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Home My WebLink AboutRESOLUTIONS - 01011998 - 1998-299 r OV/1 TO: GUARD OF SUPERV,-JRS . John Cullen, Director -r antro FROM: Social Service DepartmentCosta DATE: June 2, 1998 County SUBJECT: ADOPT the implementation of SB 468 which allows Child Welfare Services of the Social Service Department to obtain a criminal record through the California Law Enforcement Telecommunications System (CLETS). RESMMIM NO-_209g_ SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: (1) ADOPT the implementation of SB 468 which allows Child Welfare Services of the Social Service Department to obtain a criminal record through the California Law Enforcement Telecommunications System (CLETS) from municipal, County, or State law enforcement entities to assess the household of a relative who has agreed to receive a minor. (2) AUTHORIZE the Social Service Department of the County to enter into inter- jurisdictional agreements with law enforcement agencies within the County to provide access to CLETS, including during nonbusiness hours at night and on weekends. FISCAL: No fiscal impact, CHILDREN'S IMPACT STATEMENT: The implementation of SB 468 supports the Contra Costa County community outcome, "Families that are Safe, Stable and Nurturing'", by promoting the absence of criminal influences in the home lives of children. The expected outcome is an emergency . placement experience that reduces the risks of a child's exposure to illegal activities and to physical and emotional harm. BACKGROUND: SB 468, which became effective January 1, 1998, allows child welfare personnel to obtain the "rap sheet" of an adult relative, and any other adults living in the home, with whom they plan to place a child. Municipal, County, or State law enforcement personnel who have access to the California Law Enforcement Telecommunications System are required to provide child welfare personnel with the criminal record in a timely manner. SB 468 is implemented by resolution a aunty Board of CONTINUED ON ATTACHME4 . N rV1S{}rSYES SIGNATURE: _72L RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATU,AE(S)4�j�. /,,& a z ACTION OF BOARD ON tw4L. x APPROVED AS RECOMMENDED OTHER VOTE F SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ASSENT--_ _ 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: Contact: Danna Fabella, .313-1583 ATTESTED SOCIAL SERVICE (CON MCTS UNIT) PHIL CHELOR,CLERK OF THE BOARD OF COUNTY ADMINISTRATOR SUPERVISORS AND COUNTY ADMINISTRATOR AUDITOR-CONTROLLER CONTRACTOR M382 (1 ,'89) RESOILTfION NO. 98/299 BY NLAL11i Jr } ,DEPUTY 1997-1998 REGULAR SESSION Ch. 4539 § 1 r peace SOS .AL SERVICES—JUVENILE PL ��EMENT� CRIMINAL RECORDS CHECK mcing per- CHAPTER 453 ile off t as a ment, S.B. No. 468 AN ACT to add Section 1522.06 to the Health and Safety Cade,relating to community case facilities. [Approved by Governor September 23, 1997.1 :an is [Filed with Secretary of State September 24, 1997.1 rer or rer or LEGISLATIVE COUNSEL'S DIGEST SB 468, Rainey. Community care facilities: placement with relatives. which Existing law, the California Community Care Facilities Act, requires the State Department of Social Services or any other approving authority to do a criminal record check on an r her applicant for a license, special permit, or certificate for a foster family home or certified state family home and on other persons, including, nonclients who reside in the facility and staff rivate and employees. The act exempts from its requirements certain living arrangements, includ- iistra- ing, any arrangement involving the receipt and care of persons by a relative. ysical This bill would authorize, upon adoption of a resolution by the board of supervisors of a zploy- county, any county child.welfare agency to secure from municipal, county or state law roved enforcement personnel a criminal record through the California Law Enforcement Telecom- rising munications System or an automated mobile and fixed location fingerprint identification all be system for the purpose of assessing any relative agreeing to receive and care for a minor and adary all other adults living in the relative's residence, before the minor would be placed with the part- relative. ple v. The people of the State of California do enact as follows: prior SECTION 1. Section 1522.06 is added to the Health and Safety Code, to read; peace iform 1522.06. (a) Notwithstanding subdivision (k) of Section 1505, upon adoption of a resolution w the by the board of supervisors of a county, any county child welfare agency may secure from municipal, county or state law enforcement personnel a criminal record through the California .Law Enforcement Telecommunications System or an automated mobile and fixed location fingerprint identification system for the purpose of assessing a relative agreeing to receive erson and care for a minor and any other adult person residing in the home of the relative before e the placing the minor in the relative's home. Law enforcement shall cooperate with requests for rying criminal records authorized by this section and shall provide the information to the requesting which entity in a timely manner. iness (b) Any law enforcement officer or person authorized by this section to receive the information who obtains the information in the record and knowingly provides the information f the to a person not authorized by law to receive the information is guilty of a misdemeanor as shall specified in Section 11142 of the Penal Code. (c) Nothing in this section shall preclude the relative or other person living in the relative's iarify home from refuting any of the information obtained by law enforcement if the individual the believes the criminal record check revealed erroneous information. 7580) (d) Use of the California Law Enforcement Telecommunications System authorized by take subdivision (a) shall not be applicable after January 1, 2000, or after an automated mobile and fixed location fingerprint identification system is available and accessible to a child welfare acted agency,whichever comes first. shall (e) For purposes of this section, "relative" means an adult who is related to the child by blood or affinity, including a half-sibling and those adults whose status is preceded by the Additions or changes Indicated by underline; deletions by asterisks * * * 2397 Ch. 45% § 1 STAB UTES OF 1997 1997- words "step," "great," "great-great," or "grand" or the spouse of any of these persons, even if the marriage was terminated by death or dissolution. SB (1) ALCOHOLIC BEVERAGES—LICENSE - that econo MODIFICATIONS OF CONDITIONS also l have CHAPTER 454 or me the d S.B. No. 609 amon, refine AN ACT to amend tion 23803 of the Business and Professions ode, relating to alcoholic the of beverages. Thi [Approved by Governor September 23, 1 7.1 by a [Fil with Secretary of State Septembe 24, 1997.] exerni made L GISLATIVE COUNSEL'S IGEST (2) SB 609, Karnette. Alcoholic erages: retail lice e. make, The Alcoholic Beverage Contr Act authorize the Department of Alcoholic Beverage influe Control to place reasonable conditi s upon re ' licensees or upon any licensee exercising has a retail privileges in certain specified 'tuitions. Existing law authorizes the department to decisi remove or modify conditions which wer plac on a license issued by the department upon, will h; among other things, the filing of a peti 'o y the licensee or a transferee requesting the the of removal or modification of those conditions source This bill would require written notice local governing body of the area in which the promi premises are located and a hearing b ore th modification or removal of any condition to Thi which the local governing body files a objection, specified. (3) meml~ The people of the Stag of Calif i.a do enact as Mows., and o SECTION 1. Section 23803 f the Business and Pr essions Code is amended to read: disclo; 23803. The department, n its own motion or a on the petition of a licensee or a agenc transferee who has filed an plication for the transfer of a license,-if it is satisfied that the their grounds which caused th imposition of the conditions n longer exist, shall order their name, removal or modification rovided written notice is given to a local govern#ig body of the in whi area in which the re s are located. The local overnin o has 0 da s to file written This o "ections to the remQVal or modification of an condition. The irtment m4 not remove other or mM any condition to which an ob'ection has been filed with ut holdin 'a hea'rin as intere pEgAded in Cha 5 (commencing with Section 11§n a Part 1 o ivision 3 of Title 2 nf emplo the Government Q6de. E)& the Any petition J� removal or modification of a condition pursuant to section shall be penalt accompanied b a fee of one hundred dollars ($100). This certai) (4) ELECTIONS—POLITICAL REFORM ACT govern approi CHAPTER 455 Thi. new a S.B. No. 946 comes ACT to amend Sections 82030 87103, 87308, 89506, 91005, and 91011 of, and to add Section 87209 Thi, rovis to, the Government Code, relating to the Political Reform Act of'1974, and declaring the P urgency thereof,to tape effect immediately. (5) [Approved by Governor September 23, 1997.1 distric [Filed with Secretary of State September 24, 1997.1 for me 1%i(