HomeMy WebLinkAboutMINUTES - 07191988 - 1.25 BOARD OF SUPERVISORS ��}
FROiA Phil Batchelor �,,..,,��"},,,a
County Administrator CJll.7lCl
DATE: July 11, 198$ C"r"' "1
SUBJECT: Legislation:. Assembly Bill 3961
(Baker, Bates and Ferguson)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKZaROUND AND JUSTIFICATION
RECOMMENDATION:
Remove opposition to AB .3961 which originally exempted religious
organizations operating child care facilities from the
educational requirements for staff which are imposed on all other
child care facilities. The bill has now been amended and no
longer includes this provision.
BACKGROUND:
Assemblyman Ferguson had originally introduced AB 3961 to exempt
religious organizations from the educational requirements that
apply to staff in all other child care facilities. On June 28,
1988 , the Board voted to oppose AB 3961 because of this
provision.
AB 3961 has now been amended to add Assemblymen Baker and Bates
as coauthors of the bill. As amended June 29, 1988, AB 3961 now
does the following:
1. Repeals the existing Phillips/Reeves In-Home Child
Protection Act of 1987 under which parents in this
County and four other counties could, for a fee,
request a criminal records check by the State and
Federal governments of a child care provider or
prospective . provider, with the provider' s written
permission.
2. Reenacts similar provisions. Under the amended law it
would be the responsibility of a child care provider to
submit his or her fingerprints to the State and pay a
fee. The Department of Justice, would run the
fingerprints through both State and Federal law
enforcement files. If there is no record that would
disqualify the provider from being licensed, the
Department of Justice would so code the Automated Child
' Abuse System. Thereafter, a parent, employment agency,
or child care referral group could, for fee, submit a
provider ' s driver' s license number to see whether they
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CONTINUED ON ATTACHMENT: _ YES SIGNATURE: /
X RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
X APPROVE OTHER
S I GNATURE S /(
ACTION OF BOARD ON July 19, 1988 APPROVED AS RECOMMENDED
OTHER
VOTE OF SUPEIW 1 SORS
i HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT; ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
cc: Listed on Page 2 ATTESTED JUL 19 1988.
PHIL BATCHELOR, CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
M382/7-83 BY ,DEPUTY
Page 2
have been coded into the Automated Child Abuse System
as having no criminal conviction.
If a provider ' s fingerprint clearance comes back
indicating a criminal conviction which would preclude
the provider from being . licensed, the Department of
Justice would also notify the provider: If the
fingerprint clearance indicates a conviction which
could be waived for licensing purposes, the;; Department
of Justice may either code the provider into the
Automated Child 'Abuse System or refuse to do so, in
which case the provider could appeal this decision.
3 . The Department of Justice would be required to keep the
Automated Child Abuse System up-to-date with subsequent
criminal history information and would be required to
notify any parent, employment agency, or child care
referral group of any subsequent criminal conviction.
4. The Department of Justice would also be required to
establish an advisory committee consisting of a
representative from the child care resource and
referral agency in each county and one parent from each
county. The advisory committee is charged with
developing criteria on which to evaluate this project
and recommending . them to the Department of Justice
within six months of the effective date of the
legislation.
5 . The Department of Justice is required to contract with
an individual or firm to evaluate the project and
report to the Legislature by August 1, 1990. The bill
includes tests for determining whether the project is
successful.
6 . The legislation applies only to San Francisco, Alameda,
Contra Costa, Santa Clara, and San Diego counties.
7. The bill provides that its provisions are inoperative
on June 30, 1991 and are repealed on January 1, 1992 .
8. The bill contains an urgency clause and would become
effective upon approval by the Governor.
In view of the substantial amendments made to the bill and the
fact that it is co-authored by two members of this County's
delegation and includes this County in the pilot. program, it is
appropriate for the Board to withdraw its opposition.
cc: County Administrator
Social Services Director
Sheriff-Coroner
Catherine Ertz-Berger, Child Care Council
Teri Dean, Child Care Council
Assemblymen Tom Bates, William Baker,
Gil Ferguson
Ralph Heim, Jackson/Barish & Associates