Placement of children: criminal background checks.

(1) Existing law, the California Community Care Facilities Act, provides for the licensure and regulation of community care facilities, including foster family homes and foster family agencies, by the State Department of Social Services. Violation of these provisions is a misdemeanor. Existing law requires a criminal record check of applicants for a license, special permit, or certificate of approval for a foster family home or certified family home, and other persons, including nonclients who reside in those homes and staff and employees. Existing law requires that an application be denied, unless the Director of Social Services grants an exemption, if it is found that the applicant or any of the other designated persons has been convicted of prescribed crimes. This bill would prohibit the State Department of Social Services or other approving authority from issuing a license or certificate of approval to any foster family home or certified family home applicant who has not obtained both a California and Federal Bureau of Investigation criminal record clearance or an exemption from disqualification, as prescribed. This bill would, to the same extent required for federal funding, effective October 1, 2008, prohibit the director from granting an exemption where a foster care provider applicant or any of the other designated persons have been convicted of certain felonies at any time and other felonies in the previous 5 years. This bill would prohibit exemptions under these circumstances for foster care providers, as specified, in those homes where the individual has been convicted of murder or voluntary manslaughter. (2) Existing law sets forth circumstances under which a minor may be adjudged a dependent child of the juvenile court, and establishes procedures to determine the temporary placement of a dependent child. Existing law requires a county social worker to visit the home of a relative or prospective guardian who is not a licensed or certified foster parent, prior to placing the child in that home, to ascertain the appropriateness of the placement. Existing law also requires the court or county social worker to initiate a state and federal criminal records check through the California Law Enforcement Telecommunications System as part of their assessment. Existing law provides that these provisions shall remain in effect only until January 1, 2010, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2010, deletes or extends that date. This bill would prohibit placement of the child in the home of a person if the criminal records check indicates the person has been convicted of a crime that the Director of Social Services cannot grant an exemption for with respect to foster family home and certified family home applicants. This bill would also prohibit placement of a child in the home of a person who has been convicted of a crime that the Director of Social Services may grant an exemption for unless a criminal records exemption has been granted by the county, based on substantial and convincing evidence, to support a reasonable belief that the person with the criminal conviction is of such good character as to justify the placement and not present a risk of harm to the child. This bill would repeal the provisions relating to the sunset and repeal of these existing law provisions. To the extent this bill would impose additional duties on county welfare departments, this bill would create a state-mandated local program. (3) 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. (4) This bill would declare that it is to take effect immediately as an urgency statute.