BILL ANALYSIS �
SENATE HUMAN
SERVICES COMMITTEE
Senator Carol Liu, Chair
BILL NO: SB 1136
S
AUTHOR: Huff and Mitchell
B
VERSION: February 20, 2014
HEARING DATE: April 22, 2014
1
FISCAL: Yes
1
3
CONSULTANT: Sara Rogers
6
SUBJECT
Foster Care Providers: Criminal Records
SUMMARY
This bill authorizes the California Department of Social
Services (CDSS) to share all information related to a
criminal record clearance or an exemption granted by CDSS
with a county child welfare agency that has the
responsibility to monitor the health and safety of children
in state licensed foster homes, certified homes or licensed
foster family agencies, or group homes. Additionally, it
authorizes a county child welfare agency to receive
state-summary criminal history information for the purposes
of assessing the appropriateness and safety of the child.
ABSTRACT
Existing Law:
1.Enacts the Community Care Facilities Act, which provides
for the licensure and oversight of out of home placements
of abused and neglected children by CDSS. (HSC 1500 et
Continued---
STAFF ANALYSIS OF SENATE BILL 1136 (Huff and Mitchell)
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seq.)
2.Provides for licensure of foster family homes (FFHs) by
the state and, through contract, by counties to provide
24 hour care to six or fewer foster children or sibling
care up to eight foster children, as specified. (HSC
1502, 1505.2 and 1511)
3.Provides for the licensure of private Foster Family
Agencies (FFAs) by CDSS for the purpose of engaging in
the recruitment and certifying of foster homes for
placement of children for temporary and permanent care on
a non-profit basis. (HSC 1502 and HSC 1508)
4.Provides for the certification of certified family homes
(CFHs) by foster family agencies (FFAs) according to
state licensing standards and requires CFHs to be
recertified annually. (HSC 1506)
5.Requires CDSS and county agencies with FFH licensing
authority to secure both California and Federal Bureau of
Investigation (FBI) criminal history information to
determine whether the applicant or other specified
non-exempt persons, including other adults residing in
the home, have ever been convicted of any crime other
than a minor traffic violation or arrested for the
following crimes (HSC 1522):
Crimes that require registration pursuant to
the Sex Offender Registry Act (PEN 290 (c));
Assault with a deadly weapon or firearm (PEN
245);
Felony/misdemeanor domestic violence (PEN
273.5);
STAFF ANALYSIS OF SENATE BILL 1136 (Huff and Mitchell)
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Felony/misdemeanor child abuse under conditions
not likely to produce great bodily harm or death
(PEN 273a (b));
Any crime for which the department cannot grant
an exemption (see below).
1.Requires the California Department of Justice (DOJ) to
maintain state summary criminal history information and
provides for DOJ to furnish state and federal summary
criminal history information to any authorized agency or
organization as specified, when the information is used
for employment, licensing or certification purposes.
Information provided under this paragraph is redacted to
only include the following ((PEN 11105 (m)):
All convictions rendered against the applicant;
Any arrest for which the applicant is currently
awaiting trial;
All arrests for which CDSS is required to
determine whether an applicant has been arrested
except those in which CDSS does not receive
information pertaining to arrests subsequently
deemed a detention or arrests that resulted in
successful diversion or exoneration.
1.Provides that CDSS may grant an exemption to a criminal
conviction exclusion (except as specified below) if the
director has substantial and convincing evidence to
support a reasonable belief that the person convicted of
the crime is of good character in order to justify
granting the exemption. ((HSC 1522 (g))
2.Provides that the director may not grant exemptions to
convictions of more than 58 Penal Code violations
STAFF ANALYSIS OF SENATE BILL 1136 (Huff and Mitchell)
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including: <1>
All crimes that require registration pursuant
to the Sex Offender Registry Act including lewd and
lascivious conduct with a child, child pornography,
sexual battery, rape, sexual exploitation of
children, and others.
Felony/misdemeanor child abuse under conditions
likely to produce great bodily harm or death,
torture, kidnapping.
Cruel and inhumane corporal punishment on a
child.
Elder abuse.
Drawing, exhibiting or using a firearm or
deadly weapon on the grounds of a day care center.
Attempted murder.
Arson with great bodily injury.
Any felony punishable by death or life in
prison without parole.
Weapons of mass destruction.
1.Requires CDSS to investigate arrest-only incidents that
are for crimes mentioned (see number 5), but does not
require investigation of arrests for other, potentially
violent or otherwise relevant, crimes. ((HSC 1522 (d) and
1596.871 (a)(1))
2.Requires DOJ to act as a repository of reports of
suspected child abuse and severe neglect to be maintained
in the Child Abuse Central Index (CACI) and permits DOJ
to make relevant information available to child welfare
agencies that are conducting a child abuse investigation
and to make information available to county licensing
agencies regarding applicants for licensure, approval,
residence, or employment in a children's community care
facility. (PEN 11170)
-------------------------
<1> "Non-Exemptible Crimes. Revised 4/10"
http://www.ccld.ca.gov/res/pdf/non_exempt.pdf
STAFF ANALYSIS OF SENATE BILL 1136 (Huff and Mitchell)
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3.Requires CDSS to check the CACI prior to granting a
license to, or otherwise approving, any individual to
care for or reside with children, and to investigate any
reports received from the CACI. (HSC 1522.1 and PEN
11170)
4.Prohibits CDSS from using arrest records to deny, revoke,
or terminate any application, license, employment or
residence unless the department investigates the incident
and secures evidence that is admissible in an
administrative hearing to establish conduct by the person
that may pose a risk to the health and safety of any
person who is or may become a client. ((HSC 1522 (e))
5.Provides that if a FFH or CFH applicant, or other
specified persons, have convictions that would make the
applicant's home unfit as a FFH or CFH, the license,
special permit or certificate of approval shall be
denied. (HSC 1522 (d))
6.Provides that if a FFH or CFH applicant, or other
specified persons, are awaiting trial for a crime other
than a minor traffic violation, CDSS or a county may
cease processing the application until the conclusion of
the trial. (HSC 1522 (d))
7.Provides that the Attorney General shall furnish state
summary criminal history information to county child
welfare agency personnel, and permits such personnel to
secure, the state summary criminal history information
through the CLETS for the following purposes (WIC 16504.5
and PEN 11105):
To conduct an investigation pursuant to suspected
child abuse or neglect or an investigation involving a
child in which the child is alleged to come under the
jurisdiction of the juvenile court.
To assess the appropriateness and safety of placing
STAFF ANALYSIS OF SENATE BILL 1136 (Huff and Mitchell)
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a child who has been detained or is a dependent of the
court in the home of a relative or nonrelative
extended family member during an emergency situation.
(WIC 309)
To attempt to locate a parent or guardian of a
child who is the subject of a dependency court
proceeding.
To obtain information about the background of a
nonminor who has petitioned to reenter foster care in
order to assess the nonminor's appropriate placement
in foster care or other placement setting with minor
dependent children.
1.Permits the sharing of information between specified
agencies about applicants, licensees, certificates, or
individuals who have been the subject of any
administrative action resulting in the denial,
suspension, probation, or revocation of license, permit,
or certificate, or the exclusion of any person from the
facility who is subject to a background check. Those
agencies are: CDSS, California Department of Aging, State
Department of Public Health, State Department of Health
Care Services, and the Emergency Medical Services
Authority. (HSC 1522.08)
This bill :
1.Permits CDSS to share all information related to a
criminal record clearance or exemption from the
department with a county child welfare agency with
responsibility to monitor the health and safety of
persons receiving care, treatment or services from state
licensed foster homes, certified homes licensed group
homes and foster family agencies and their employees.
2.Permits CDSS and the county child welfare agencies to
share information, including state summary criminal
STAFF ANALYSIS OF SENATE BILL 1136 (Huff and Mitchell)
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history information, about applicants, licensees,
certificates or individuals who have been the subject of
any administrative action resulting in the denial,
suspension, probation, or revocation of license, permit,
or certificate, or in the exclusion of any person from a
facility who is subject to a background check as
otherwise provided by law.
3.Permits county child welfare agencies to use the
CDSS-maintained centralized system for monitoring and
tracking of final administrative actions that are used by
other state agencies as part of the background check
process.
4.Permits a county child welfare agency to secure
state-summary criminal history information from an
appropriate governmental criminal justice agency for the
following additional purposes:
To assess the appropriateness and safety of
placing a child who has been detained or is a
dependent of the court in a licensed foster family
home, group home, or state licensed foster home
To monitor the health and safety of persons
under the supervision of the county child welfare
agency who are residing in a licensed foster family
home, group home or state-licensed foster home.
1.Permits a county child welfare agency to secure a
state-summary criminal history information from CDSS for
the following purposes:
To conduct an investigation pursuant to
suspected child abuse or neglect or an investigation
involving a child in which the child is alleged to
come under the jurisdiction of the juvenile court.
To assess the appropriateness and safety of
placing a child who has been detained or is a
dependent of the court in the home of a relative or
nonrelative extended family member during an
emergency situation.
To attempt to locate a parent or guardian of a
child who is the subject of a dependency court
proceeding.
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To obtain information about the background of a
nonminor who has petitioned to re-enter foster care
in order to assess the nonminor's appropriate
placement in foster care or other placement setting
with minor dependent children.
To assess the appropriateness and safety of
placing a child who has been detained, or is a
dependent of the court, in a licensed foster family
home, group home, or state licensed foster home
To monitor the health and safety of persons
under the supervision of the county child welfare
agency who are residing in a licensed foster family
home, group home or state-licensed foster home.
FISCAL IMPACT
This bill has not been analyzed by a fiscal committee.
BACKGROUND AND DISCUSSION
According to the author, county child welfare agencies do
not have access to a list of foster parents and employees
who have received a criminal history exemption granted by
the CDSS Community Care Licensing Division (CCL). The
author states that counties are responsible for placing
children in foster home placements without the background
information that was utilized by CDSS to authorize a
criminal history exemption. The author states that, if
enacted, this bill would authorize the sharing of critical
information between the state and county welfare agencies
to improve child safety in foster placements.
As evidence for the need for this bill, Los Angeles County,
the sponsor, points to recent tragedies in Los Angeles
County where four foster children died after being placed
in foster homes certified by private FFAs. In one instance,
a 2-year-old child was beaten into a coma and suffered
mental disability and blindness in one eye after he and two
other children were placed into the home of a woman who had
been accused of abusing children and whose partner had a
history of drug abuse. In another, a two-year-old girl was
killed after being placed into the home of a woman with a
theft conviction. All deaths occurred in CFHs that are
STAFF ANALYSIS OF SENATE BILL 1136 (Huff and Mitchell)
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certified by private agencies, and the county social
workers responsible to monitor the care and safety of the
children were unaware that the individuals had criminal
records that, according to the sponsor, may have warranted
increased visitation or scrutiny.
The Los Angeles Times has reported that there are at least
5,300 individuals who have received criminal record
exemptions for convictions that would otherwise prevent
them from licensure or certification as foster parents.<2>
There are unknown additional numbers of individuals who
have been arrested, but not convicted, for serious child
abuse crimes that under California law warrant further
investigation prior to licensure which a county placement
worker would be unaware of. The author and sponsor state
that criminal history information relevant to licensure is
similarly relevant when placing a child in an out-of-home
placement and in providing oversight over that placement.
State/County Licensing Roles for Foster Homes
California law requires CDSS licensure of all community
care facilities including foster homes, and provides for
the department to establish contracts with counties to
perform licensing functions for Foster Family Homes (FFHs).
Currently, CDSS has established contracts with 39 counties
to perform licensing activities for 69 percent of the
state's FFHs. Contracting counties are required under
statute and contract to follow most of the state's
statutory and regulatory requirements for licensure of
these facilities.
Additionally, statute provides for the establishment of
private, non-profit, Foster Family Agencies, themselves
licensed by CDSS to recruit and certify Certified Foster
Homes (CFHs) to receive placements of foster children under
-------------------------
<2>
http://www.latimes.com/local/la-me-foster-care-dto,0,5583241
.htmlstory#axzz2z4oqWEIk
STAFF ANALYSIS OF SENATE BILL 1136 (Huff and Mitchell)
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the jurisdiction of the county child welfare agencies. As
of 2012, 44.6 percent of the state's foster children were
placed through private FFAs, and 19.3 percent of foster
children were placed into state- or county licensed
FFHs.<3> In FFA placements, county child welfare agencies
are responsible for the care and supervision for children
placed in these homes, however they are not responsible for
the licensing functions for these homes or for group homes.
Under state law, counties may request and receive
background check information from DOJ pursuant to their
licensing or approval duties for FFHs and relative
placements. Counties must comply with state statutes
governing agencies that are permitted to receive background
checks and subsequent criminal record information from DOJ,
including the requirement to designate someone to be
confirmed by DOJ to act as the "custodian of records."<4>
Current statute does not provide for counties to request
background information pursuant to their responsibilities
to place children in community care facilities, which this
bill would provide.
In Los Angeles County, licensing functions for FFHs are
performed by CDSS; however the county does receive criminal
record clearances in approving relative caregivers for
foster care placements. The county reports that placement
workers receive the criminal record information associated
with a potential relative placement and are responsible for
assisting the family in obtaining any needed exemptions. In
this manner, the county placement workers may make
decisions about the appropriateness of relative caregivers
using information contained in the criminal record
background.
Importantly, while California law establishes an appeal and
-------------------------
<3> Needell, B., et al. (Apr. 2013). Child Welfare Services
Reports for California, U.C. Berkeley
<4> PEN 11102.2
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exemption process for individuals to overcome barriers to
licensure or employment due to a criminal record, obtaining
a license does not guarantee or provide any rights to the
licensee that a child be placed in the home. Statute gives
placement workers wide latitude in using information
subjectively in order to determine the best placement for
an individual child. Under current law, criminal background
information is being used in this manner for placement
determinations in some foster homes but not for others.
Additionally, full criminal history information is used to
determine suitability in adoptions.
Criminal Record Clearances for Foster Homes
Federal Law pursuant to the Adam Walsh Act (P.L. 109-248)
as well as California statute requires background checks to
be performed by CDSS of all applicants, licensees, adult
residents, volunteers under certain conditions and
employees of community care facilities, including foster
homes, who have contact with clients. The Caregiver
Background Check Bureau was established in 1992 to review
criminal history information as well as possible matches in
the Child Abuse Central Index (CACI) and to render
decisions for state licensed community care facilities and
for the TrustLine Registry.
If a criminal record check shows that an individual has
been convicted of any crime other than a minor traffic
violation, the individual is not permitted to work or be
present in any community care facility unless they receive
a written criminal record exemption from CDSS. The
department also examines arrest records to determine if the
arrests are for "referable crimes" that require
investigation by the bureau; referable crimes are of such
severity that an arrest-only nonetheless warrants an
investigation by the department to ensure the safety of
residents of community care facilities.<5>
Summary criminal history information
-------------------------
<5> HSC 1522, 1568.08, 1569.17, and 1596.871
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State summary criminal history information is defined as
"the master record" of information compiled by the Attorney
General pertaining to the identification and criminal
history of any person, including their name, date of birth,
physical description, fingerprints, photographs, dates of
arrests, arresting agencies and booking numbers, charges,
dispositions, and similar data about the person. It does
not include "records and data compiled by criminal justice
agencies other than the Attorney General, nor does it refer
to records of complaints to or investigations conducted by,
or records of intelligence information or security
procedures of, the office of the Attorney General and the
Department of Justice. (PEN 11105)
The Criminal Offender Record Information (CORI), commonly
referred to as the "rap sheet," is the document provided by
DOJ or the FBI in response to a request for a criminal
record review with submitted fingerprints. For initial
inquiries, a CORI may contain the following information:
All convictions and their related arrests
All arrests with pending dispositions verified
within the last 30 days
Arrest information only of specific, serious
crimes.
Warrants
Non-retainable offenses (local ordinance
infraction, or a Vehicle Code violation).
Following an initial request, a permitted entity may
request to receive any subsequent arrest or conviction
information following an initial clearance. Subsequent
Arrest Notification Service (SANS) also known as "rap
backs" may contain:
All convictions and their related arrests
Arrest information of all crimes
Warrants
Non-retainable offenses (local ordinance infraction
or a Vehicle Code violation)
Certain rap sheets may include both a conviction
and an arrest with a disposition other than a
conviction.
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Federal law (P.L. 92-544), permits the FBI to exchange
criminal history record information with officials of state
and local governments for employment, licensing, including
volunteers, and for other similar noncriminal justice
purposes, if authorized by a state statute which has been
approved by the Attorney General of the United States. This
system, called the Interstate Identification Index System
(Triple III) allows for the exchange of federal and
multi-state information, ensuring that criminal record
searches include records from all participating states and
the federal government. To participate, states must enter
into compacts with the federal government and abide by
strict statutory and regulatory rules.<6> According to the
FBI, the U.S. Department of Justice has advised that a
state statute that establishes guidelines for a category of
employment or the issuance of a license must, in itself,
require fingerprinting and authorize the governmental
licensing or employing agency to exchange fingerprint data
directly with the FBI. A federal Final Rule regarding the
outsourcing of criminal records for noncriminal justice
purposes, establishes that the use of information that is
requested for noncriminal justice purposes is "limited to
the purpose for which it was provided." <7>
According to the state DOJ, using fingerprint based
requests for background information is essential to ensure
that the information that is being shared pertains to the
intended person. Additionally, the Final Rule specifically
limits the use of criminal history record check results to
the purposes for which it was provided.
This bill, by permitting the CDSS itself share criminal
history information is not consistent with this fingerprint
standard.
-------------------------
<6>
http://www.fbi.gov/about-us/cjis/cc/the-compact/the-compact
<7>
http://www.fbi.gov/foia/privacy-impact-assessments/firs-iafi
s
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Los Angeles County Criminal Record Check Procedures
In approving relative caregivers and non-relative extended
family members (NREFMs) Los Angeles County maintains a
Criminal Clearance Tracking System as a confidential
web-based application that automates the manual tracking of
Live Scan, California Law Enforcement Telecommunications
System (CLETS) and CACI activity. The county's procedural
guide states that the system is accessible by children's
social workers, Kinship Support division staff workers and
supervisors for the purpose of performing assessments of
homes. Depending on the circumstances, different database
components are viewable. For non-emergency placements with
relatives or NREFMs, only the LiveScan results are
accessible.
Los Angeles County Department of Child and Family Services
may request criminal history information on individuals
when the request is related to child protective services
placement, specified child abuse investigations, juvenile
court investigations, and, in limited situations, whether
the child should be returned to the parent.
Arguments in opposition:
The Social Justice Law Project writes that this bill would
require CDSS to share outdated and incomplete criminal
history information which "infringes on the right of
privacy guaranteed by Article I, section 1 of the
California Constitution. (This information) is not
supported by a compelling or substantial state interest,
undermines the substantial government interest in ensuring
that criminal history information is complete, and is
inconsistent with the decisions in both Loder v. Municipal
Court and Central Valley v Younger." Additionally, this
organization states that DOJ advises agencies seeking
approval to obtain criminal history information that "the
retention and sharing of information between employers and
licensing agencies is strictly prohibited. The retention
and sharing of information infringe upon the right of
STAFF ANALYSIS OF SENATE BILL 1136 (Huff and Mitchell)
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privacy as defined in the California Constitution, and
fails to meet the (standard of) compelling state interest."
The East Bay Community Law Center writes that this bill
creates duplicative work for counties and would have CDSS
send an avalanche of criminal history information to local
child welfare agencies about whom the department has
already licensed. The organization states that the bill is
unnecessary as there is no evidence, data or reports
showing that the CDSS exemption process is overly-inclusive
of people with criminal records or that foster children are
at higher risk from individuals with exemptions than they
are with other foster parents.
Comments :
Existing law regarding the security of criminal record
clearances is extremely well defined in both state and
federal law. "Applicant agencies" that have been granted
the right to request, receive and retain criminal records
are required to designate a "custodian of records" who is
certified by the DOJ. Applicant agencies must ensure that
all records are kept in a secure and confidential file with
access restricted to the designated Records Custodian
and/or the person responsible for making a determination
about an individual whose record is received. Applicant
agencies additionally are subject to auditing by both the
DOJ as well as the FBI.
According to the DOJ, failure to comply with federal law
regarding the handling of these records could lead to
statewide loss of California's access to FBI clearances.
Additionally, DOJ states that California has recently been
sanctioned as a result of FBI audits where both criminal
and licensing agencies were not storing records in
accordance with federal law. Allowing the Department of
Social Services to forward criminal record information as
well as ongoing subsequent rap-backs, or to create its own
parallel database of criminal records for counties to
access, creates a flow of highly sensitive information that
would be virtually impossible for the Department of Justice
to monitor and safeguard. Staff recommends amending this
bill to permit county child welfare agencies to access
criminal record information pursuant to HSC 1522 directly
STAFF ANALYSIS OF SENATE BILL 1136 (Huff and Mitchell)
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from DOJ for placement purposes and to request CDSS to
provide.
Staff recommends amending this bill to require CDSS to
share information with counties about whether an individual
has received an exemption and then permitting county child
welfare agencies to directly access the current DOJ
LiveScan system as well as the Child Abuse Central Index,
rather than attempting to create a parallel system for
sharing the information. CDSS has indicated that it is
capable of making exemption lists available to counties
currently using existing resources.
1.Amend section 1 of the bill as follows: Page 2, lines
9-13 and page 19 lines 4-10
1522. The Legislature recognizes the need to generate
timely and accurate positive fingerprint identification
of applicants as a condition of issuing licenses,
permits, or certificates of approval for persons to
operate or provide direct care services in a community
care facility, foster family home, or a certified family
home of a licensed foster family agency, and to assess
the appropriateness and safety of placing specific
children in those homes and facilities. The Legislature
also recognizes the need for sharing of information
between the State Department of Social Services and
county child welfare agencies in order to protect the
health and safety of persons receiving care, treatment,
or services from individuals or facilities licensed or
certified by the state . Therefore, the Legislature
supports the use of the fingerprint live-scan technology,
as identified in the long-range plan of the Department of
Justice for fully automating the processing of
fingerprints and other data by the year 1999, otherwise
known as the California Crime Information Intelligence
System (CAL-CII), to be used for applicant fingerprints.
It is the intent of the Legislature in enacting this
section to require the fingerprints of those individuals
whose contact with community care clients may pose a risk
to the clients' health and safety. An individual shall be
required to obtain either a criminal record clearance or
a criminal record exemption from the State Department of
STAFF ANALYSIS OF SENATE BILL 1136 (Huff and Mitchell)
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Social Services before his or her initial presence in a
community care facility.
(j) The State Department of Social Services may share all
information related to a criminal record clearance or
exemption from the department with a county child welfare
agency with responsibility to monitor the health and
safety of persons receiving care, treatment, or services
from state licensed foster homes, certified homes of
licensed foster family agencies, licensed group homes,
and foster family agencies and their employees.
2.Strike Sections 2, 3 and 4.
3.Add new section to amend Section 16504.5 of the Welfare
and Institutions Code:
16504.5 (g) (1) A county child welfare agency may submit
to the Department of Justice fingerprint images and
related information required by the Department of Justice
of an individual who has received a criminal record
exemption from the California Department of Social
Services pertaining to a licensed or certified foster
home for the purposes of obtaining information as to the
existence and content of a record of state or federal
convictions and state or federal arrests and also
information as to the existence and content of a record
of state or federal arrests for which the Department of
Justice establishes that the person is free on bail or on
his or her recognizance pending trial or appeal.
(A) To the extent permitted by state or federal law, a
county child welfare agency that requests criminal record
information pursuant to this section shall request from
the California Department of Social Services any
additional information the department used in making the
determination to grant the exemption.
(B) Whenever state or federal summary information is
provided by the Department of Justice pursuant to this
section and is used by a county child welfare agency as
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the basis for determining that a licensed or certified
foster care placement is not an appropriate placement for
a child, the county shall expeditiously furnish a copy of
the information to the person to whom the information
relates and shall provide the individual with an
opportunity to contest or appeal the decision within the
agency.
(2) When received, the Department of Justice shall
forward to the Federal Bureau of Investigation requests
for federal summary criminal history information received
pursuant to this section. The Department of Justice shall
review the information returned from the Federal Bureau
of Investigation and compile and disseminate a response
to the county child welfare agency.
(3) The Department of Justice shall provide a state or
federal level response to the county child welfare agency
pursuant to paragraph (1) of subdivision (m) of section
11105 of the Penal Code.
(4) The county child welfare agency shall request from
the Department of Justice subsequent notification
service, as provided pursuant to section 11105.2 of the
Penal Code, for persons described in paragraph (1).
(5) The Department of Justice shall charge a fee
sufficient to cover the cost of processing the request
described in this section.
4.Add a new section to add Section 16504.10 of the Welfare
and Institutions Code:
16504.5 (a) The department shall provide to county child
welfare agencies, a list of all persons who have received
a criminal records exemption pursuant to Health and
Safety Code Section 1522 (d) related to a licensed or
certified foster home so that a county may assess the
appropriateness and safety of placing a child who has
been detained or is a dependent of the court in the
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licensed or certified foster home with which the
individual is associated.
(b)To the extent permitted by state or federal law, the
department shall make available to county child welfare
agencies, any investigative information used in making
the determination to grant the exemption. The department
shall consult with the Department of Justice, counties,
and other interested stakeholders to ensure that
information is shared expeditiously and in accordance
with state and federal law.
5.Add a new section to amend Penal Code Section 11170 as
follows:
(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 any county child
welfare agency under the conditions described by section
16504.5 of the Welfare and Institutions Code, or to a
tribal court or tribal child welfare agency of a tribe,
consortium of tribes, or tribal organization 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 approval, or any adult who
resides or is employed in the home of an applicant for
licensure or approval, 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, or Section
11403.2 of the Welfare and Institutions Code.
Additionally, the department currently uses a clearance
process for investigating arrests which is different from
the process used to exempt exclusions due to convictions.
STAFF ANALYSIS OF SENATE BILL 1136 (Huff and Mitchell)
PageT
While all convictions, other than for minor traffic
violations, must be investigated and exempted in order for
an individual to be cleared, a far narrower list of
"referable" arrest crimes are investigated. This list has
not been recently updated and excludes significant crimes
including PEN 273ab, a crime which has been recently added
to the statute.
The statute also does not provide for CDSS to receive
information on, nor investigate, arrests for other
potentially violent and serious crimes which may have
significant implications for the health and safety of
vulnerable residents of community care facilities including
children, disabled adults, and seniors.<8> The authors may
wish to amend this bill, or consider for subsequent
legislation, to request CDSS to perform an assessment of
existing penal code statutes that they do not receive
arrest records for which may be appropriate to investigate
prior to an individual's approval.
POSITIONS
Support: County of Los Angeles (sponsor)
AFSCME
California Police Chiefs Association
California Probation, Parole and
Correctional Association
California State Foster Parent Association
California Youth Connection
Children Now
Orange County Board of Supervisors
Oppose: American Civil Liberties Union of California
East Bay Community Law Center
Legal Services for Prisoners with Children
The Social Justice Law Project
-------------------------
<8> ((HSC 1522 (d) and 1596.871 (a)(1))
STAFF ANALYSIS OF SENATE BILL 1136 (Huff and Mitchell)
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