HomeMy WebLinkAboutMINUTES - 04172007 - C.30 I
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TO: BOARD OF SUPERVISORS E .... Contra
FROM: Joe Valentine, Director Y -_
Employment & Human Services Department x;. _;¢ Costa
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DATE: April 17, 2007 °°sTq-�o�nCounty�`'P
SUBJECT: Request to Support AB 190, AB 324, AB 340, SB 720, SB 776 L
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSIFICATION
RECOMMENDATION
SUPPORT Assembly Bill 190 (Bass), which would reduce child welfare worker caseloads by
phasing in the SB 2030 optimal standards.
SUPPORT Assembly Bill 324 (Beall), which would increase foster parent rates and improve
recruitment, retention and support of caregivers.
SUPPORT Assembly Bill 340 (Hancock), which would streamline the licensing/approval
process for foster parents, relative caregivers, and adoptive parents.
SUPPORT Senate Bill 720 (Kuehl), which would enable pregnant and parenting teens to be
placed with their babies in foster care.
SUPPORT Senate Bill 776 (Vincent), which would provide the ability to transfer criminal record
history, exemptions and subsequent arrest notifications between counties when a caregiver
moves.
FINANCIAL IMPACT
Each of these bills will provide us with either the additional ability to claim state and federal
funds or reduce costs to provide child welfare services in Contra Costa County.
CHILDREN'S IMPACT STATEMENT
All five outcomes are positively impacted by this legislation.
BACKGROUND
Please see attached.
CONTINUED ON ATTACHMENT: X YES SIGNATURE:
ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDA ON OF BOARD COMMITTEE
__,,,;�PPROVE OTHER
SIGNATURE(S): Q�'4 '01 r
kl—L'P
ACTION OF BOA6DhN � iJJJ� APPROVED AS RECOMMENDED_�OTHER
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS{ABSENT 12iG2—e--
AND CORRECT COPY OF AN ACTION TAKEN
) AND ENTERED ON THE MINUTES OF THE
BOARD OF SUPERVISORS ON THE DATE
AYES: NOES: SHOWN.
ABSENT: ABSTAIN:
ATTESTED: O
Contact: Karen Mitchoff, EHSD(3-1676) JOHN CU N,CLERK OF THE BOARD OF
cc: Lara Delaney,CAO SUPERVISORS AND COUNTY ADMINISTRATOR
C.Christian c/o CAO
BY DEPUTY
TO: BOARD OF SUPERVISORS �`'£=6E--L' Contra
FROM: Joe Valentine, Director r Costa
Employment& Human Services Department -
DATE: April 17, 2007 County
coax
SUBJECT: Request to Support AB 190, AB 324,AB 340, SB 720, SB 776
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSIFICATION
RECOMMENDATION
SUPPORT Assembly Bill 190(Bass), which would reduce child welfare worker caseloads by
phasing in the SB 2030 optimal standards.
SUPPORT Assembly Bill 324 (Beall), which would increase foster parent rates and improve
recruitment, retention and support of caregivers.
SUPPORT Assembly Bill 340 (Hancock), which would streamline the licensing/approval
process for foster parents, relative caregivers, and adoptive parents.
SUPPORT Senate Bill 720 (Kuehl),which would enable pregnant and parenting teens to be
placed with their babies in foster care.
SUPPORT Senate Bill 776 (Vincent), which would provide the ability to transfer criminal record
history, exemptions and subsequent arrest notifications between counties when a caregiver
moves.
FINANCIAL IMPACT
Each of these bills will provide us with either the additional ability to claim state and federal
funds or reduce costs to provide child welfare services in Contra Costa County.
CHILDREN'S IMPACT STATEMENT
All five outcomes are positively impacted by this legislation.
BACKGROUND
Please see attached.
CONTINUED ON ATTACHMENT: X YES SIGNATURE:
_ ECOMMENDATION OF CDUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE
APPROVE _OTHER
SIGNATURE(S):
ACTION OF BO D N 1� L . 171/ APPROVED AS RECOMMENDED„ OTHER
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE
7 AND CORRECT COPY OF AN ACTION TAKEN
UNANIMOUS(ABSENT I.Z-r4- ) AND ENTERED ON THE MINUTES OF THE
BOARD OF SUPERVISORS ON THE DATE
AYES: NOES: SHOWN.
ABSENT: ABSTAIN:
ATTESTED: itJ 7 ��
Contact: Karen Mitchoff,EHSD(31676) JOHN.CULMEN,CLERK OF THE BOARD OF
cc: Lara DeLaney,CAO SUPERVISORS AND COUNTY ADMINISTRATOR
C.Christian do CAO
BY i'- 2•� "// G�z_ DEPUTY
BACKGROUND (cont'd)
Assembly Bill 190: In 1998, the Legislature passed and the Governor signed SB 2030 (Costa),
directing the California Department of Social Services (CDSS) to commission a study of workload
standards in child welfare. The resulting findings confirmed that existing child welfare standards—
based on 1984 workload considerations—were outdated and inadequate.
The resulting 2030 Child Welfare Workload Study recommended both minimum and optimal
caseload standards for budgeting the child welfare program. When compared to the existing
budgeting standards in place at that time, the findings revealed that California's workload was roughly
double the recommended minimum standards.
In 2002, a CDSS task force developed a plan to implement the recommendations of the Child
Welfare Services Workload Study of 2000. Unfortunately, the recommendations were never fully
funded. In the meantime, caseload demands have continued to increase. As a result, California has
steadily fallen behind in addressing social worker caseloads.
AB 190 would implement the recommendations of the SB 2030 Task Force through a phased-in
approach. Starting in 2007-08, the budgeting standard would incrementally change and be fully
implemented by the end of 2011-12 fiscal year. The bill states legislative intent to fully fund the
budget developed using the standards as they are phased in.
AB 190 would implement the optimal workload standards over five years.
Assembly Bill 324: AB 324 will provide critical supports and services to foster and adoptive parents
caring for children who have been abused and neglected. Ancillary services will help recruit and
retain foster parents, relatives and adoptive parents who can provide supportive, loving, stable
homes for foster children. It increases the basic rates paid to foster parents, and it creates a Foster
and Adoptive Parent Recruitment, Retention and Support Program to enhance statewide and local
efforts to support foster and adoptive parents.
When it is necessary to remove children from their homes, every effort is made to place them with a
relative. When that option is not available, children must be placed in foster homes. Foster families
provide care and supervision to foster children and are an important alternative to placing children
into more costly institutional settings such as group homes. Foster parents also work in partnership
with county social workers, helping to identify and resolve the on-going needs of children, and
facilitating the receipt of important services for foster children including medical and mental health
services. Increasingly, foster parents are working with the birth families to support family reunification
efforts between children and their birth families.
Recruitment for foster families from the local community is critical to the welfare children placed in out
of home care. When children can stay in their local communities, they are able to attend the same
school, retain their friends, and be in close contact with other resources they are most familiar with.
Board Order Supporting Page 2
AB 190, AB 324, AB 340, April 17, 2007
SB 720, SB 776
Foster Parents Need Adequate Support. Unfortunately, state efforts to recruit, retain and support
these caregivers are woefully inadequate. California has not increased the reimbursement rates for
foster family home placements in over six years. As a result, the basic rate, which pays for only
board and care costs for a foster child, has remained static, despite the fact that the cost of living has
increased over 24% since 2001 (based on CNI changes over this time). In fact, the State now pays
less to care for a foster child than the average kennel charges to board and feed a dog. Kennels
charge an average of$620 per month to care for a dog, compared to the average cost of $505 per
month for basic board and care for a foster child.
AB 324 promotes family placements and permanency for foster youth by encouraging parity in
covering the costs of board and care of foster children placed into non-institutional, family-based
settings through rate increases not seen in more than six years. In addition, the State-administered
fund will support locally-driven efforts to recruit and retain foster and adoptive families in ways that
best meet families' needs. These efforts will help to recruit and retain families to provide stable, long-
term homes for foster children and support both federal and state outcome improvement efforts in
the child welfare system.
Assembly Bill 340: AB 340 will streamline the process for licensing and approving relatives, foster
families and adoptive parents who care for children who are abused and neglected. The pilot project
authorized by this bill will help connect foster children with families who are prepared and able to
provide supportive and nurturing homes for them.
AB 340 will:
• Create a pilot project in five volunteer counties selected by the Department of Social Services,
and applies this process to new, incoming families in those selected counties.
• Merge multiple, duplicative and confusing processes into a single, unified process that
preserves and exceeds the existing health and safety requirements for foster family home
licenses.
• Retain comprehensive safety checks as in current law, including criminal background check
requirements and home inspections, and adds an assessment of important factors to identify
potential risks and needs for additional supports for the family in caring for a foster child early
in the process.
• Assure continuous state oversight and accountability in a state-supervised, county-
administered model by clearly delineating both state and county responsibilities in the pilot
project.
AB 340 will create a family-friendly system and promote permanent family connections. It will do this
by:
➢ Focusing first on the child
➢ Building on the existing system to increase safety and permanency
Board Order Supporting Page 3
AB 190, AB 324, AB 340, April 17, 2007
SB 720, SB 776
i
Emphasizing accountability and efficiency
➢ Resourcing families as partners
➢ Supporting federal and state outcome improvement efforts in child welfare
Senate Bill 720: SB 500 (Kuehl) became law in 2005 and was a win-win: It encouraged the joint
placement of infants and their teen parents (usually the mother) when both fall within the jurisdiction
of the juvenile dependency court, while allowing the state and counties to maximize federal funds for
these youth and their babies. The bill created a new type of licensed placement for pregnant and
parenting teens who are in foster care, in which the teens and their children will be supported by
trained, caring foster parents whose goal is to help the teen make a successful transition to
independent adulthood.
However, once SB 500 was implemented, three areas were identified for clean-up:
1. Group home placements: The proposed solution is to clarify the law to ensure that group
homes would receive the standard $848 monthly payment for dependent babies placed
together with their dependent parents, rather than the $5,00046,000 monthly payment.
2. Existing placements: The proposed solution is to clarify the definition of"whole family foster
homes" to make clear that both existing and new foster homes can become "whole family"
homes.
3. Non-related legal guardians: The proposed solution is to clarify the definition of"whole family
foster homes" to specifically include non-related legal guardians in the list of caregivers who
may become "whole family" placements.
The purpose of SB 500 was to encourage foster parents and relative caregivers to become
caregivers of foster teens with children and receive fiscal incentives to provide the quality of care and
support needed to help the teens develop their parenting skills. The bill's intent was to encourage the
recruitment and retention of foster and relative caregivers who can offer quality services in the least
restrictive environment. The intent was to create a wide range of family-like placement resources and
reduce the current reliance on group homes for pregnant and parenting foster teens.
Due to inadvertent drafting errors, group homes could have an increased incentive to create
programs for pregnant and parenting teens placed with their infants, while existing care providers and
non-related legal guardians may not be able to take advantage of the new whole family placement
option.
Savings will be realized as dependent babies placed with dependent parents in these homes will
receive $848 per month rather than $5,000 to $6,000 per month. The savings should more than
offset the cost for payments to additional whole family homes brought into the program by clarifying
the definition in the Welfare and Institutions Code. The costs will be further offset by savings due to
improved placements, fewer placement disruptions, fewer filings of dependency on infants whose
mothers are in foster care, and improved success in teaching these young women the parenting skills
Board Order Supporting Page 4
AB 190, AB 324, AB 340, April 17, 2007
SB 720, SB 776
they need to break the cycle of abuse and neglect.
Senate Bill 776: Current law permits the transfer of criminal records clearances or exemptions
granted for foster family homes and certified homes of foster family agencies between community
care licensing facilities (CCL) and county welfare agencies. This authority, as currently interpreted by
the Department of Justice (DOJ), does not extend to relative and non-relative extended family
members (NREFM).
Currently, unlike county and state licensed foster family/certified foster family agency homes, each
time an approved relative foster care provider or non-relative extended family member (NREFM) care
provider relocates between counties, the receiving county or CCL facility must undertake the cost of
reprocessing background checks (Live-Scan) for all adults in the home. This results in increased
costs for the receiving county, delays in re-approval of the care provider, and a disruption of any
AFDC-FC services to the foster youth and care provider.
This bill would create some parity among county approved relative/NREFM foster care providers by
granting the statutory authority to permit the same criminal record clearances/sub-arrest notices and
exemptions for these providers to transfer between CCL facilities and county child welfare agencies
as current law allows for licensed family homes.
With the Board's approval of the Recommendation, EHSD Director Joe Valentine will then send
letters of support to the appropriate legislators.
Board Order Supporting Page 5
AB 190, AB 324, AB 340, April 17, 2007
SB 720, SB 776
CALIFORNIA LEGISLATURE-2007-0 REGULAR SESSION
ASSEMBLY BILL No. 190
Introduced by Assembly Member Bass
January 25, 2007
An act to add Section 10609.10 to the Welfare and Institutions Code,
relating to child welfare.
LEGISLATIVE COUNSEL'S DIGEST
AB 190, as introduced, Bass. Child welfare services.
Existing law requires each county to provide child welfare services,
and provides for the administration of various child welfare services
pursuant to regulations and procedures adopted by the State Department
of Social Services.
Existing law requires the State Department of Social Services to
contract with an appropriate and qualified entity to conduct an evaluation
of the adequacy of current child welfare services budgeting
methodology, and to convene an advisory group. Pursuant to existing
law, the Director of Social Services has convened an advisory group,
the Child Welfare Services Stakeholders Group, to address concerns
facing the child welfare system.
Existing law requires the state to annually designate $98,000,000
from specified Budget Act items for county child welfare services
system improvement. Existing law further requires the department to
work with the County Welfare Directors Association,among others,to
develop and submit to the Legislature by February 1, 2007,a proposed
methodology for budgeting these child welfare services program funds,
to be applicable commencing with the 2007-08 fiscal year,as specified.
This bill would require the state to budget the child welfare services
program, exclusive of specified state funding, in accordance with
99
AB 190 —2—
specified optimal caseload standards recommended by the Child Welfare
Services Stakeholders Group.This bill would require the new budgeting
standards to be phased in over a 5-year period, commencing with the
2007-08 fiscal year, and to be fully implemented by the end of the
2011-12 fiscal year. This bill would also require these new standards
to reflect county-specific cost factors, as estimated pursuant to a
specified provision of existing law.
This bill would further require the department,commencing in January
2008, to annually update the recommended budgeting standards, as
specified. The bill would require a county to provide funds sufficient
to match the county's base funding allocation for child welfare services
in order to be eligible for the increased funding provided for by the bill.
This bill would require the county to develop a plan for the use of their
additional funds, and would require the county's system improvement
plan, developed pursuant to a specified provision of existing law, to be
modified to include the plan required by the bill.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. The Lcgislature finds and declares all of the
2 following:
3 (a) The standards used to determine child welfare social worker
4 caseloads were developed in the mid-1980s and are now over 20
5 years old. The 1984 standards that are currently referenced in the
6 State Department of Social Services'budget materials are no longer
7 relevant,given the number of changes to the program over the last
8 20 years.
9 (b) The child welfare services workload study conducted by an
10 independent contractor pursuant to Section 10609.5 of the Welfare
11 and Institutions Code concluded that child welfare social workers
12 currently bear caseloads that are far in excess of what is reasonable
13 to meet the requirements of existing statutory and case law.
14 (c) The findings and recommendations of the child welfare
15 services workload study were highly consistent with the standards
16 established by national child welfare organizations, such as the
17 Child Welfare League of America, and with numerous standards
18 that have been imposed on states by consent decrees and court
19 orders.
99
-3— AB 190
1 (d) Since the 2000 publication of the child welfare services
2 workload study,federal and state governments and the courts,have
3 increased the workload on child welfare workers.
4 (c) California's child welfare system is now severely
5 understaffed as a result of these out-of-date caseload standards.
6 (f) The effects of excessive child welfare worker caseloads on
7 children and their families can be devastating and may include all
8 of the following:
9 (1) Inadequate response to reports of child abuse and neglect.
10 (2) Inability to ensure that out-of-home placements are
ll appropriate.
12 (3) Reduced monitoring of children in out-of-home placements.
13 (4) Reduced service to families attempting to reunify with their
14 children.
15 (5) Poor outcomes for foster youth and their families with
16 children in foster care.
17 SEC. 2. Section 10609.10 is added to the Welfare and
18 Institutions Code, to read:
19 10609.10. (a) Consistent with the schedule described in
20 subdivision (b), the state shall budget the child welfare services
21 program, excluding state funding referred to in paragraph (1) of
22 subdivision(c),in accordance with the following optimal caseload
23 standards recommended by the study required by Section 10609.5:
24 (1) Screening,hotline, and intake: one worker per 68.70 cases.
25 (2) Emergency response: one worker per 9.88 cases.
26 (3) Family maintenance: one worker per 10.15 cases.
27 (4) Family reunification: one worker per 11.94 cases.
28 (5) Permanency planning: one worker per 16.42 cases.
29 (b) The budgeting standards described in subdivision (a) shall
30 be phased in over a five-year period, commencing with the
31 2007-08 fiscal year, so that 20 percent of the difference between
32 the 2006-07 fiscal year appropriation and the appropriation based
33 on the optimal caseload standards would be funded, until. that
34 difference is eliminated in the 2011-12 fiscal year.
35 (c) In order to be eligible for its share of the funds described in
36 this section, a county shall do all of the following:
37 (1) Provide county matching funds sufficient to fully match the
38 county's base funding allocation,not including any of the county's
39 child welfare services augmentation funds.
99
AB 190 —4-
1
4-1 (2) In consultation with individuals representing social workers,
2foster youth, families, and parents in the child welfare services
3 system,develop a plan for the use of the additional funding in this
4 section to provide social workers with additional time or support
5 to enhance casework and the outcomes for children and families
6 described in Section 10601.2. Plan elements may include,but are
7 not limited to, reduced caseloads of social workers, additional
8 clerical.,paraprofessional,and support staff to allow social workers
9 more time for casework and client contact,and additional.services
10 for youth and families to assist workers in helping children and
11 families achieve case plan goals and improve outcomes.
12 (3) By January 1, 2008, modify the county's system
13 improvement plan developed pursuant to Section 10601.2 to
14 include the county plan required by paragraph (2)and the specific
15 outcomes that the county intends to improve through the
16 implementation of the plan.
17 (4) Annually,or more frequently at the county's option, review
18 its progress on the implementation of the plan required by
19 paragraph (2) and performance on the identified outcomes, and
20 consult with social workers,foster youth,and families in the child
21 welfare system on possible modifications to the plan necessary to
22 achieve improved outcomes.
23 (d) Commencing in January 2008,the department shall annually
24 update the recommended budgeting standards described in
25 subdivision(a)based on statutory,regulatory,and practice changes
26 that have occurred since the most recent update.
27 (e) In establishing compliance thresholds for outcome measures
28 developed pursuant to Section 10601.2, the department shall take
29 into consideration the extent to which the child welfare system is
30 funded to meet the budgeting standards required by this section.
31 (f) The budgeting standards described in subdivision (a) shall
32 reflect county-specific cost factors as estimated by the process
33 described in Section 10507.
O
99
AMENDED IN ASSEMBLY MARCH 22, 2007
CALIFORNIA I.EGfSLATURE-2007-O8 REGULAR SESSION
ASSEMBLY BILL No. 324
Introduced by Assembly Member Beall
February 13, 2007
An act to amend Section 11461 of, and to add Chapter 1.5
(commencing with Section 16030)to Part 4 of Division 9 of,the Welfare
and Institutions Code, relating to foster care, and making an
appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 324, as amended, Beall. Foster care.
Existing law provides for the Aid to Families with Dependent
Children-Foster Care(AFDC-FC)program for children who have been
removed from their homes in certain instances, and establishes the rate
of foster care provider payments with respect to children placed in a
licensed or approved family home with a capacity of 6 or less or in an
approved home of a relative or nonrelative legal guardian.Existing law
provides for the adjustment of those rates at specified times.
Existing law requires the schedule of basic AFDC-FC rates to be
adjusted by the percentage changes in the California Necessities Index,
computed pursuant to a specified methodology, and subject to the
availability of funds.In addition,existing law required,effective January
1,2000,the basic rate to be increased by 2.36%,rounded to the nearest
dollar.
Existing law requires, except with respect to a specified fiscal year,
that counties that receive state participation for a basic rate in excess
of the existing basic rate schedule shall receive an annual increase in
state participation of '/,. of the percentage changes specified above,
98
AB 324 —2—
rather
2—rather than the entire amount, until the difference between the county's
adjusted state participation level and the adjusted schedule of basic rates
is eliminated.
This bill, notwithstanding existing law, would additionally provide
for an increase in the schedule of basic rates by 5% effective January
1, 2008, and, annually, by the percentage changes in the California
Necessities Index, computed pursuant to the methodology specified
under existing law for the 2008-09, 2009-10, 2010-11, and 2011-12
fiscal years. The bill would require all counties to receive increased
state participation for the basic rate of the entire percentage adjustment,
described in the bill,notwithstanding existing law.By requiring counties
to comply with the rate adjustments, this bill would impose a
state-mandated local program.
Existing law continuously appropriates funds for allocation to each
county for the adequate care of children of each child eligible to receive
AFDC-FC foster care. By requiring the adjustment in the amount of
money allocated under the AFDC-FC program, and increasing the
required level of state participation, this bill would result in an
appropriation.
This bill would also require the State Department of Social Services
to administer the Foster and Adoptive Parent Recruitment
Retention, and Support Program, created by this bill, would establish
procedures for counties to elect to participate in the program,and would
programmake fttnding of the
Budget Aet or another aet appropriate $25,000..000.r ons the General
Fund to the department to fiord the program, as specified.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these statutory
provisions.
Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of Cali/67-nia do enact as follows:
1 SECTION 1. Section 11461 of the Welfare and Institutions
2 Code is amended to read:
98
-3— AB 324
1 11461. (a) For children placed in a licensed or approved family
2 home with a capacity of six or less, or in an approved home of a
3 relative or nonrelated legal guardian, or the approved home of a
4 nonrelative extended family member as described in Section 362.7,
5 the per child per month rates in the following schedule shall be in
6 effect for the period July 1, 1989, through December 31, 1989:
7
8 Age Basic rate
9 0-4........................................................................................... $ 294
10 5-8........................................................................................... 319
11 9-11......................................................................................... 340
12 12-14......................................................................................... 378
13 15-20......................................................................................... 412
14
15 (b) (1) Any county that, as of October 1, 1989, has in effect a
16 basic rate that is at the levels set forth in the schedule in subdivision
17 (a), shall continue to receive state participation, as specified in
18 subdivision (c) of Section 15200, at these levels.
19 (2) Any county that, as of October 1, 1989,has in effect a basic
20 rate that exceeds a level set forth in the schedule in subdivision
21 (a), shall continue to receive the same level of state participation
22 as it received on October 1, 1989.
23 (c) The amounts in the schedule of basic rates in subdivision
24 (a) shall be adjusted as follows:
25 (1) Effective January 1, 1990, the amounts in the schedule of
26 basic rates in subdivision(a) shall be increased by 12 percent.
27 (2) Effective May 1, 1990, any county that did not increase the
28 basic rate by 12 percent on January 1, 1990, shall do both of the
29 following:
30 (A) Increase the basic rate in effect December 31, 1989, for
31 which state participation is received by 12 percent.
32 (B) Increase the basic rate,as adjusted pursuant to subparagraph
33 (A)by an additional 5 percent.
34 (3) (A) Except as provided in subparagraph (B), effective July
35 1, 1990, for the 1990-91 fiscal year, the amounts in the schedule
36 of basic rates in subdivision(a)shall be increased by an additional
37 5 percent..
38 (B) The rate increase required by subparagraph(A)shall not be
39 applied to rates increased May 1, 1990,pursuant to paragraph (2).
98
AB 324 —4-
1
4-1 (4) Effective July 1, 1998, the amounts in the schedule of basic
2 rates in subdivision (a) shall be increased by 6 percent.
3 Notwithstanding any other provision of law,the 6-percent increase
4 provided for in this paragraph shall, retroactive to July 1, 1998,
5 apply to every county, including any county to which paragraph
6 (2) of subdivision (b) applies, and shall apply to foster care for
7 every age group.
8 (5) Notwithstanding any other provision of law, any increase
9 that takes effect after July 1, 1998, shall apply to every county,
10 including any county to which paragraph (2) of subdivision (b)
11 applies, and shall apply to foster care for every age group.
12 (6) The increase in the basic foster family home rate shall apply
13 only to children placed in a licensed foster family home receiving
14 the basic rate or in an approved home of a relative or nonrelative
15 extended family member, as described in Section 362.7 or
16 nonrelated legal guardian receiving the basic rate. The increased
17 rate shall not be used to compute the monthly amount that may be
18 paid to licensed foster family agencies for the placement of children
1.9 in certified foster homes.
20 (d) (1) (A) Beginning with the 1991-92 fiscal year, the
21 schedule of basic rates in subdivision (a) shall be adjusted by the
22 percentage changes in the California Necessities Index,computed
23 pursuant to the methodology described in Section 11453, subject
24 to the availability of funds.
25 (B) In addition to the adjustment in subparagraph(A) effective
26 January 1,2000,the schedule of basic rates in subdivision(a)shall
27 be increased by 2.36 percent rounded to the nearest dollar.
28 (C) Notwithstanding any other provision of law, in addition to
29 the adjustments in subparagraphs (A) and (B), effective January
30 1, 2008, the schedule of basic rates in subdivision (a) shall be
31 increased by 5 percent, rounded to the nearest dollar.
32 (D) Notwithstanding any other provision of law,in the 2008-09,
33 2009-10,2010-11,and 2011-12 fiscal years,the schedule of basic
34 rates in subdivision (a), as adjusted pursuant to subdivisions (b)
35 and (c), and subparagraphs (A), (B), and (C), shall be adjusted
36 annually by the percentage changes in the California Necessities
37 Index,computed pursuant to the methodology described in Section
38 11453.
39 (2) (A) Any county that,as of the 1991-92 fiscal year,receives
40 state participation for a basic rate that exceeds the amount set forth
98
-5— AB 324
1 in the schedule of basic rates in subdivision (a) shall receive an
2 increase each year in state participation for that basic rate of
3 one-half of the percentage adjustments specified in paragraph (1)
4 until the difference between the county's adjusted state
5 participation level for its basic rate and the adjusted schedule of
6 basic rates is eliminated.
7 (B) Notwithstanding subparagraph (A), all counties for the
8 1999-2000 fiscal year shall receive an increase in state participation
9 for the basic rate of the entire percentage adjustment described in
10 paragraph (1).
1 l (C) Notwithstanding subparagraph(A),all counties shall receive
12 an increase in state participation for the basic rate of the entire
13 percentage adjustments described in subparagraphs (C) and (D)
14 of paragraph (1).
15 (3) If a county has, after receiving the adjustments specified in
16 paragraph (2), a state participation level for a basic rate that is
17 below the amount set forth in the adjusted schedule of basic rates
18 for that fiscal year, the state participation level for that rate shall
19 be further increased to the amount specified in the adjusted
20 schedule of basic rates.
21 (e) (1) As used in this section, "specialized care increment"
22 means an approved amount paid with state participation on behalf
23 of an AFDC-FC child requiring specialized care to a home listed
24 in subdivision (a) in addition to the basic rate. On the effective
25 date of this section, the department shall continue and maintain
26 the current ratesetting system for specialized care.
27 (2) Any county that, as of the effective date of this section, has
28 in effect specialized care increments that have been approved by
29 the department, shall continue to receive state participation for
30 those payments.
31 (3) Any county that, as of the effective date of this section, has
32 in effect specialized care increments that exceed the amounts that
33 have been approved by the department, shall continue to receive
34 the same level of state participation as it received on the effective
35 date of this section.
36 (4) (A) Except for subparagraph (B), beginning January 1,
37 1990, specialized care increments shall be adjusted in accordance
38 with the methodology for the schedule of basic rates described in
39 subdivisions(c)and(d).No county shall receive state participation
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AB 324 —6-
1
6-1 for any increases in a specialized care increment that exceeds the
2 adjustments made in accordance with this methodology.
3 (B) Notwithstanding subdivision (e) of Section 11460, for the
4 1993-94 fiscal year, an amount equal to 5 percent of the State
5 Treasury appropriation for family homes shall be added to the total
6 augmentation for the AFDC-FC program in order to provide
7 incentives and assistance to counties in the area of specialized
8 care. This appropriation shall be used, but not limited to,
9 encouraging counties to implement or expand specialized care
10 payment systems, to recruit and train foster parents for the
11 placement of children with specialized care needs,and to develop
12 county systems to encourage the placement of children in family
13 homes. It is the intent of the Legislature that in the use of these
14 funds, federal financial participation shall be claimed whenever
15 possible.
16 (f) (1) As used in this section, "clothing a]Iowance"means the
17 amount paid with state participation in addition to the basic rate
18 for the provision of additional clothing for an AFDC-FC child,
19 including, but not limited to, an initial supply of clothing and
20 school or other uniforms.
21 (2) Any county that, as of the effective date of this section,has
22 in effect clothing allowances, shall continue to receive the same
23 level as it received on the effective date of this section.
24 (3) Beginning January 1, 1990,except as provided in paragraph
25 (4), clothing allowances shall be adjusted annually in accordance
26 with the methodology for the schedule of basic rates described in
27 subdivision (c) and (d). No county shall be reimbursed for any
28 increases in clothing allowances that exceed the adjustments made
29 in accordance with this methodology.
30 (4) For the 2000-01 fiscal year and each fiscal year thereafter,
31 without a county share of cost,notwithstanding subdivision(c)of
32 Section 15200, each child shall be entitled to receive a
33 supplemental clothing allowance of one hundred dollars ($100)
34 per year subject to the availability of funds.The clothing allowance
35 shall be used to supplement, and not supplant, the clothing
36 allowance specified in paragraph (1).
37 SEC.2. Chapter 1.5(commencing with Section 16030)is added
38 to Part 4 of Division 9 of the Welfare and Institutions Code, to
39 read:
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1 CHAPTER 1.5. FOSTER AND ADOPTIVE PARENT nt�._�_.._.
2 AND RETENT RECRUITMENT AND RETENTION,AND SUPPORT
3 PROGRAM
4
5 16030. (a) The Legislature finds and declares that there is an '
6 urgent need to recruit and retain licensed foster family homes,
7 relative caregivers,and adoptive parents,to provide children placed
8 in out-of-home placements, in the least restrictive and the most
9 family-like setting possible.
10 (b) 14 is the infetit of the Legislature to assist eounties in the
11 reeFditmettt and retention of these plaeementsby ereating the Fostef
12 .
13 (b) R is the intent of the Legislature to encourage the recruitment
14 and retention ofqualityfostercaregivers, including licensedfoster-
15 _farrrily horrres, relative caregivers, and adoptive parents, by
16 creating the Faster crud Adoptive Parent Recriritinerrt, Retention,
17 and Support Program.
1.8 16031. There is hereby established the Foster and Adoptive
19 Parent Recruitment and Retentiom Retention, and Support Program.
20 16032. The State Department of Social Services shall
21 administer the Foster and Adoptive Parent Recruitment
22 Retention, Retention, and Support Program, in consultation with
23 the County Welfare Directors Association and representatives of
24 foster caregivers, as appropriate.
25 16033. (a) Recruitment and retention activities allowed under
26 the program shall include,but not be limited to:
27 (1) Supplemental payments to foster family homes that care for
28 sibling groups.
29 (2) Respite care, or other necessary short-term temporary or-
30 intermittent child care.
31 (3) Advertising and media marketing recruitment campaigns.
32 (4) First- and third-party liability insurance to cover property
33 damage.
34 (5) The use of county-based foster parent and relative caregiver
35 advocates to support and work on behalf of foster parents and
36 relative caregivers.
37 (6) The use of foster parents, relative caregivers, and adoptive
38 parents as recruiters,and additional support for those foster parents,
39 relative caregivers, and adoptive parents.
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AB 324 —8-
1
8-1 (7) Additional retention supports, including one-time costs of
2 purchasing items, including, but not limited to, beds and school
3 uniforms.
4 (8) Other locally designed recruitment and fetentioft, retention,
5 and support activities, as appropriate.
6 (b) A county that elects to participate in the program shall submit
7 an annual foster parent, relative caregiver, and adoptive parent
8 recruitment and fetetition, retention, and support plan to the State
9 Department of Social Services. Participating counties shall work
10 with organizations representing current and former foster youth,
11 foster family homes, relative caregivers, adoptive parents, and
12 other interested groups to create the plan.
13 (c) Participating counties shall submit annually, a
14 self-assessment of the effectiveness of the local recruitment
15 retent=ie . retention, and support activities by increasing the number
16 of foster family, relative, and adoptive homes and increasing the
17 retention of those homes.
18 (d) Annual funding allocations shall be determined by the
19 department, in consultation with the County Welfare Directors
20 Association.
21 (e) Funding for the Foster and Adoptive Parent Reerttitrnem
22 and Retention Pfogram is stibjeet to appropriation in the annual
23 Budget Aet or atiother statute. Funding Fof the prace"f-ft"i Shall
24 pt:ovided without a eounty mateh requirement and may be used as
25 a mateh to draw down fedefal ftinding resoufees, as appmpriate.
26 (e) (1) The sura of twenty five million dollars ($25,000,000) is
27 hereby appropriated from the General Fund to the State
28 Department of Social Sen4ces for the purpose offirnding the Foster
29 and Adoptive Parent Recruitment,Retention,and Support Program.
30 Of the appropriated amount, the department shall use five million
31 dollars($5,0000,000)to enhance statewide caregiver recruitment,
32 retention, and support activities, which may include, but shall not
33 be limited to, skills development, education, training, and
34 continuing education programs,facilitating caregiverparticipation
35 in these programs, and enabling participation in policy and
36 program discussions.
37 (2) Funding for the program shall be provided without a county
38 match requirement.Funding rnav be used as a match to draw down
39 ,federal funding resources, as appropriate.
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1 SEC. 3. If the Commission on State Mandates determines that
2 this act contains costs mandated by the state, reimbursement to
3 local agencies and school districts for those costs shall be made
4 pursuant to Part 7 (commencing with Section 17500) of Division
5 4 of Title 2 of the Government Code.
O
98
AMENDED IN ASSEMBLY MARCH 22, 2007
CALIFORNIA LEGISLATURE-2007-O8 REGULAR SESSION
ASSEMBLY BILL No. 340
Introduced by Assembly Member Hancock
February 14, 2007
An act to amend Section 8712 of the Family Code, and to add
Sections 16519 and 16519.5 to the Welfare and Institutions Code,
relating to public social services,and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 340, as amended, Hancock. Child welfare services: resource
family pilot program.
Existing law requires the placement of dependent children by the
juvenile court according to specified procedures. Existing law requires
the state, through the State Department of Social Services and county
welfare departments, to establish and support a system of statewide
child welfare, which includes services related to foster care placement
of dependent children and adoption. Existing law provides for the
licensure of foster care providers,and the approval of adoptive parents.
This bill.would require the State Department of Social Services, in
consultation with county welfare agencies,to implement a pilot program
to establish a unified resource family approval process to replace the
existing multiple processes for licensing foster family homes,approving
relatives and nonrelated extended family members as foster care
providers,and approving adoptive families,as provided in the bill.The
bill would define a resource family for its purposes as an individual or
couple that a participating county has approved to care for a related or
unrelated child who is under the jurisdiction of the juvenile court or
otherwise in the care of a county child welfare agency.
98
AB 340 —2—
This
2—This bill would require the department-to,prior to implementing the
pilot program, to promulgate standards for home approval and
permanency assessment for placing children in a resource family.
This bill would require the pilot program to be conducted in up to 5
counties that volunteer to participate. It would authorize the pilot
program to continue through the 2010-11 fiscal year,or for 3 full fiscal
years following the receipt of funding for the program, whichever is
later.
Existing law establishes the Aid to Families with Dependent
Children-Foster Care (AFDC-FC) program, under which counties
provide payments to foster care providers on behalf of qualified children
in foster care.The program is funded by a combination of federal,state,
and county funds, with moneys from the General Fund being
continuously appropriated to pay for the state's share of AFDC-FC
costs. Existing law requires that a child be in one of 7 designated
placements in order to be eligible for AFDC-FC.
This bill also would require a child placed in a resource family home
that meets specified standards to be eligible for AFDC-FC. By
expanding eligibility standards for AFDC-FC benefits, this bill would
make an appropriation. The bill would provide that a resource family
be paid a specified AFDC-FC rate, and would apply existing sharing
ratios for state financial participation.
This bill would make its implementation contingent upon the
continued availability of federal funds for costs associated with the
placement of children with resource families as provided in the bill.
The bill would also set forth specified responsibilities for the
department and counties participating in the pilot program for
implementing and enforcing standards provided in the bill.
Existing law requires the State Department of Social Services or
licensed adoption agency to require each person filing an application
for adoption to be fingerprinted,and to secure from an appropriate law
enforcement agency any criminal record of that person to determine
whether the person has ever been convicted of a crime other than a
minor traffic violation, and authorizes the department or a licensed
adoption agency to secure the person's full criminal record, if any.
This bill would require that any federal level criminal offender record
requests submitted to the Department of Justice be submitted with
fingerprint images and related information required by the Department
of Justice,as specified.The bill would require the Department of Justice
to forward any such record requests received pursuant to those
98
-3— AB 340
provisions to the Federal Bureau of Investigation (FBI), to review the
information returned to the department from the FBI, and to compile
and disseminate a response to the State Department of Social Services
or to the licensed adoption agency.
Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of Califbrnia do enact as.follows:
1 SECTION 1. Section 8712 of the Family Code is amended to
2 read:
3 8712. (a) The department or licensed adoption agency shall
4 require each person filing an application for adoption to be
5 fingerprinted and shall secure from an appropriate law enforcement
6 agency any criminal record of that person to determine whether
7 the person has ever been convicted of a crime other than a minor
8 traffic violation. The department or a licensed adoption agency
9 may also secure the person's full criminal record, if any. Any
10 federal level criminal offender record requests to the Department
11 of Justice shall be submitted with fingerprint images and related
12 information required by the Department of Justice for the purposes
13 of obtaining information as to the existence and content of a record
14 of an out-of-state or federal conviction or arrest of a person or
15 information regarding any out-of-state or federal crimes or arrests
16 for which the Department of Justice establishes that the person is
17 free on bail, or on his or her own recognizance pending trial or
18 appeal. The Department of Justice shall forward to the Federal
19 Bureau of Investigation any such requests for federal summary
20 criminal history information received pursuant to this section.The
21 Department of Justice shall review the information returned from
22 the Federal Bureau of Investigation and shall compile and
23 disseminate a response to the department or a licensed adoption
24 agency.
25 (b) The criminal record,if any,shall be taken into consideration
26 when evaluating the prospective adoptive parent,and an assessment
27 of the effects of any criminal history on the ability of the
28 prospective adoptive parent to provide adequate and proper care
29 and guidance to the child shall be included in the report to the
30 court.
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AB 340 —4-
1
4-1 (c) Any fee charged by a law enforcement agency for
2 fingerprinting oir for checking or obtaining the criminal record of
3 the applicant shall be paid by the applicant. The department or
4 licensed adoption agency may defer,waive,or reduce the fee when
5 its payment would cause economic hardship to prospective adoptive
6 parents detrimental to the welfare of the adopted child, when the
7 child has been in the foster care of the prospective adoptive parents
8 for at least one year, or if necessary for the placement of a
9 special-needs child.
10 SEC.2. Section 16519 is added to the Welfare and Institutions
11 Code, to read:
12 16519. The Legislature finds and declares the following:
13 (a) Safety,permanency,and well-being are crucial for the more
14 than 82,000 California children in foster care, and are paramount
15 to achieving both federal and state child welfare system
16 improvement goals. Foster children need safe homes with
17 permanent connections to family or other caring adults.The current
18 licensing and approval system, which screens families to care for
19 foster children, fails to support these outcomes.
20 (b) Children in foster care live in a variety of out-of-home care
21 settings: licensed foster family homes, approved relative and
22 nonrelated extended family member homes,foster family agencies,
23 and group homes. All of these placement types, considered
24 facilities under current law, are required to meet the respective
25 health and safety standards in order to be licensed or approved.
26 This has produced administrative inefficiencies and confusion
27 among stakeholders,and has contributed to difficulty in recruiting
28 suitable foster family homes for children in out-of-home care.
29 Increasing the number of available suitable homes will improve
30 the likelihood that the best home will be initially identified to meet
31 a child's particular needs.
32 (c) Child safety and well-being are not achieved solely by
33 ensuring that the home the child is placed in is free from physical
34 hazards and that adults living in the home do not have disqualifying
35 criminal convictions or past reports of child abuse. Child safety
36 and well-being are also dependent upon consideration of the
37 resource family's psychosocial history that includes physical health,
38 mental health, alcohol and substance abuse, family violence or
39 abuse, and experience caring for children.
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1 (d) Research shows that children in out-of-home care placed
2 with relatives and nonrelated extended family members are more
3 stable, more likely to be placed with siblings, and more likely to
4 stay connected to their community and extended family.California
5 statutory and regulatory provisions should maximize the likelihood
6 that a child will initially be placed in the care of a safe relative or
7 nonrelated extended family member who is willing to provide
8 permanent care if reunification cannot be achieved.
9 (e) Families living in the same neighborhood as a family from
10 which a child has been removed are often best suited to provide
11 for the immediate placement needs of that child.
12 (f) Families who provide care to children in out-of-home
13 placement are a valuable resource to the people of this state and
14 to the children for whom they provide care.
15 SEC. 3. Section 16519.5 is added to the Welfare and
16 institutions Code, to read:
17 16519.5. (a) The State Department of Social Services, in
18 consultation with county child welfare agencies, foster parent
19 associations, and other interested community parties, shall
20 implement a pilot program to establish a unified, family friendly,
21 and child-centered resource family approval process to replace the
22 existing multiple processes for licensing foster family homes,
23 approving relatives and nonrelated extended family members as
24 foster care providers, and approving adoptive families.
25 (b) Up to five counties shall be selected to participate on a
26 voluntary basis in the pilot program,according to criteria developed
27 by the department in consultation with the County Welfare
28 Directors Association. In selecting the pilot counties, the
29 department shall promote diversity among the participating
30 counties in terms of size and geographic location.
31 (c) (1) For the purposes of this section,"resource family'means
32 an individual or couple that a participating county determines to
33 have successfully met both the home approval standards and the
34 permanency assessment criteria adopted pursuant to subdivision
35 (d) necessary for providing care for a related or unrelated child
36 who is under the jurisdiction of the juvenile court,or otherwise in
37 the care of a county child welfare agency.A resource family shall
38 demonstrate all of the following:
39 (A) An understanding of the safety,permanence,and well-being
40 needs of children who have been victims of child abuse and neglect,
98
AB 340 —6-
1
6-1 and the capacity and willingness to meet those needs, including
2 the need for protection,and the willingness to make use of support
3 resources offered by the agency, or a support structure in place,
4 or both.
5 (B) An understanding of children's needs and development,
6 effective parenting skills or knowledge about parenting, and the
7 capacity to act as a reasonable,prudent parent inToutilte day-to-day
8 decisionmaking.
9 (C) An understanding of his or her role as a resource family and
10 the capacity to work cooperatively with the agency and other
11 service providers in implementing the child's case plan.
12 (D) The financial ability within the household to ensure the
13 stability and financial security of the family.
14 (E) An ability and willingness to maintain the least restrictive
15 and most family-like environment that serves the needs of the child.
16 (2) Subsequent to meeting the criteria set forth in this
17 subdivision and designation as a resource family,a resource family
.18 shall be considered eligible to provide foster care for related and
19 unrelated children in out-of-home placement, shall be considered
20 approved for adoption or guardianship, and shall not have to
21 undergo any additional approval or licensure as long as the family
22 lives in a county participating in the pilot program.
23 (3) Resource family assessment and approval means that the
24 applicant meets the standard for home approval, and has
25 successfully completed a permanency assessment. This approval
26 is in lieu of the existing foster care license, relative or nonrelated
27 extended family member approval, and the adoption home study
28 approval.
29 (4) Approval of a resource family does not guarantee an initial
30 or continued placement of a child with a resource family.
31 (d) Prior to implementation of this pilot program,the department
32 shall adopt standards pertaining to home approval and permanency
33 assessment of a resource family.
34 (1) Resource family home approval standards shall include,but
35 not be limited to, all of the following:
36 (A) (i) Criminal records clearance of all adults residing in the
37 home, pursuant to Section 8712 of the Family Code, utilizing a
38 check of the Child Abuse Central Index (CACI), a check of the
39 Child Welfare Services Case Management System (CWS/CMS),
40 receipt of a fingerprint-based state criminal offender record
98
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1 information search response,and submission of a fingerprint-based
2 federal criminal offender record information search.
3 (ii) Consideration of any prior allegations of child abuse or
4 neglect against either the applicant or any other adult residing in
5 the home. An approval may not be granted to applicants whose
6 criminal record indicates a conviction for any of the offenses
7 specified in clause (i) of subparagraph (A) of paragraph (1) of
8 subdivision(g) of Section 1522 of the Health and Safety Code.
9 (iii) ExemptioT.is from the criminal records clearance
10 requirements set forth in this section may be granted by the director
11 or the pilot county, if that county has been granted permission by
1.2 the director to issue criminal records exemptions pursuant to
13 Section 316.4,using the exemption criteria currently used for foster
14 care licensing as specified in subdivision (g) of Section 1522 of
15 the Health and Safety Code.
16 (B) Buildings and grounds, outdoor activity space, and storage
17 requirements set forth in Sections 89387, 89387.1, and 89387.2
18 of Title 22 of the California Code of Regulations.
19 (C) In addition to the foregoing requirements, the resource
20 family home approval standards shall also require the following:
21 (i) That the applicant demonstrate an understanding about the
22 rights of children in care and his or her responsibility to safeguard
23 those rights.
24 (ii) That the total number of children residing in the home of a
25 resource family shall be no more than the total number of children
26 the resource family can properly care for,regardless of status, and
27 shall not exceed six children, unless exceptional circumstances
28 that are documented in the foster child's case file exist to permit
29 a resource family to care for more children, including but not
30 limited to, the need to place siblings together.
31 (iii) That the applicant understands his or her responsibilities
32 with respect to acting as a reasonable and prudent parent, and
33 maintaining the least restrictive and most,family-like environment
34 that.serves the needs of the child
35 (D) The results of a caregiver risk assessment are consistent
36 with the factors listed in subparagraphs (A) to (D), inclusive, of
37 paragraph(1)of subdivision(c).A caregiver risk assessment shall
38 include,but not be limited to, physical and mental health, alcohol
39 and other substance use and abuse, and family and domestic
40 violence.
98
AB 340 —8-
1
8-1 (2) The resource family permanency assessment standards shall
2 include, but not be limited to, all of the following:
3 (A) The applicant shall complete caregiver training.
4 (B) The applicant shall complete a psychosocial evaluation.
5 (C) The applicant shall complete any other activities that relate
6 to a resource family's ability to achieve permanency with the child.
7 (e) (1) A child may be placed with a resource family that has
8 received home approval prior to completion of a permanency
9 assessment only if a compelling reason for the placement exists
10 based on the needs of the child.
11 (2) The permanency assessment shall be completed within 90
12 days of the child's placement in the approved home, unless good
13 cause exists based upon the needs of the child.
14 (3) If additional time is needed to complete the permanency
15 assessment, the county shall document the extenuating
16 circumstances for the delay and generate a timeframe for the
17 completion of the permanency assessment.
18 (4) The county shall report to the department on a quarterly
19 basis the number of families with a child in an approved home
20 whose permanency assessment goes beyond 90 days and
21 summarize the reasons for these delays.
22 (5) A child may be placed with a relative,as defined in Section
23 319,or nonrelated extended family member,as defined in Section
24 362.7, prior to home approval and completion of the permanency
25 assessment only on an emergency basis if all of the following
26 requirements are met:
27 (A) Consideration of the results of a criminal records check
28 conducted pursuant to Section 16504.5 of the relative or nonrelative
29 extended family member and of every other adult in the home.
30 (B) Consideration of the results of the Child Abuse Central
31 Index (CACI) consistent with Section 1522.1 of the Health and
32 Safety Code of the relative or nonrelative extended family member,
33 and of every other adult in the home.
34 (C) The home and grounds are free of conditions that pose undue
35 risk to the health and safety of the child.
36 (D) For any placement made pursuant to this paragraph, the
37 county shall initiate the home approval process no later than five
38 business days after the placement, which shall include a
39 face-to-face interview with the resource family applicant and child.
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1 (E) For any placement made pursuant to this paragraph,
2 AFDC-FC funding shall not be available until the home has been
3 approved.
4 (F) Any child placed under this section shall be afforded all the
5 rights set forth in Section 16001.9.
6 (f) The State Department of Social Services shall be responsible
7 for all of the following:
8 (1) Selecting pilot counties,based on criteria established by the
9 department in consultation with the County Welfare Directors
10 Association.
11 (2) Establishing timeframes for participating counties to submit
12 an implementation plan, enter into terms and conditions for
13 participation in the pilot program,train appropriate staff,and accept
14 applications from resource families.
15 (3) Entering into terms and conditions for participation in the
16 pilot by counties.
17 (4) Administering the pilot through the issuance of written
18 directives that shall have the same force and effect as regulations.
19 Any directive affecting Article 1 (commencing with Section 700)
20 of Chapter 7 of Title 11 of the California Code of Regulations shall
21 be approved by the Department of Justice. The directives shall be
22 exempt from the rulemaking provisions of the Administrative
23 Procedure Act (Chapter 3.5 (commencing with Section 11340))
24 of Part 1 of Division 3 of Title 2 of the Government Code.
25 (5) Approving and requiring the use of a single standard for
26 resource family home approval and permanency assessment.
27 (6) Adopting and requiring the use of standardized
28 documentation for the home approval and permanency assessment
29 of resource families.
30 (7) Requiring counties to monitor resource families including,
31 but not limited to, all of the following:.
32 (A) Investigating complaints of resource families.
33 (B) Developing and monitoring resource family corrective action
34 plans to correct identified deficiencies and to rescind resource
35 family approval if compliance with corrective action plans is not
36 achieved.
37 (8) Ongoing oversight and monitoring of county systems and
38 operations including all of the following:
39 (A) Reviewing the county's implementation of the pilot
40 program.
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AB 340 —10—
I
l0-1 (B) Reviewing an adequate number of approved resource
2 families in each participating county to ensure that approval
3 standards are being properly applied. The review shall include
4 case file documentation, and may include onsite inspection of
5 individual resource families. The review shall occur on an annual
6 basis, and more frequently if the department becomes aware that
7 a participating county is experiencing a disproportionate number
8 of complaints against individual resource family homes.
9 (C) Reviewing county reports of serious complaints and
10 incidents involving approved resource families, as determined
11 necessary by the department. The department may conduct an
12 independent review of the complaint or incident and change the
13 findings depending on the results of its investigation.
14 (D). Investigating unresolved complaints against participating
15 counties.
16 (E) Requiring corrective action of counties that are not in full
17 compliance with the terms and conditions of the pilot program.
18 (9) Terminating the participation of any county that fails to
19 make corrective action or who otherwise violates the terms and
20 conditions of participation in the pilot.
21 (10) Preparing or having prepared within 180 days after the
22 conclusion of the pilot a report on the results of the pilot. The
23 report shall include all of the following:
24 (A) An analysis, utilizing available data, of state and federal
25 data indicators related to the length of time to permanency
26 including reunification, guardianship and adoption, child safety
27 factors, and placement stability.
28 (B) An analysis of resource family recruitment and retention
29 elements, including resource family satisfaction with approval
30 processes and changes regarding the population of available
31 resource families.
32 (C) An analysis of cost, utilizing available data, including
33 funding sources.
34 (D) An analysis of regulatory or statutory barriers to
35 implementing the pilot program on a statewide basis.
36 (g) Counties participating in the pilot shall be responsible for
37 all of the following:
38 (1) Submitting an implementation plan,entering into terms and
39 conditions for participation in the pilot, training appropriate staff,
98
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1 and accepting applications from resource families within the
2 timeframes established by the department.
3 (2) Complying with the written directives pursuant to paragraph
4 (4) of subdivision(f).
5 (3) Implementing the requirements for resource family home
6 approval and permanency assessment and utilizing standardized
7 documentation established by the department.
8 (4) Ensuring staff have the education and experience necessary
9 to complete the home approval and permanency assessment
10 competently.
11 (5) Approving and denying resource family applications,
12 including all of the following:
13 (A) Rescinding home approvals and resource family approvals
14 where appropriate, consistent with the established standard.
15 (B) Providing disapproved resource families requesting review
16 of that decision due process by conducting county grievance
17 reviews pursuant to the department's regulations.
18 (C) Notifying the department of any decisions denying a
19 resource family's application or rescinding the approval of a
20 resource family.
21 (6) Updating resource family approval annually.
22 (7) Monitoring resource families through all of the following:
23 (A) Ensuring that social workers who identify a condition in
24 the home that may not meet the approval standards set forth in
25 subdivision (d) while in the course of a routine visit to children
26 placed with a resource family take appropriate action as needed.
27 (B) Requiring resource families to comply with corrective action
28 plans as necessary to correct identified deficiencies. If corrective
29 action is not completed as specified in the plan, the county may
30 rescind the resource family approval.
31 (C) Requiring resource families to report to the county child
32 welfare agency any incidents consistent with the reporting
33 requirements for licensed foster family homes.
34 (8) Investigating all complaints against a resource family and
35 taking action as necessary. This shall include investigating any
36 incidents reported about a resource family indicating that the
37 approval standard is not being maintained.
38 (A) The child's social worker shall not conduct the formal
39 investigation into the complaint received concerning a family
40 providing services under the standards required by subdivision
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AB 340 —12—
I
12-1 (d).To the extent that adequate resources are available,complaints
2 shall be investigated by a worker who did not initially perform the
3 home approval or permanency assessment.
4 (B) Upon conclusion of the complaint investigation, the final
5 disposition shall be reviewed and approved by a supervising staff
6 member.
7 (C) The department shall be notified of any serious incidents
8 or serious complaints or any incident that falls within the definition
9 of Section 11165.5 of the Penal Code. If those incidents or
10 complaints result in an investigation, the department shall also be
11 notified as to the status and disposition of that investigation.
12 (9) Performing corrective action as required by the department.
13 (10) Assessing county performance in related areas of the
14 California Child and Family Services Review, and remedying
15 problems identified.
16 (11) Submitting information and data that the department
17 determines is necessary to study, monitor, and prepare the report
18 specified in paragraph (10) of subdivision (f).
19 (h) Approved relatives and nonrelated extended family members,
20 licensed foster family homes, or approved adoptive homes that
21 have completed the license or approval process prior to full
22 implementation of the pilot program shall not be considered part
23 of the pilot program. The otherwise applicable assessment and
24 oversight processes shall continue to be administered for families
25 and facilities not included in the pilot program.
26 (i) Upon completion of the pilot program, the status of the
27 resource family's approval shall continue in full force and effect,
28 and the resource family shall be deemed approved for licensing,
29 relative and nonrelated extended family member approval,
30 guardianship, and adoption purposes.
31 0) The department may waive regulations that pose a barrier to
32 implementation and operation of this pilot program. The waiver
33 of any regulations by the department pursuant to this section shall
34 apply to only those counties participating in the pilot program and
35 only for the duration of the pilot program.
36 (k) Resource families approved under this pilot program, who
37 move within a participating county or who move to another pilot
38 program county,shall retain their resource family status if the new
39 building and grounds, outdoor activity areas, and storage areas
40 meet home approval standards. The State Department of Social
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1 Services or pilot county may allow a pilot program-affiliated
2 individual to transfer hip or her subsequent arrest notification if
3 the individual moves from one pilot county to another pilot county,
4 as specified in subdivision (h) of Section 1522 of the Health and
5 Safety Code.
6 (0 (1) A resource family approved under this pilot program
7 that moves to a nonparticipating pilot program county shall lose
8 its status as a resource family. The new county.of residence shall
9 deem the family approved for licensing, relative and nonrelated
10 extended family member approval, guardianship, and adoption
11 purposes, under the following conditions:
12 (A) The new building and grounds, outdoor activity areas, and
13 storage areas meet applicable standards,unless the family is subject
14 to a corrective action plan.
15 (B) There has been a criminal records clearance of all adults
16 residing in the home and exemptions granted,using the exemption
17 criteria currently used for foster care licensing, as specified in
18 subdivision (g) of Section 1522 of the Health and Safety Code.
19 (2) A program-affiliated individual who moves to a nonpilot
20 county may not transfer his or her subsequent arrest notification
21 from a pilot county to the nonpilot county.
22 (m) Implementation of the pilot program shall be contingent
23 upon the continued availability of federal Social Security Act Title
24 IV-E (42 U.S.C. Sec. 670) funds for costs associated with
25 placement of children with resource families assessed and approved
26 under the program.
27 (n) Notwithstanding Section 11402, a child placed with a
28 resource family shall be eligible for AFDC-FC payments. A
29 resource family shall be paid an AFDC-FC rate pursuant to
30 Sections 11460 and 11461. Sharing ratios for nonfederal
31 expenditures for all costs associated with activities related to the
32 approval of relatives and nonrelated extended family members
33 shall be in accordance with Section 10101.
34 (o) The Department of Justice shall charge fees sufficient to
35 cover the cost of initial or subsequent criminal offender record
36 information and Child Abuse Central Index searches,processing,
37 or responses, as specified in this section.
38 (p) Approved resource families under this pilot program shall
39 be exempt from all of the following:
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AB 340 —14-
1
14-1 (1) Licensure requirements set forth under the Community Care
2 Facilities Act, commencing with Section 1500 of the Health and
3 Safety Code and all regulations promulgated thereto.
4 (2) Relative and nonrelated extended family member approval
5 requirements set forth under Sections 309, 361.4, and 362.7, and
6 all regulations promulgated thereto.
7 (3) Adoptions approval and reporting requirements set forth.
8 under Section 8712 of the Family Code, and all regulations
9 promulgated thereto.
10 (q) The pilot program shall be authorized to continue through
11 the end of the 2010-11 fiscal year, or through the end of the third
12 full fiscal year following the date that funds are made available
13 for its implementation, whichever of these dates is later.
O
98
AMENDED IN SENATE MARCH 29, 2007
SENATE BILL No. 720
Introduced by Senator Kuehl
February 23, 2007
An act to amend Sections 11400 and 11465 of the Welfare and
Institutions Code, relating to foster care,
therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 720, as amended, Kuehl. Foster children.
Existing law relating to the Aid to Families with Dependent
Children-Foster Care (AFDC-FC) program defines various categories
of placement options for eligible foster children.One of these categories
is the "whole family foster home," which is defined as a.family home,
approved relative caregiver or nonrelative extended family member's
home, or certified family home, that provides foster care for a minor
parent and his or her child, and is specifically recruited and trained in
this regard.
This bill would expand the definition of a whole family foster home
by specifying that this category includes both new and existing foster
homes, and by including the home of a nonrelated legal guardian who
is appropriately recruited and trained.
Existing law establishes a schedule of rates payable under the
AFDC-FC program. Existing law requires the payment made for care
and supervision of a child who is living with a teen parent in a whole
family foster home to equal the basic rate for children placed in a
licensed or approved home, as specified.
98
SB 720 —2—
This
2—This bill would require the same payment to be made for the care and
supervision of a child who is living with his or her teen parent in a group
home.
Existing law continuously appropriates funds for allocation to each
county for the adequate care of children eligible to receive AFDC-FC
benefits. By expanding the 4itttatiott itt whieh AFDC FG payments,
would be made,thus inereasing the level of state paftieipatiolt,this bill
wottld make an appropri ion.
This bill would provide that no appropriation pursuant to provisions
of law continuous1j, appropriatinghinds for the AFDC-FC program
mould be rnade.for the purposes offurrding the bill.
Vote: %7majority. Appropriation: -yes--no. Fiscal committee:
yes. State-mandated local program: no.
The people of the State of California do enact as.follows:
1 SECTION 1. Section 1.1400 of the Welfare and Institutions
2 Code, as amended by Section 4.5 of Chapter 630 of the Statutes
3 of 2005, is amended to read:
4 11400. For the purposes of this article,the following definitions
5 shall apply:
6 (a) "Aid to Families with Dependent Children-Foster Care
7 (AFDC-FC)" means the aid provided on behalf of needy children
8 in foster care under the terms of this division.
9 (b) "Case plan"means a written document that, at a minimum,
10 specifies the type of home in which the child shall be placed, the
11 safety of that home, and the appropriateness of that home to meet
12 the child's needs. It shall also include the agency's plan for
13 ensuring that the child receive proper care and protection in a safe
14 environment, and shall set forth the appropriate services to be
15 provided to the child, the child's family, and the foster parents, in
16 order to meet the child's needs while in foster care,and to reunify
17 the child with the child's family.In addition,the plan shall specify
18 the services that will be provided or steps that will be taken to
19 facilitate an alternate permanent plan if reunification is not possible.
20 (c) "Certified family home"means a family residence certified
21 by a licensed foster family agency and issued a certificate of
22 approval by that agency as meeting licensing standards, and used
23 only by that foster family agency for placements.
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1 (d) "Family home"means the family residency of a licensee in
2 which 24-hour care and supervision are provided for children.
3 (e) "Small family home" means any residential facility, in the
4 licensee's family residence, which provides 24-hour care for six
5 or fewer foster children who have mental disorders or
6 developmental or physical disabilities and who require special care
7 and supervision as a result of their disabilities.
8 (f) `'Foster care"means the 24-hour out-of-home care provided
9 to children whose own families are unable or unwilling to care for
10 them, and who are in need of temporary or long-term substitute
11 parenting.
12 (g) "Foster family agency"means any individual or organization
13 engaged in the recruiting,certifying,and training of,and providing
14 professional support to,foster parents,or in finding homes or other
15 places for placement of children for temporary or permanent care
16 who require that level of care as an alternative to a group home.
17 Private foster family agencies shall be organized and operated on
18 a nonprofit basis.
19 (h) "Group home" means a nondetention privately operated
20 residential home,organized and operated on a nonprofit basis only,
21 of any capacity, or a nondetention licensed residential care home
22 operated by the County of San Mateo with a capacity of up to 25
23 beds, that provides services in a group setting to children in need
24 of care and supervision,as required by paragraph(1)of subdivision
25 (a) of Section 1502 of the Health and Safety Code.
26 (i) "Periodic review" means review of a child's status by the
27 juvenile court or by an administrative review panel, that shall
28 include a consideration of the safety of the child, a determination
29 of the continuing need for placement in foster care, evaluation of
30 the goals for the placement and the progress toward meeting these
31 goals,and development of a target date for the child's return home
32 or establishment of alternative permanent placement.
33 0) "Permanency planning hearing"means a hearing conducted
34 by the juvenile court in which the child's future status, including
35 whether the child shall be returned home or another permanent
36 plan shall be developed, is determined.
37 (k) "Placement and care" refers to the responsibility for the
38 welfare of a child vested in an agency or organization by virtue of
39 the agency or organization having(1)been delegated care,custody,
40 and control of a child by the juvenile court,(2)taken responsibility,
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SB 720 —4—
I
4-1 pursuant to a relinquishment or termination of parental rights on
2 a child, (3)taken the responsibility of supervising a child detained
3 by the juvenile court pursuant to Section 319 or 636,or(4) signed
4 a voluntary placement agreement for the child's placement; or to
5 the responsibility designated to an individual by virtue of his or
6 her being appointed the child's legal guardian.
7 (I) "Preplacement preventive services" means services that are
8 designed to help children remain with their families by preventing
9 or eliminating the need for removal.
10 (m) "Relative" means an adult who is related to the child by
11 blood, adoption, or affinity within the fifth degree of kinship,
12 including stepparents, stepsiblings, and all relatives whose status
13 is preceded by the words "great," "great-great," or"grand" or the
14 spouse of any of these persons even if the marriage was terminated
15 by death or dissolution.
16 (n) "Nonrelative extended family member" means an adult
17 caregiver who has an established familial or mentoring relationship
18 with the child, as described in Section 362.7.
19 (o) "Voluntary placement" means an out-of-home placement
20 of a child by (1) the county welfare department after the parents
21 or guardians have requested the assistance of the county welfare
22 department and have signed a voluntary placement agreement; or
23 (2) the county welfare department licensed public or private
24 adoption agency, or the department acting as an adoption agency,
25 after the parents have requested the assistance of either the county
26 welfare department,the licensed public or private adoption agency,
27 or the department acting as an adoption agency for the purpose of
28 adoption planning, and have signed a voluntary placement
29 agreement.
30 (p) "Voluntary placement agreement"means a written agreement
31 between either the county welfare department, a licensed public
32 or private adoption agency,or the department acting as an adoption
33 agency, and the parents or guardians of a child that specifies, at a
34 minimum, the following:
35 (1) The legal status of the child.
36 (2) The rights and obligations of the parents or guardians, the
37 child, and the agency in which the child is placed.
38 (q) "Original placement date" means the most recent date on
39 which the court detained a child and ordered an agency to be
40 responsible for supervising the child or the date on which an agency
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1 assumed responsibility for a child due to termination of parental
2 rights, relinquishment, or voluntary placement.
3 (r) "Transitional housing placement facility" means either of
4 the following:
5 (1) A community care facility licensed by the State Department
6 of Social Services pursuant to Section 1559.1 10 of the Health and
7 Safety Code to provide transitional housing opportunities to persons
8 at least 16 years of age, and not more than 18 years of age unless
9 they satisfy the requirements of Section 11403, who are in
10 out-of-home placement under the supervision of the county
11 department of social services or the county probation department,
12 and who are participating in an independent living program.
13 (2) A facility certified to provide transitional housing services
14 pursuant to subdivision(e) of Section 1559.1 10 of the Health and
15 Safety Code.
16 (s) "Transitional housing placement program"means a program
17 that provides supervised housing opportunities to eligible youth
18 pursuant to Article 4(commencing with Section 16522)of Chapter
19 5 of Part 4.
20 (t) "Whole family foster home'means a new or existing family
21 home, approved relative caregivcr or nonrelative extended family
22 member's home, nonrelated legal guardian's home, or certified
23 family home that provides foster care for a minor parent and his
24 or her child, and is specifically recruited and trained to assist the
25 minor parent in developing the skills necessary to provide a safe,
26 stable, and permanent home for his or her child. The child of the
27 minor parent need not be the subject of a petition filed pursuant
28 to Section 300 to qualify for placement in a whole family foster
29 home.
30 (u) This section shall become operative on January 1, 2008.
31 SEC. 2. Section 11465 of the Welfare and Institutions Code is
32 amended to read:
33 11465. (a) When a child is living with a parent who receives
34 AFDC-FC or Kin-GAP benefits, the rate paid to the provider on
35 behalf of the parent shall include an amount for care and
36 supervision of the child.
37 (b) For each category of eligible licensed community care
38 facility,as defined in Section 1502 of the Health and Safety Code,
39 the department shall adopt regulations setting forth a uniform rate
98
SB 720 —6-
1
6-1 to cover the cost of care and supervision of the child in each
2 category of eligible licensed community care facility.
3 (c) (1) On and after July 1, 1998, the uniform rate to cover the
4 cost of care and supervision of a child pursuant to this section shall
5 be increased by 6 percent, rounded to the nearest dollar. The
6 resultant amounts shall constitute the new uniform rate.
7 (2) (A) On and after July 1, 1999,the uniform rate to cover the
8 cost of care and supervision of a child pursuant to this section shall
9 be adjusted by an amount equal to the California Necessities Index
10 computed pursuant to Section 11453,rounded to the nearest dollar.
11 The resultant amounts shall constitute the new uniform rate,subject
12 to further adjustment pursuant to subparagraph (B).
13 (B) In addition to the adjustment specified in subparagraph(A),
14 on and after January 1, 2000, the uniform rate to cover the cost of
15 care and supervision of a child pursuant to this section shall be
16 increased by 2.36 percent, rounded to the nearest dollar. The
17 resultant amounts shall constitute the new uniform rate.
18 (3) Subject to the availability of funds, for the 2000-01 fiscal
19 year and annually thereafter, these rates shall be adjusted for cost
20 of living pursuant to procedures in Section 11453.
21 (d) (1) Notwithstanding subdivisions (a) to (c), inclusive, the
22 payment made pursuant to this section for care and supervision of
23 a child who is living with a teen parent in a whole family foster
24 home,as defined in Section 11400,or in a group home,shall equal
25 the basic rate for children placed in a licensed or approved home
26 as specified in subdivisions(a)to(d), inclusive,of Section 11461.
27 (2) The caregiver shall provide the county child welfare agency
28 or probation department with a copy of the shared responsibility
29 plan developed pursuant to Section 16501.25 and shall advise the
30 county child welfare agency or probation department of any
31 subsequent changes to the plan.Once the plan has been completed
32 and provided to the appropriate agencies, the payment made
33 pursuant to this section shall be increased by an additional two
34 hundred dollars($200)per month to reflect the increased care and
35 supervision while he or she is placed in the whole family foster
36 home.
37 (3) In any year in.which the payment provided pursuant to this
38 section is adjusted for the cost of living as provided in paragraph
39 (1)of subdivision(c),the payments provided for in this subdivision
40 shall also be increased by the same procedures.
98
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1 SEC. 3. No appropriation pursuant to Section 15200 of the
2 Welfare and Institutions Code shall be made for the purposes of
3funding this act.
O
98
SENATE BILL No. 776
Introduced by Senator Vincent
February 23, 2007
An act to amend Section 1522 of the Health and Safety Code,relating
to community care facilities.
LEGISLATIVE COUNSEL'S DIGEST
SB 776, as introduced, Vincent. Community care facilities: criminal
history clearance.
Under existing law,the State Department of Social Services regulates
the licensure and operation of community care facilities, residential
care facilities for the elderly, and child day care facilities.
Under existing law, licensees and other individuals who are present
and provide care in certain community care, foster care, and child day
care facilities are required to provide fingerprints and the department
is required to secure the individual's criminal history, to determine
whether he or she has been convicted of a crime other than a minor
traffic violation, or convicted of specified sex-related offenses.
Existing law authorizes the department to authorize a county,if certain
circumstances are met, to issue a criminal records exemption. Existing
law authorizes a county child welfare agency to secure summary
criminal history information for these purposes.
Existing law authorizes the department to accept criminal record
clearance or exemptions from a county office with department-delegated
licensing authority, and authorizes a county office with
department-delegated licensing authority, to accept criminal record
clearance or exemption from the department or from any other county
office with department-delegated licensing authority.
This bill would, similarly, authorize a county child welfare agency
with criminal record clearances and exemption authority to receive and
99
SB 776 —2—
provide
2—provide criminal record clearance or exemptions, and would make
conforming changes.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as.follows:
1 SECTION 1. Section 1522 of the Health and Safety Code is
2 amended to read:
3 1522. The Legislature recognizes the need to generate timely
4 and accurate positive fingerprint identification of applicants as a
5 condition of issuing licenses, permits, or certificates of approval
6 for persons to operate or provide direct care services in a
7 community care facility, foster family home, or a certified family
8 home of a licensed foster family agency.Therefore,the Legislature
9 supports the use of the fingerprint live-scan technology, as
10 identified in the long-range plan of the Department of Justice for
11 fully automating the processing of fingerprints and other data by
12 the year 1999, otherwise known as the California Crime
13 Information Intelligence System (CAL-CII), to be used for
14 applicant fingerprints.It is the intent of the Legislature in enacting
15 this section to require the fingerprints of those individuals whose
16 contact with community care clients may pose a risk to the clients'
17 health and safety.An individual shall be required to obtain either
18 a criminal record clearance or a criminal record exemption from
19 the State Department of Social Services before his or her initial
20 presence in a community care facility.
21 (a) (1) Before issuing a license or special permit to any person
22 or persons to operate or manage a community care facility, the
23 State Department of Social Services shall secure from an
24 appropriate law enforcement agency a criminal record to determine
25 whether the applicant or any other person specified in subdivision
26 (b) has ever been convicted of a crime other than a minor traffic
27 violation or arrested for any crime specified in Section 290 of the
28 Penal Code,for violating Section 245 or 273.5,of the Penal Code,
29 subdivision (b) of Section 273a of the Penal Code, or, prior to
30 January 1, 1994,paragraph(2)of Section 273a of the Penal Code,
31 or for any crime for which the department cannot grant an
32 exemption if the person was convicted and the person has not been
33 exonerated.
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1 (2) The criminal history information shall include the full
2 criminal record, if any, of those persons, and subsequent arrest
3 information pursuant to Section 1 1 105.2 of the Penal Code.
4 (3) Except during the 2003-04, 2004-05, 2005-06, 2006-07,
5 and 2007-08 fiscal years, neither the Department of Justice nor
6 the State Department of Social Services may charge a fee for the
7 fingerprinting of an applicant for a license or special permit to
8 operate a facility providing nonmedical board,room, and care for
9 six or less children or for obtaining a criminal record of the
10 applicant pursuant to this section.
11 (4) The following shall apply to the criminal record information:
12 (A) If the State Department of Social Services finds that the
13 applicant, or any other person specified in subdivision (b), has
14 been convicted of a crime other than a minor traffic violation,the
15 application shall be denied,unless the director grants an exemption
16 pursuant to subdivision (g).
17 (B) If the State Department of Social Services finds that the
18 applicant, or any other person specified in subdivision (b) is
19 awaiting trial for a crime other than a minor traffic violation, the
20 State Department of Social Services may cease processing the
21 application until the conclusion of the trial.
22 (C) If no criminal record information has been recorded, the
23 Department of Justice shall provide the applicant and the State
24 Department of Social Services with a statement of that fact.
25 (D) I.f the State Department of Social Services finds after
26 licensure that the licensee, or any other person specified in
27 paragraph (2) of subdivision (b), has been convicted of a crime
28 other than a minor traffic violation, the license may be revoked,
29 unless the director grants an exemption pursuant to subdivision
30 (g).
31 (E) An applicant and any other person specified in subdivision
32 (b) shall submit fingerprint images and related information to the
33 Department of Justice for the purpose of searching the criminal
34 records of the Federal Bureau of investigation, in addition to the
35 criminal records search required by this subdivision.If an applicant
36 and all other persons described in subdivision (b) meet all of the
37 conditions for licensure, except receipt of the Federal Bureau of
38 Investigation's criminal offender record information search
39 response for the applicant or any of the persons described in
40 subdivision(b),the department may issue a license if the applicant
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SB 776 —4—
I
4-1 and each person described in subdivision (b) has signed and
2 submitted a statement that he or she has never been convicted of
3 a crime in the United States, other than a traffic infraction, as
4 defined in paragraph (1) of subdivision (a) of Section 42001 of
5 the Vehicle Code. If, after licensure, the department determines
6 that the licensee or any other person specified in subdivision (b)
7 has a criminal record, the license may be revoked pursuant to
8 Section 1550. The department may also suspend the license
9 pending an administrative hearing pursuant to Section 1550.5.
10 (F) The State Department of Social Services shall develop
11 procedures to provide the individual's state and federal criminal
12 history information with the written notification of his or her
13 exemption denial or revocation based on the criminal record.
14 Receipt of the criminal history information shall be optional on
15 the part of the individual, as set forth in the agency's procedures.
16 The procedure shall protect the confidentiality and privacy of the
17 individual's record,and the criminal history information shall not
18 be made available to the employer.
19 (G) Notwithstanding any other provision of law,the department
20 is authorized to provide an individual with a copy of his or her
21 state or federal level criminal offender record information search
22 response as provided to that department by the Department of
23 Justice if the department has denied a criminal background
24 clearance based on this information and the individual makes a
25 written request to the department for a copy specifying an address
26 to which it is to be sent.The state or federal level criminal offender
27 record information search response shall not be modified or altered
28 from its form or content as provided by the Department of Justice
29 and shall be provided to the address specified by the individual in
30 their written request. The department shall retain a copy of the
31 individual's written request and the response and date provided.
32 (b) (1) In addition to the applicant, this section shall be
33 applicable to criminal convictions of the following persons:
34 (A) Adults responsible for administration or direct supervision
35 of staff..
36 (B) Any person, other than a client, residing in the facility.
37 (C) Any person who provides client assistance in dressing,
38 grooming, bathing, or personal hygiene. Any nurse assistant or
39 home health aide meeting the requirements of Section 1338.5 or
40 1736.6,respectively,who is not employed,retained,or contracted
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1 by the licensee, and who has been certified or recertified on or
2 after July 1, 1998, shall be deemed to meet the criminal record
3 clearance requirements of this section.A certified nurse assistant
4 and certified home health aide who will be providing client
5 assistance and who halls under this exemption shall provide one
6 copy of his or her current certification, prior to providing care, to
7 the community care facility. The facility shall maintain the copy
8 of the certification on file as long as care is being provided by the
9 certified nurse assistant or certified home health aide at the facility.
10 Nothing in this paragraph restricts the right of the department to
11 exclude a certified nurse assistant or certified home health aide
12 from a licensed community care facility pursuant to Section 1558.
13 (D) Any staff person, volunteer, or employee who has contact
14 with the clients.
15 (E) If the applicant is a firm, partnership, association, or
16 corporation, the chief executive officer or other person serving in
17 like capacity.
18 (F) Additional officers of the governing body of the applicant,
19 or other persons with a financial interest in the applicant, as
20 detennined necessary by the department by regulation.The criteria
21 used in the development of these regulations shal I be based on the
22 person's capability to exercise substantial influence over the
23 operation of the facility.
24 (2) The following persons are exempt from the requirements
25 applicable under paragraph (1):
26 (A) A medical professional as defined in department regulations
27 who holds a valid license or certification from the person's
28 governing California medical care regulatory entity and who is
29 not employed, retained, or contracted by the licensee if all of the
30 following apply:
31 (i) The criminal record of the person has been cleared as a
32 condition of licensure or certification by the person's governing
33 California medical care regulatory entity.
34 (ii) The person is providing time-limited specialized clinical
35 care or services.
36 (iii) The person is providing care or services within the person's
37 scope of practice.
38 (iv) The person is not a community care facility licensee or an
39 employee of the facility.
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SB 776 —6-
1
6-1 (B) A third-party repair person or similar retained contractor if
2 all of the following apply:
3 (i) The person is hired for a defined, time-limited job.
4 (ii) The person is not left alone with clients.
5 (iii) When clients are present in the room in which the
6 repairperson or contractor is working, a staff person who has a
7 criminal record clearance or exemption is also present.
8 (C) Employees of a licensed home health agency and other
9 members of licensed hospice interdisciplinary teams who have a
10 contract with a client or resident of the facility and are in the
11 facility at the request of that client or resident's legal
12 decisionmaker. The exemption does not apply to a person who is
13 a community care facility licensee or an employee of the facility.
14 (D) Clergy and other spiritual caregivers who are performing
15 services in common areas of the community care facility or who
16 are advising an individual client at the request of, or with the
17 permission of, the client or legal decisionmaker, are exempt from
18 fingerprint and criminal background check requirements imposed
19 by community care licensing. This exemption does not apply to a
20 person who is a community care licensee or employee of the
21 facility.
22 (E) Members of fraternal,service,or similar organizations who
23 conduct group activities for clients if all of the following apply:
24 (i) Members are not left alone with clients.
25 (ii) Members do not transport clients off the facility premises.
26 (iii) The same organization does not conduct group activities
27 for clients more often than defined by the department's regulations.
28 (3) In addition to the exemptions in paragraph(2),the following
29 persons in foster family homes,certified family homes,and small
30 family homes are exempt from the requirements applicable under
31 paragraph (1):
32 (A) Adult friends and family of the licensed or certified foster
33 parent, who come into the home to visit for a length of time no
34 longer than defined by the department in regulations, provided
35 that the adult friends and family of the licensee are not left alone
36 with the foster children. However, the licensee, acting as a
37 reasonable and prudent parent, as defined in paragraph (2) of
38 subdivision (a) of Section 362.04 of the Welfare and Institutions
39 Code, may allow his or her adult friends and family to provide
99
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1 short-term care to the foster child and act as an appropriate
2 occasional short-term babysitter for the child.
3 (B) Parents of a foster child's friends when the foster child is
4 visiting the friend's home and the friend,licensed or certified foster
5 parent, or both are also present. However, the licensee, acting as
6 a reasonable and prudent parent,may allow the parent of the foster
7 child's friends to act as an appropriate short-term babysitter lbr
8 the child without the friend being present.
9 (C) Individuals who are engaged by any licensed or certified
10 foster parent to provide short-term care to the child for periods not
11 to exceed 24 hours. Caregivers shall use a reasonable and prudent
12 parent standard in selecting appropriate individuals to act as
13 appropriate occasional short-term babysitters.
14 (4) In addition to the exemptions specified in paragraph(2),the
15 following persons in adult day care and adult day support centers
16 are exempt from the requirements applicable under paragraph(1):
17 (A) Unless contraindicated by the client's individualized
18 program plan(IPP)or needs and service plan,a spouse,significant
19 other, relative, or close friend of a client, or an attendant or a
20 facilitator for a client with a developmental disability if the
21 attendant or facilitator is not employed,retained, or contracted by
22 the licensee. This exemption applies only if the person is visiting
23 the client or providing direct care and supervision to the client.
24 (B) A volunteer if all of the following applies:
25 (i) The volunteer is supervised by the licensee or a facility
26 employee with a criminal record clearance or exemption.
27 (ii) The volunteer is never left alone with clients.
28 (iii) The volunteer does not provide any client assistance with
29 dressing, grooming, bathing, or personal hygiene other than
30 washing of hands.
31 (5) (A) In addition to the exemptions specified in paragraph
32 (2), the following persons in adult residential and social
33 rehabilitation facilities, unless contraindicated by the client's
34 individualized program plan(IPP)or needs and services plan, are
35 exempt from the requirements applicable under paragraph (1): a
36 spouse, significant other,relative,or close friend of a client, or an
37 attendant or a facilitator for a client with a developmental disability
38 if the attendant or facilitator is not employed, retained, or
39 contracted by the licensee. This exemption applies only if the
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1
8-1 person is visiting the client or providing direct care and supervision
2 to that c•licnt.
3 (B) Nothing in this subdivision shall prevent a licensee from
4 requiring a criminal record clearance of any individual exempt
5 from the requirements of this section,provided that the individual
6 has client contact.
7 (6) Any person similar to those described in this subdivision,
8 as defined by the department in regulations.
9 (c) (1) Subsequent to initial licensure, any person specified in
10 subdivision (b) and not exempted from fingerprinting shall, as a
1 l condition to employment, residence, or presence in a community
12 care facility,be fingerprinted and sign a declaration under penalty
13 of perjury regarding any prior criminal convictions. The licensee
14 shall submit fingerprint images and related information to the
15 Department of Justice and the Federal Bureau of Investigation,
16 through the Department of Justice, for a state and federal level
17 criminal offender record information search, or to comply with
18 paragraph(1)of subdivision(h),prior to the person's employment,
19 residence,or initial presence in the community care facility.These
20 fingerprint images and related information shall be sent by
21 electronic transmission in a manner approved by the State
22 Department of Social Services and the Department of Justice for
23 the purpose of obtaining a perinanent set of fingerprints,and shall
24 be submitted to the Department of Justice by the licensee. A
25 licensee's failure to submit fingerprint images and related
26 information to the Department of Justice for the purpose of
27 obtaining a permanent set of fingerprints, and shall be submitted
28 to the Department of Justice by the licensee. A licensee's failure
29 to submit fingerprints to the Department of Justice or to comply
30 with paragraph (1) of subdivision (h), as required in this section,
31 shall result in the citation of a deficiency and the immediate
32 assessment of civil penalties in the amount of one hundred dollars
33 ($100) per violation, per day for a maximum of five days,unless
34 the violation is a second or subsequent violation within a 12-month
35 period in which case the civil penalties shall be in the amount of
36 one hundred dollars ($100) per violation for a maximum of 30
37 days, and shall be grounds for disciplining the licensee pursuant
38 to Section 1550. The department may assess civil penalties for
39 continued violations as permitted by Section 1548.The fingerprint
40 images and related information shall then be submitted to the
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1 Department of Justice for processing. Upon request of the licensee,
2 who shall enclose a self-addressed stamped postcard for this
3 purpose, the Department of Justice shall verify receipt of the
4 fingerprints.
5 (2) Within 14 calendar days of the receipt of the fingerprint
6 images,the Department of Justice shall notify the State Department
7 of Social Services of the criminal record information,as provided
8 for in subdivision (a). If no criminal record information has been
9 recorded,the Department of Justice shall provide the licensee and
10 the State Department of Social Services with a statement of that
11 fact within 14 calendar days of receipt of the fingerprint images.
12 Documentation of the individual's clearance or exemption shall
13 be maintained by the licensee and be available for inspection. If
14 new fingerprint images are required for processing,the Department
15 of Justice shall, within 14 calendar days from the date of receipt
16 of the fingerprints, notify the licensee that the fingerprints were
17 illegible, the Department of Justice shall notify the State
18 Department of Social Services, as required by Section 1522.04,
19 and shall also notify the licensee by mail, within 14 days of
20 electronic transmission of the fingerprints to the Department of
21 Justice,if the person has no criminal history recorded.A violation
22 of the regulations adopted pursuant to Section 1522.04 shall result
23 in the citation of a deficiency and an immediate assessment of civil
24 penalties in the amount of one hundred dollars($100)per violation,
25 per day for a maximum of five days,unless the violation is a second
26 or subsequent violation within a 12-month period in which case
27 the civil penalties shall be in the amount of one hundred dollars
28 ($100) per violation for a maximum of 30 days, and shall be
29 grounds for disciplining the licensee pursuant to Section 1550.
30 The department may assess civil penalties for continued violations
31 as permitted by Section 1548.
32 (3) Except for persons specified in paragraph(2)of subdivision
33 (b), the licensee shall endeavor to ascertain the previous
34 employment history of persons required to be fingerprinted under
35 this subdivision. If it is deterniined by the State Department of
36 Social Services, on the basis of the fingerprint images and related
37 information submitted to the Department of Justice,that the person
38 has been convicted of,or is awaiting trial for,a sex offense against
39 a minor, or has been convicted for an offense specified in Section
40 243.4, 273a, 273d, 273g, or 368 of the Penal Code, or a felony,
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10-1 the State Department of Social Services shall notify the licensee
2 to act immediately to terminate the person's employment,remove
3 the person from the community care facility, or bar the person
4 from entering the community care facility. The State Department
5 of Social Services may subsequently grant an exemption pursuant
6 to subdivision(g).If the conviction or arrest was for another crime,
7 except a minor traffic violation,the licensee shall,upon notification
8 by the State Department of Social Services, act immediately to
9 either(A)terminate the person's employment,remove the person
10 from the community care facility, or bar the person from entering
11 the community care facility;or(B) seek an exemption pursuant to
12 subdivision (g). The State Department of Social Services shall
13 detennine if the person shall be allowed to remain in the facility
14 until a decision on the exemption is rendered.A licensee's failure
15 to comply with the department's prohibition of employment,
16 contact with clients, or presence in the facility as required by this
17 paragraph shall be grounds for disciplining the licensee pursuant
18 to Section 1550.
19 (4) The department may issue an exemption on its own motion
20 pursuant to subdivision(g)if the person's criminal history indicates
21 that the person is of good character based on the age, seriousness,
22 and frequency of the conviction or convictions. The department,
23 in consultation with interested parties, shall develop regulations
24 to establish the criteria to grant an exemption pursuant to this
25 paragraph.
26 (5) Concurrently with notifying the licensee pursuant to
27 paragraph(3), the department shall notify the affected individual
28 of his or her right to seek an exemption pursuant to subdivision
29 (g). The individual may seek an exemption only if the licensee
30 terminates the person's employment or removes the person from
31 the facility after receiving notice from the department pursuant to
32 paragraph (3).
33 (d) (1) Before issuing a license, special permit, or certificate
34 of approval to any person or persons to operate or manage a foster
35 family home or certified family home as described in Section 1506,
36 the State Department of Social Services or other approving
37 authority shall secure from an appropriate law enforcement agency
38 a criminal record to detennine whether the applicant or any person
39 specified in subdivision (b) has ever been convicted of a crime
40 other than a minor traffic violation or arrested for any crime
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1 specified in Section 290 of the Penal Code, for violating Section
2 245 or 273.5, subdi%ision(b) of Section 273a or, prior to January
3 1, 1994, paragraph (2) of Section 273a of the Penal Code, or for
4 any crime for which the department cannot grant an exemption if
5 the person was convicted and the person has not been exonerated.
6 (2) The criminal history information shall include the full
7 criminal record, if any, of those persons.
8 (3) Neither the Department of Justice nor the State Department
9 of Social Services may charge a fee for the fingerprinting of an
10 applicant for a license, special permit, or certificate of approval
11 described in this subdivision. The record, if any, shall be taken
12 into consideration when evaluating a prospective applicant.
13 (4) The following shall apply to the criminal record information:
14 (A) If the applicant or other persons specified in subdivision
15 (b) have convictions that would make the applicant's home unfit
16 as a foster family home or a certified family home, the license,
17 special permit, or certificate of approval. shall be denied.
18 (B) If the State Department of Social Services finds that the
19 applicant, or any person specified in subdivision (b) is awaiting
20 trial for a crime other than a minor traffic violation, the State
21 Department of Social Services or other approving authority may
22 cease processing the application until the conclusion of the trial.
23 (C) For the purposes of this subdivision, a criminal record
24 clearance provided under Section 8712 of the Family Code may
25 be used by the department or other approving agency.
26 (D) An applicant for a foster family home license or for
27 certification as a family home, and any other person specified in
28 subdivision(b),shall submit a set of fingerprint images and related
29 information to the Department of Justice and the Federal Bureau
30 of Investigation,through the Department of Justice,for a state and
31 federal level criminal offender record information search, in
32 addition to the criminal records search required by subdivision(a).
33 If an applicant meets all other conditions for licensure, except
34 receipt of the Federal Bureau of Investigation's criminal history
35 information for the applicant and all persons described in
36 subdivision (b), the department may issue a license, or the foster
37 family agency may issue a certificate of approval,if the applicant,
38 and each person described in subdivision (b), has signed and
39 submitted a statement that he or she has never been convicted of
40 a crime in the United States, other than a traffic infraction, as
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1
12-1 defined in paragraph (1) of subdivision (a) of Section 42001 of
2 the Vehicle Code.If,after licensure or certification,the department
3 determines that the licensee, certified foster parent, or any person
4 specified in subdivision (b)has a criminal record, the license may
5 be revoked pursuant to Section 1550 and the certificate of approval
6 revoked pursuant to subdivision (b) of Section 1534. The
7 department may also suspend the license pending an administrative
8 hearing pursuant to Section 1550.5.
9 (5) Any person specified in this subdivision shall, as a part of
10 the application, be fingerprinted and sign a declaration under
11 penalty of perjury regarding any prior criminal convictions or
12 arrests for any crime against a child, spousal or cohabitant abuse
13 or,any crime for which the department cannot grant an exemption
14 if the person was convicted and shall submit these fingerprints to
15 the licensing agency or other approving authority.
16 (6) (A) The foster family agency shall obtain fingerprint images
17 and related information from certified home applicants and from
18 persons specified in subdivision(b)and shall submit them directly
19 to the Department of Justice by electronic transmission in a manner
20 approved by the State Department of Social Services and the
21 Department of Justice. A foster family home licensee or foster
22 family agency shall submit these fingerprint images and related
23 information to the Department of Justice and the Federal Bureau
24 of Investigation,through the Department of Justice,for a state and
25 federal level criminal offender record information search, or to
26 comply with paragraph(1)of subdivision(b)prior to the person's
27 employment, residence, or initial presence in the foster family
28 home or certified family home. A foster family agency's failure
29 to submit fingerprint images and related information to the
30 Department of Justice,or comply with paragraph(1)of subdivision
31 (h), as required in this section, shall result in a citation of a
32 deficiency,and the immediate civil penalties of one hundred dollars
33 ($100) per violation, per day for a maximum of five days, unless
34 the violation is a second or subsequent violation within a 12-month
35 period in which case the civil penalties shall be in the amount of
36 one hundred dollars ($100) per violation for a maximum of 30
37 days, and shall be grounds for disciplining the licensee pursuant
38 to Section 1550.A violation of the regulation adopted pursuant to
39 Section 1522.04 shall result in the citation of a deficiency and an
40 immediate assessment of civil penalties in the amount of one
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1 hundred dollars ($100) per violation, per day for a maximum of
2 five days,unless the violation is a second or subsequent violation
3 within a 12-month period in which case the civil penalties shall
4 be in the amount of one hundred dollars ($100) per violation for
5 a maximum of 30 days, and shall be grounds for disciplining the
6 foster family agency pursuant to Section 1550.A licensee's failure
7 to submit fingerprint images and related information to the
8 Department of Justice,or comply with paragraph(1)of subdivision
9 (h), as required in this section, may result in the citation of a
10 deficiency and immediate civil penalties of one hundred dollars
11 ($100)per violation.A licensee's violation of regulations adopted
12 pursuant to Section 1522.04 may result in the citation of a
13 deficiency and an immediate assessment of civil penalties in the
14 amount of one hundred dollars ($100) per violation. The State
15 Department of Social Services may assess penalties for continued
16 violations, as permitted by Section 1548. The fingerprint images
17 shall then be submitted to the Department of Justice for processing.
18 (B) Upon request of the licensee, who shall enclose a
19 self-addressed envelope for this purpose,the Department of Justice
20 shall verify receipt of the fingerprints. Within five working days
21 of the receipt of the criminal record or information regarding
22 criminal convictions from the Department of Justice, the
23 department shall notify the applicant of any criminal arrests or
24 convictions. If no arrests or convictions are recorded, the
25 Department of Justice shall provide the foster family home licensee
26 or the foster family agency with a statement of that fact concurrent
27 with providing the information to the State Department of Social
28 Services.
29 (7) If the State Department of Social Services finds that the
30 applicant, or any other person specified in subdivision (b), has
31 been convicted of a crime other than a minor traffic violation, the
32 application shall be denied,unless the director grants an exemption
33 pursuant to subdivision(g).
34 (8) If the State Department of Social Services finds after
35 licensure or the granting of the certificate of approval that the
36 licensee, certified foster parent, or any other person specified in
37 paragraph (2) of subdivision (b), has been convicted of a crime
38 other than a minor traffic violation, the license or certificate of
39 approval may be revoked by the department or the foster family
40 agency, whichever is applicable, unless the director grants an
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1
14-1 exemption pursuant to subdivision (g). A licensee's failure to
2 comply with the department's prohibition of employment,contact
3 with clients, or presence in the facility as required by paragraph
4 (3)of subdivision(c)shall be grounds for disciplining the licensee
5 pursuant to Section 1550.
6 (e) The State Department of Social Services may not use a
7 record of arrest to deny, revoke, or terminate any application,
8 license, employment, or residence unless the department
9 investigates the incident and secures evidence, whether or not
10 related to the incident of arrest, that is admissible in an
11 administrative hearing to establish conduct by the person that may
12 pose a risk to the health and safety of any person who is or may
13 become a client. The State Department of Social Services is
14 authorized to obtain any arrest or conviction records or reports
15 from any law enforcement agency as necessary to the performance
16 of its duties to inspect, license, and investigate community care
17 facilities and individuals associated with a community care facility.
18 (f) (1) For purposes of this section or any other provision of
19 this chapter, a conviction means a plea or verdict of guilty or a
20 conviction following a plea of nolo contendere. Any action that
21 the State Department of Social Services is permitted to take
22 following the establishment of a conviction may be taken when
23 the time for appeal has elapsed, when the judgment of conviction
24 has been affirmed on appeal,or when an order granting probation
25 is made suspending the imposition of sentence, notwithstanding
26 a subsequent order pursuant to Sections 1203.4 and 1203.4a of the
27 Penal Code permitting the person to withdraw his or her plea of
28 guilty and to enter a plea of not guilty, or setting aside the verdict
29 of guilty,or dismissing the accusation,information,or indictment.
30 For purposes of this section or any other provision of this chapter,
31 the record of a conviction, or a copy thereof certified by the clerk
32 of the court or by a judge of the court in which the conviction
33 occurred, shall be conclusive evidence of the conviction. For
34 purposes of this section or any other provision of this chapter,the
35 arrest disposition report certified by the Department of Justice,or
36 documents admissible in a criminal action pursuant to Section
37 969b of the Penal Code, shall be prima facie evidence of the
38 conviction,notwithstanding any other provision of law prohibiting
39 the admission of these documents in a civil or administrative action.
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1 (2) For purposes of this section or any other provision of this
2 chapter, the department shall consider criminal convictions from
3 another state or federal court as if the criminal offense was
4 committed in this state.
5 (g) (1) After review of the record, the director may grant an.
6 exemption from disqualification for a license or special permit as
7 specified in paragraphs (.1) and (4) of subdivision (a), or for a
8 license, special permit, or certificate of approval as specified in
9 paragraphs (4) and (5) of subdivision (d), or for employment,
10 residence,or presence in a community care facility as specified in
11 paragraphs (3), (4), and (5) of subdivision (c), if the director has
12 substantial and convincing evidence to support a reasonable belief
13 that the applicant and the person convicted of the crime, if other
14 than the applicant, are of good character as to justify issuance of
15 the license or special permit or granting an exemption for purposes
16 of subdivision(c).Except as otherwise provided in this subdivision,
17 an exemption may not be granted pursuant to this subdivision if
18 the conviction was for any of the following offenses:
19 (A) (i) An offense specified in Section 220, 243.4, or 264.1,
20 subdivision (a) of Section 273a or, prior to January 1, 1994,
21 paragraph (1) of Section 273a, Section 273d, 288, or 289,
22 subdivision (a) of Section 290, or Section 368 of the Penal Code,
23 or was a conviction of another crime against an individual specified
24 in subdivision (c) of Section 667.5 of the Penal Code.
25 (ii) Notwithstanding clause (i), the director may grant an
26 exemption regarding the conviction for an offense described in
27 paragraph (1), (2), (7), or (8) of subdivision (c) of Section 667.5
28 of the Penal Code, if the employee or prospective employee has
29 been rehabilitated as provided in Section 4852.03 of the Penal
30 Code, has maintained the conduct required in Section 4852.05 of
31 the Penal Code for at least 10 years, and has the recommendation
32 of the district attorney representing the employee's county of
33 residence,or if the employee or prospective employee has received
34 a certificate of rehabilitation pursuant to Chapter 3.5(commencing
35 with Section 4852.01) of Title 6 of Part 3 of the Penal Code.
36 (B) A felony offense specified in Section 729 of the Business
37 and Professions Code or Section 206 or 215, subdivision (a) of
38 Section 347, subdivision(b) of Section 417, or subdivision (a) of
39 Section 451 of the Penal Code.
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1
16-1 (2) The department may not prohibit a person from being
2 employed or having contact with clients .in a facility on the basis
3 of a denied criminal record exemption request or arrest information
4 unless the department complies with the requirements of Section
5 1558.
6 (h) (1) For purposes of compliance with this section, the
7 department niay permit an individual to transfer a current criminal
8 record clearance, as defined in subdivision (a), from one facility
9 to another, as long as the criminal record clearance has been
10 processed through a state licensing district office, and is being
11 transferred to another facility licensed by a state licensing district
12 office. The request shall be in writing to the State Department of
13 Social Services, and shall include a copy of the person's driver's
14 license or valid identification card issued by the Department of
15 Motor Vehicles, or a valid photo identification issued by another
16 state or the United States government if the person is not a
17 California resident.Upon request of the licensee,who shall enclose
18 a self-addressed envelope for this purpose, the State Department
19 of Social Services shall verify whether the individual has a
20 clearance that can be transferred.
1 (2) The State Department of Social Services shall.hold criminal
22 record clearances in its active files for a minimum of two years
23 after an employee is no longer employed at a licensed facility in
24 order for the criminal record clearance to be transferred.
25 (3) The following shall apply to a criminal record clearance or
26 exemption from the department, fiom a county office with
27 department-delegated licensing authority, or from a county child
28 welfare agency with authority to secure clearances pursuant to
29 Section 16504.5 of the Welfare and Institutions Code and to grant
30 exemptions pursuant to Section 361.4 of the Welfare and
31 Institutions Code:
32 (A) A county office with department-delegated licensing
33 authority, or a county child welfare agency with criminal record
34 clearance and exemption authority, may accept a clearance or
35 exemption from the department.
36 (B) The department may accept a clearance or exemption from
37 any county office with department-delegated licensing authority,
38 or fiom any county child welfare agency with criminal record
39 clearance and exemption authorh. v.
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1 (C) A county office with department-delegated licensing
2 authority, or a county child wefare agency with 0r4117h7al record
3 clearance and exemption authorih), may accept a clearance or
4 exemption from any other county office with department-delegated
5 licensing authority or fi-orn any other county child welfare agency
6 with criminal record clearance and exemption authority.
7 (4) With respect to notifications issued by the Department of
8 Justice pursuant to Section 11105.2 of the Penal Code concerning
9 an individual whose criminal record clearance was originally
10 processed by the department, by a county office with
11 department-delegated licensing authority, or by a county child
12 tia�efare agent}, with criminal record clearance and exemption
13 authorihl, all of the following shall apply:
14 (A) The Department of Justice shall process a request from the
15 department or a county office with department-delegated licensing
16 authority to receive the notice only if all of the following conditions
17 are met:
18 (i) The request shall be submitted to the Department of Justice
19 by the agency to be substituted to receive the notification.
20 (ii) The request shall be for the same applicant type as the type
21 for which the original clearance was obtained.
22 (iii) The request shall contain all prescribed data elements and
23 format protocols pursuant to a written agreement between the
24 department and the Department of Justice.
25 (B) (i) On or before January 7,2005,the department shall notify
26 the Department of Justice of all county offices that have
27 department-delegated licensing authority and of all county child
28 welfare agencies that have authority to secure clearances pursuant
29 to Section 16504.5 of the Welfare and Institutions Code and have
30 authority, to grant exemptions under Section 361.4 of the Welfare
31 and Institutions Code.
32 (ii) The department shall notify the Department of Justice within
33 15 calendar days of the date on which a new county office receives
34 department-delegated licensing authority or a county's delegated
35 licensing authority is rescinded., and shall notify the Department
36 of Justice within IS calendar days of the date on which a nein
37 county child wefare agency that has authority to secure clearances
38 pursuant to Section 16504.5 of the Welfare and Institutions Code,
39 receives authority to grant exemptions under Section 361.4 of the
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1
18-1 Welfare and Institutions Code, and within 15 calendar days of the
2 date on which that authority is rescinded.
3 (C) The Department of Justice shall charge the department-et,
4 a county office with department-delegated licensing authority,
5 or a county child welfare agency with criminal record clearance
6 and exemption authorit}; fee for each time a request to substitute
7 the recipient agency is received for purposes of this paragraph.
8 This fee shall not exceed the cost of providing the service.
9 (i) The full criminal record obtained for purposes of this section
10 may be used by the department or by a licensed adoption agency
1 1 as a clearance required for adoption purposes.
12 0) If a licensee or facility is required by law to deny employment
13 or to terminate employment of any employee based on written
14 notification from the state department that the employee has a prior
15 criminal conviction or is determined unsuitable for employment
16 under Section 1558, the licensee or facility shall not incur civil
17 liability or unemployment insurance liability as a result of that
18 denial or termination.
19 (k) The State Department of Social Services may charge a fee
20 for the costs of processing electronic fingerprint images and related
21 information.
22 (1) Amendments to this section made in the 1999 portion of the
23 1999-2000 Regular Session shall be implemented commencing
24 60 days after the effective date of the act amending this section in
25 the 1999 portion of the 1999-2000 Regular Session, except that
26 those provisions for the submission of fingerprints for searching
27 the records of the Federal Bureau of Investigation shall be
28 implemented 90 days after the effective date of that act.
O
99