BILL ANALYSIS
SB 774
Page 1
Date of Hearing: August 19, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
SB 774 (Ashburn) - As Amended: July 14, 2009
Policy Committee: Human
ServicesVote:4 - 1
Public Safety 7 - 0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill requires county welfare departments to obtain
background clearances for employment applicants or transferees
within the county welfare department who have frequent contact
with children, and requires the county welfare director to
determine whether or not there is convincing evidence that the
person is of good character and should be allowed frequent and
direct contact with children. Specifically, this bill:
1)Requires applicants applying for, or transferring to, a
position with the county welfare department that involves
frequent and routine contact with children, if the prospective
employee will provide services to children who are alleged
victims of abuse, neglect, or exploitation, to sign a
declaration under penalty of perjury regarding any prior
criminal conviction and provide a set of fingerprints to the
county welfare director.
2)Requires the county welfare director, upon determination that
a prospective employee is otherwise qualified for the position
applied for, to obtain from the Department of Justice (DOJ) a
criminal background check to determine whether the prospective
employee has ever been convicted of a crime other than a minor
traffic violation.
3)Requires the DOJ to provide state and federal criminal
background information to the county welfare department upon
request. In addition, DOJ shall also send a copy of the
information to the applicant. The county shall request from
the DOJ subsequent arrest notification service, for persons
SB 774
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hired by the county for a position that includes frequent and
routine contact with children.
4)Permits a county to require a person to pay any fees charged
by the DOJ and an additional fee in an amount that shall not
exceed the costs to the county of administering this
subdivision.
FISCAL EFFECT
County representatives believe that it is unlikely that county
welfare departments will charge job applicants for the cost of
the background checks. In lieu of charging $100 to applicants,
it would cost counties in excess of $155,000 annually to process
the required background checks, assuming a 20% turnover among
county social workers each year.
COMMENTS
1)Purpose . This bill requires, rather than permits, a county to
secure from the DOJ a criminal record to determine if the
person has ever been convicted of specified crimes before
hiring an applicant for a position with frequent and routine
contact with children, if the employee will provide services
to children who are alleged victims of abuse, neglect, or
exploitation.
According to the author, "The judgment of social workers is
vital to the protection of one of the state's most vulnerable
populations. It is not appropriate for individuals, who are
entrusted with such decisions, to have a history of the very
convictions on which they base their consideration of other
parents." The author argues that an individual who has been
convicted of a crime such as child abuse and domestic violence
should not be entrusted with determining the fate of
California's neglected and abused children.
2)Background . Existing law requires the counties, with the
assistance of the Department of Social Services, to provide
child welfare services, including emergency response, foster
care placement, adoption services, and family maintenance and
reunification. Under existing law, counties may secure from
DOJ a criminal record for all county welfare department
employees who have frequent and routine contact with children,
if the employees provide services to children who are alleged
SB 774
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victims of abuse, neglect, or exploitation. If the employee
has been convicted of a crime, other than a minor traffic
violation, the county welfare director must determine whether
there is substantial and convincing evidence to support a
reasonable belief that the employee is of good character.
Existing law provides specified crimes for which the employee
must be suspended from duties involving frequent and routine
contact with children. These crimes include such offenses as a
sex offense against a minor, rape, willful harm to a child,
crimes against an elder or dependent adult, or a violent
felony.
This bill requires, rather than permits, a county to secure
from the Department of Justice a criminal record to determine
if the person has ever been convicted of specified crimes
before hiring an applicant for a position with frequent and
routine contact with children, if the employee will provide
services to children who are alleged victims of abuse,
neglect, or exploitation.
Analysis Prepared by : Julie Salley-Gray / APPR. / (916)
319-2081