BILL ANALYSIS �
SB 1136
Page 1
Date of Hearing: July 2, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
SB 1136 (Huff and Mitchell) - As Amended: June 25, 2014
Policy Committee: Human
ServicesVote:6 - 0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill facilitates the sharing of information between the
Department of Social Services (DSS) and county welfare agencies
regarding criminal background checks for the purpose of placing
children in foster care homes and facilities. Specifically, this
bill:
1)Authorizes DSS and county welfare agencies to share
information with respect to applicants, licensees,
certificates, or individuals who have been the subject of any
administrative action resulting in the denial, suspension,
probation, or revocation of a license, permit, or certificate,
or in the exclusion of a person from a facility who is subject
to a background check.
2)Requires DSS to provide, upon request of a welfare agency, a
list of each person who has received a criminal records
exemption related to a licensed or certified foster home, so
that the county may assess the appropriateness of placing a
child in the foster home with which the individual is
associated.
3)Authorizes DSS to share with the county child welfare agency
summary information related to a criminal record clearance or
exemption granted by the department.
FISCAL EFFECT
Minor and absorbable costs to DSS to provide the required
information.
SB 1136
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COMMENTS
1)Purpose . According to the author, when the state removes
children from their homes for their personal safety, the state
and county assume an obligation to keep these vulnerable
children from greater abuse or neglect a second time. Yet
state law prohibits the sharing of vital applicant criminal
waiver information with county welfare agencies, responsible
for the placement of at-risk and special needs children. Even
though child safety is a top priority for all child welfare
workers, county welfare agencies are required to place
children in "safe homes" with limited information. Recent
accounts of abuse and four child deaths within private foster
family agencies tragically demonstrate with urgency, the need
to change current law.
2)Background . DSS is required to conduct a criminal background
check of all community care facility licensees and staff
applicants. DSS does this through its Caregiver Background
Check Bureau (CBCB) within its Community Care Licensing
Division.
A person who applies to be a foster home caregiver or be
employed by a foster care facility must submit their
fingerprints to the Department of Justice (DOJ) to determine
whether they have any arrests or convictions that may preclude
them from working in care facilities. If the applicant has no
arrests or convictions, the DOJ provides DSS with a clearance
notice, which allows DSS to continue its licensing and
certification review of the applicant.
However, if a person has been convicted of a non-exemptible
crime, such as rape, a sex offense, murder, or fiscal
malfeasance, then a criminal background clearance cannot be
provided. In cases where an applicant has been convicted of an
exemptible crime, the applicant can request and DSS may grant
an exemption to a criminal conviction exclusion if the
director has substantial and convincing evidence to support a
reasonable belief the person convicted of the crime is of good
character in order to justify granting the exemption.
Under current law, county child welfare agencies do not have
access to the names and information of the foster parents and
employees who have been granted a criminal history exemption
by DSS. The Los Angeles Times reported at least 5,300
individuals who have received criminal record exemptions for
SB 1136
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convictions that otherwise would prevent them from licensure
or certification as foster parents.
This bill seeks to provide county child welfare agencies with
additional criminal history information from DSS when
determining appropriate foster care placements.
Analysis Prepared by : Jennifer Swenson / APPR. / (916)
319-2081