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Home My WebLink AboutMINUTES - 06021998 - C119 TO: v BOARD OF SUPERVISORS onrC' � a John Cullen, Director FROM: Social Service Department �- ' ► (� .„ Csta DATE: .tune 2, 1998 t�.� � CountyorYA c.•;;.fit' 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). RESOUITION NO, 98/299 SPECIFIC REOUEST(S)OR RCCOMMENDATION(S)d 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 non-business 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 personnete e criminal record in a timely manner. SB 468 is implemented by resolutionunty Board of CONTINUED ON ATTACHMENT isors. SIGNATURE: 1 RECOMMENDATION OF COUNTY ADMINISTRATOR -RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE S ACTION OF BOARD ON t APPROVED AS RECOMMENDEDOTHER VOTE OF SUPERVISORS (/ 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: Contact: Danna Fabella, 313-1583 SOCIAL SERVICE (CONTRACTS UNIT) ATTESTED COUNTY ADMINISTRATOR PHIL EWrCHELOR,CLERK OF THE BOARD OF AUDITOR-CONTROLLER SUPERVISORS AND COUNTY ADMINISTRATOR CONTRACTOR M982 (10/88) RESOUMON NO. 98/299 BY ^ N41 ,DEPUTY 1997-1998 REGULAR SESSION Ch. 4539 § 1 peace SOCIAL SERVICES--JUVENILE PLACEMENT-- CRIMINAL RECORDS CHECK encing w part- CHAPTER 453 Tile off it as a S.B. No. 468 ,anent, AN ACT to add Section 1522.06 to the Health and Safety Code,relating to community care facilities. [.Approved by Governor September 23, 1997.1 nan is [Filed with Secretary of State September 24, 1997.] ,yer or yer 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 family home and on other persons, including, nonclients who reside in the facility and staff i state and employees. The act exempts from its requirements certain living arrangements, includ- Trivate ing, any arrangement involving the receipt and care of persons by a relative. )nstra- ysical al This bill would authorize, upon adoption of a resolution by the board of supervisors of a nplocounty, any county child.welfare agency to secure from municipal, county or state law proved enforcement personnel a criminal record through the California Law Enforcement Telecom- mg munications System or an automated mobile and fixed location fingerprint identification iall be system for the purpose of assessing any relative agreeing to receive and care for a minor and >ndary all other adults living in the relative's residence, before the minor would be placed with the • part- 'relative. fple 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 Tifom 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 Jerson and care for a minor and any other adult person residing in the homeof the relative before e the placing the minor in the relative's home. Law enforcement shall cooperate with requests for ,ryi g criminal records authorized by this section and shall provide the information to the requesting which entity in a timely manner. siness (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 A the to a person not authorized by law to receive the information is guilty of a misdemeanor as E 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 4arify home from refuting any of the information obtained by law enforcement if the individual o 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 .cam 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. 453,. § 1 STATUTES 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) that ALCOHOLIC BEVERAGES—LICENSES— econo MODIFICATIONS OF CONDITIONS / also 1 have CHAPTER 454 �` or me the d, S.B. No. 609 amon, refina 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.] by a [Fil with Secretary of State Septembe 24, 1997.) exem,, made L GISLATIVE COUNSEL'S IGEST (2) SB 609, Karnette. Alcoholic b verages. retail lice e. make, The Alcoholic Beverage Contr Act authorize the Department of Alcoholic Beverage has a Control to place reasonable conditi s upon re licensees or upon any licensee exercising has a retail privileges in certain specified 'tuations. Existing law authorizes the department to will � remove or modify conditions which wer plat on a license issued by the department upon, ill among other things, the filing of a peti 'o y the licensee or a transferee requesting the the off removal or modification of those conditions sours{ This bill would require written notice t local governing body of the area in which the promi premises are located and a hearing ore th modification or removal of any condition to Thi which the local governing body files a objection, as specified. (3) memt The people of the State of Calif is do enact as llows: and o SECTION 1. Section 23803 f the Business and Pr essions Code is amended to read: disclo; 23803. The department, on its own motion or u on the petition of a licensee or a agent transferee who has filed an plication for the transfer of a license,-if it is satisfiedthat the their grounds which caused th imposition of the conditions n longer exist, shall order their name: removal or modification rovided written notice is Ziven to a local g2verning body of the in whi area in which the Prerrijiges are located. The local governing bo has 30 days to file written Thi; ob'ections to the rem al or modification of an condition. The artment ma not remove other or p4qa any condition to which an objection has been filed with ut holdin 'a hearing as intere provided in Cha 5 (commencing with Section 11500) of Part 1 o ivision 3 of Title 2 of emplo the Government We. E)& :the r the removal or modification of a condition pursuant to is section shall be penalt fee of one hundred dollars ($100). Thi; certai) (4) ELECTIONS--POLITICAL REFORM ACT govern .�, approl CHAPTER 455 Thi: new a S.B. No. 946 comes Sections 82030 87103, 87303, 89506, 91005, and 91011 of, and to add Section 87209 Thi; nment. Code, relating to the Political Reform Act of 1974, and declarmi g the provis urgency thereof,to take effect immediately. (5) [Approved by Governor September 23, 1997.] distric [Filed with Secretary of State September 24, 1997.1 for ma 'T'},i,