Social workers: criminal history.

Existing law requires the counties, with the assistance of the State Department of Social Services, to provide child welfare services, including emergency response, foster care placement, adoption services, and family maintenance and reunification. Under existing law, counties may secure from the Department of Justice a criminal record for all county welfare department employees who have frequent and routine contact with children, if the employees provide services to children who are alleged victims of abuse, neglect, or exploitation. If the employee has been convicted of a crime, other than a minor traffic violation, the county welfare director must determine whether there is substantial and convincing evidence to support a reasonable belief that the employee is of good character. Existing law provides specified crimes for which the employee must be suspended from duties involving frequent and routine contact with children. This bill would require a county, if an applicant is otherwise qualified for the position and the county is likely to make an offer of employment either to a new applicant or transferring a current employee, for a position with frequent and routine contact with children, if the employee will provide services to children who are alleged victims of abuse, neglect, or exploitation, to secure from the Department of Justice a criminal record to determine if the person has ever been convicted of specified crimes. The bill would prohibit the county from employing the person under prescribed circumstances. The bill would allow the county to require the person to pay any fees charged by the Department of Justice for the processing of the criminal history and an additional fee in an amount not more than the amount sufficient to cover the costs to the county of administering the criminal record checks. This bill would exclude a person who has obtained a certificate of rehabilitation, or with respect to whom the accusation or information has been dismissed, from being considered convicted for purposes of the bill. This bill would also permit a county to obtain fingerprints from specified current employees for the purpose of obtaining a criminal record from the Department of Justice. The bill would require the county to terminate or suspend from any duties involving frequent and routine contact with children an employee whose criminal record includes conviction for specified crimes. Because this bill would require the counties to take additional steps to hire certain employees, it would impose a state-mandated local program. 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 no reimbursement is required by this act for a specified reason.