the Adam Walsh Child Protection and
Safety Act of 2006 (Public Law 109-248),  information regarding
a known or suspected child abuser maintained pursuant to subdivision
(a) concerning the prospective foster or adoptive parent  or
relative caregiver  , and any other adult living in the
home of the prospective foster or adoptive parent  or
relative caregiver  . The department shall make that
information available only when the out-of-state agency makes the
request  for information in writing on official letterhead,
transmitted either by mail, fax, or electronic transmission or as
designated by the department. The request shall identify the
prospective foster or adoptive parent or relative caregiver, and any
other adult living in the home, by name and date of birth or
approximate age. The request shall cite the out-of-state statute or
interstate compact provision that requires that the information
received in response to the inquiry shall be disclosed and used for
no purpose other than conducting background checks in foster or
adoptive cases. The request shall also cite the criminal penalties
for unlawful disclosure of any information provided by the requesting
state or the applicable interstate compact provision. In the absence
of an out-of-state statute or interstate compact provision that
requires that the information shall be used for no purpose other than
conducting background checks in foster or adoptive cases and
criminal penalties equivalent to the penalties in California for
unlawful disclosure, access shall be denied   indicating
that continual compliance will be maintained with the requirement in
paragraph (20) of subdivision (a) of Section 671 of Title 42 of the
United States Code that   requires the state to have in
place safeguards to prevent the unauthorized disclosure of
information in any child abuse and neglect registry maintained by the
state and prevent the information from being used for a purpose
other than the conducting of background checks in foster or adoption
placement cases  .
   (2) With respect to any information provided by the department in
response to the out-of-state agency's request, the out-of-state
agency is responsible for obtaining the original investigative report
from the reporting agency, and for drawing independent conclusions
regarding the quality of the evidence disclosed and its sufficiency
for making decisions regarding the approval of prospective foster or
adoptive parents  or relative caregivers  .
   (3) (A) Whenever information contained in the index is furnished
pursuant to this subdivision, the department shall charge the
out-of-state agency making the request a fee. The fee shall not
exceed the reasonable costs to the department of providing the
information. The only increase shall be at a rate not to exceed the
legislatively approved cost-of-living adjustment for the department.
In no case shall the fee exceed fifteen dollars ($15).
   (B) All moneys received by the department pursuant to this
subdivision shall be deposited in the Department of Justice Child
Abuse Fund, established under subparagraph (B) of paragraph 
(9)   (11)  of subdivision (b). Moneys in the fund
shall be available, upon appropriation by the Legislature, for
expenditure by the department to offset the costs incurred to process
requests for information pursuant to this subdivision.
   (f) (1) Any person may determine if he or she is listed in the
Child Abuse Central Index by making a request in writing to the
Department of Justice. The request shall be notarized and include the
person's name, address, date of birth, and either a social security
number or a California identification number. Upon receipt of a
notarized request, the Department of Justice shall make available to
the requesting person information identifying the date of the report
and the submitting agency. The requesting person is responsible for
obtaining the investigative report from the submitting agency
pursuant to paragraph (11) of subdivision (b) of Section 11167.5.
   (2) No person or agency shall require or request another person to
furnish a copy of a record concerning himself or herself, or
notification that a record concerning himself or herself exists or
does not exist, pursuant to paragraph (1) of this subdivision.
   (g) If a person is listed in the Child Abuse Central Index only as
a victim of child abuse or neglect, and that person is 18 years of
age or older, that person may have his or her name removed from the
index by making a written request to the Department of Justice. The
request shall be notarized and include the person's name, address,
social security number, and date of birth. 
   (h) (1) If a person is listed in the Child Abuse Central Index as
a suspect in a child abuse or neglect investigation due to an
incident that occurred when the person was under 18 years of age, and
the incident did not result in a delinquency adjudication or
criminal conviction, that person may make a written request to the
Department of Justice to have his or her name removed from the index
as a suspect with respect to that incident. The request shall be
notarized and include the person's name, address, social security
number, and date of birth. Upon receipt of the request, the
department shall inquire of the submitting agency whether the
incident resulted in a delinquency adjudication or criminal
conviction. Unless the submitting agency responds to the department
in the affirmative within 30 days, the department shall remove the
person's name from the index as the person suspected in that
incident.  
   (2) If a person is listed in the index as a suspect with respect
to more than one reported incident, the process set forth in
paragraph (1) shall be followed with respect to each incident for
which the person wishes to have his or her name removed from the
index. 
   SEC. 3.    (a) Section 2.1 of this bill incorporates
amendments to Section 11170 of the Penal Code proposed by both this
bill and AB 2618. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2009, (2)
each bill amends Section 11170 of the Penal Code, and (3) AB 2651 is
not enacted or as enacted does not amend that section, and (4) this
bill is enacted after AB 2618, in which case Sections 2, 2.2, and 2.3
of this bill shall not become operative.  
   (b) Section 2.2 of this bill incorporates amendments to Section
11170 of the Penal Code proposed by both this bill and AB 2651. It
shall only become operative if (1) both bills are enacted and become
effective on or before January 1, 2009, (2) each bill amends Section
11170 of the Penal Code, (3) AB 2618 is not enacted or as enacted
does not amend that section, and (4) this bill is enacted after AB
2651 in which case Sections 2, 2.1, and 2.3 of this bill shall not
become operative.  
   (c) Section 2.3 of this bill incorporates amendments to Section
11170 of the Penal Code proposed by this bill, AB 2618, and AB 2651.
It shall only become operative if (1) all three bills are enacted and
become effective on or before January 1, 2009, (2) all three bills
amend Section 11170 of the Penal Code, and (3) this bill is enacted
after AB 2618 and AB 2651, in which case Sections 2, 2.1, and 2.2 of
this bill shall not become operative.