HomeMy WebLinkAboutMINUTES - 03111997 - C34 TO: BOARD OF SUPERVISORS ��.•sE;L _ Contra
FROM: PHIL BATCHELOR, COUNTY ADMINISTRATOR o ,� 's Costa
�.:,:•N: __". .. County
DATE: March 4, 1997
SUBJECT: LEGISLATION - SPONSORSHIP OF SB 468 (RAINEY)
SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
ACKNOWLEDGE that the Board of Supervisors is the SPONSOR of SB 468 by
Senator Richard Rainey.
BACKGROUND:
Under current law, licensed foster parents are required to be cleared through the
California Law Enforcement Tracking System (CLETS) to identify any criminal
history which might preclude the individual from being licensed to care for children.
Relatives are not required to have a criminal records check, regardless of the degree
of relationship.
Under current practice, the Social Service Department generally tries to place a child
with a relative rather than in a foster home in order to preserve family ties and
provide a permanent home for a child. In many cases the Department identifies the
family member and tries to get the family member to assume responsibility to care
for the child. Without a criminal records check, the Department is often unable to
identify a relative who, while he or she may appear to be a suitable parent substitute,
might actually be an individual who has been convicted of any number of serious
criminal offenses.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S): ��CC� A/�U j
ACTION OF BOARD ON_-Mnrrh 11 1 1 AW APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
x 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: County Administrator ATTESTED March 11, 1997
Social Service Director PHIL BATCHELOR,CLERK OF THE BOARD OF
Les Spahnn SUPERVISORS AND COUNTY ADMINISTRATOR
Heim, Noack, Kelly& Spahnn
1121 L Street, fuite 100
Sacramento, CA 95814 G,
M382 (10BY
/88) �� DEPUTY
In its 1997 Legislative Program, the Board agreed to sponsor legislation which would
amend the law to apply to relatives as well so as to help the Social Service
Department try to insure that relatives are suitable individuals with whom to place
a child. Senator Rainey has agreed to author this legislation for the County and has
introduced SB 468 for this purpose.
In view of the fact that Senator Rainey has introduced this legislation for the County,
it is appropriate for the Board of Supervisors to acknowledge that it is the sponsor
of this legislation.
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SENATE BILL No. 468
Introduced by Senator Rainey
February 19, 1997
An act to add Section 1522.06 to the Health and Safety Code,
relating to community care facilities.
LEGISLATIVE COUNSEL'S DIGEST
SB 468, as introduced, Rainey. Community care facilities:
placement with relatives: criminal record check.
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
applicant for a license,special permit,or certificate for a foster
family home or certified family home and on other. persons,
including, nonchents who reside in the facility and staff and
employees. The act exempts from its requirements certain
living arrangements, including, any arrangement involving
the receipt and care of persons by a relative.
This bill would authorize any county and a foster family
agency to require a criminal record check of any relative
agreeing to receive and care for a minor and all other adults
living in the relative's residence, before the minor would be
placed with the relative.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
The people of the State of California do enact as follows.
1 SECTION 1. Section 1522.06 is added to the Health
2 and Safety Code, to read:
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SB 468 — 2 -
1
2 -
1 1522.06. Notwithstanding subdivision (k) of Section
2 1505, any county and a foster family agency may secure
3 from an appropriate law enforcement agency a criminal
4 record, in the manner provided under subdivision (d) of
5 Section 1522, of a relative agreeing to receive and care for
6 a minor and any other adult person residing in the home
7 of the relative before placing the minor in the relative's
8 home.
O
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