Bill Text: CA SB1136 | 2013-2014 | Regular Session | Chaptered
Bill Title: Foster care providers: criminal records.
Spectrum: Bipartisan Bill
Status: (Passed) 2014-08-21 - Chaptered by Secretary of State. Chapter 222, Statutes of 2014. [SB1136 Detail]
Download: California-2013-SB1136-Chaptered.html
BILL NUMBER: SB 1136 CHAPTERED
BILL TEXT
CHAPTER 222
FILED WITH SECRETARY OF STATE AUGUST 21, 2014
APPROVED BY GOVERNOR AUGUST 21, 2014
PASSED THE SENATE AUGUST 11, 2014
PASSED THE ASSEMBLY AUGUST 7, 2014
AMENDED IN ASSEMBLY JUNE 25, 2014
AMENDED IN ASSEMBLY JUNE 11, 2014
AMENDED IN SENATE MAY 27, 2014
AMENDED IN SENATE APRIL 29, 2014
INTRODUCED BY Senators Huff and Mitchell
(Coauthors: Senators Leno and Wolk)
(Coauthors: Assembly Members Chávez, Gorell, Olsen, and
Wieckowski)
FEBRUARY 20, 2014
An act to amend Section 1522.08 of the Health and Safety Code, and
to add Section 16504.7 to the Welfare and Institutions Code,
relating to foster care.
LEGISLATIVE COUNSEL'S DIGEST
SB 1136, Huff. Foster care providers: criminal records.
Existing law requires the State Department of Social Services to
license and regulate community care facilities, including foster
family homes, certified family homes of licensed foster family
agencies, and group homes. Existing law requires that persons
providing care or services at these homes or facilities obtain either
a criminal record clearance or an exemption from disqualification
from the department, as prescribed.
Existing law authorizes a child welfare agency to secure from an
appropriate governmental criminal justice agency the state summary
criminal history information for specified purposes, including an
assessment of the appropriateness of placing a child subject to the
jurisdiction of the juvenile court with a relative or nonrelative
extended family member. Existing law also requires the Department of
Justice to provide information contained in the Child Abuse Central
Index to the State Department of Social Services, or to any county
licensing agency that has contracted with the state for the
performance of licensing duties.
This bill would authorize the State Department of Social Services
and county child welfare agencies to share information with respect
to applicants, licensees, certificates, or individuals who have been
the subject of any administrative action resulting in the denial,
suspension, probation, or revocation of a license, permit, or
certificate, or in the exclusion of a person from a facility who is
subject to a background check.
The bill would require the State Department of Social Services to
provide, upon the request of a county child welfare agency, a list of
each person who has received a criminal records exemption related to
a licensed or certified foster home, so that the county may assess
the appropriateness of placing a child in the foster home with which
the individual is associated. The bill would also authorize the
department to share with the county child welfare agency summary
information, as defined, related to a criminal record clearance or
exemption granted by the department, except as otherwise limited by
state or federal law. The bill would prohibit the department from
disclosing the names of individuals who are not the subject of the
exemption request or disclosing more information than is necessary,
as determined by the department and in accordance with state and
federal law, to assess the appropriateness of placing a child in a
licensed or certified foster home. The bill would require the
department to issue an all-county letter on or before March 1, 2015,
that specifies the process by which a county may request summary
information, how the information will be issued by the department,
and how the information may be used by a county.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1522.08 of the Health and Safety Code, as
amended by Section 15 of Chapter 22 of the Statutes of 2013, is
amended to read:
1522.08. (a) In order to protect the health and safety of persons
receiving care or services from individuals or facilities licensed
or certified by the state, the following information may be shared:
(1) The California Department of Aging, State Department of Public
Health, State Department of Health Care Services, State Department
of Social Services, and the Emergency Medical Services Authority may
share information with respect to applicants, licensees,
certificates, or individuals who have been the subject of any
administrative action resulting in the denial, suspension, probation,
or revocation of a license, permit, or certificate, or in the
exclusion of any person from a facility who is subject to a
background check, as otherwise provided by law.
(2) The State Department of Social Services and county child
welfare agencies may share information with respect to applicants,
licensees, certificates, or individuals who have been the subject of
any administrative action resulting in the denial, suspension,
probation, or revocation of a license, permit, or certificate, or in
the exclusion of any person from a facility who is subject to a
background check, as otherwise provided by law.
(b) The State Department of Social Services shall maintain a
centralized system for the monitoring and tracking of final
administrative actions, to be used by the California Department of
Aging, State Department of Public Health, State Department of Health
Care Services, State Department of Social Services, the Emergency
Medical Services Authority, and county child welfare agencies as a
part of the background check process. The State Department of Social
Services may charge a fee to departments under the jurisdiction of
the California Health and Human Services Agency and to county child
welfare agencies sufficient to cover the cost of providing those
departments with the final administrative action specified in
subdivision (a). To the extent that additional funds are needed for
this purpose, implementation of this subdivision shall be contingent
upon a specific appropriation provided for this purpose in the annual
Budget Act.
(c) The State Department of Social Services, in consultation with
the other departments under the jurisdiction of the California Health
and Human Services Agency, may adopt regulations to implement this
section.
(d) For the purposes of this section and Section 1499,
"administrative action" means any proceeding initiated by the
California Department of Aging, State Department of Public Health,
State Department of Health Care Services, State Department of Social
Services, and the Emergency Medical Services Authority to determine
the rights and duties of an applicant, licensee, or other individual
or entity over which the department has jurisdiction. "Administrative
action" may include, but is not limited to, action involving the
denial of an application for, or the suspension or revocation of, any
license, special permit, administrator certificate, criminal record
clearance, or exemption.
SEC. 2. Section 16504.7 is added to the Welfare and Institutions
Code, to read:
16504.7. (a) Upon request by a county child welfare agency, the
department shall provide a list identifying each person who has
received a criminal records exemption pursuant to subdivision (g) of
Section 1522 of the Health and Safety Code related to a licensed or
certified foster home so that the county may assess the
appropriateness of placing a child who has been detained or is a
dependent of the court in the licensed or certified foster home with
which the individual is associated.
(b) Except as otherwise limited by state or federal law, the
department shall make available to the county child welfare agency,
summary information used in making the determination to grant the
exemption. The department shall consult with the Department of
Justice, counties, and other interested stakeholders to ensure that
information is shared expeditiously and in accordance with state and
federal law.
(c) For purposes of this section, "summary information" means
information pertaining to the specific crimes for which the exemption
was requested and a summary of the evidence the department used in
making its determination to grant the exemption. The information
shall be limited to one page for each crime exempted.
(d) In providing summary information pursuant to this section, the
department shall not disclose the names of individuals who are not
the subject of the exemption request. County child welfare agencies
shall not disclose information related to the exemption beyond what
is necessary, as determined by the department and in accordance with
state and federal law, to assess the appropriateness of placing a
child in a licensed or certified foster home.
(e) Notwithstanding the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code),
the department shall implement this section by means of an all-county
letter issued on or before March 1, 2015. The all-county letter
shall specify the process by which a county may request summary
information, how the information will be issued by the department,
and how the information may be used by a county.
