Care facilities: criminal background checks.

Under existing law, the State Department of Social Services regulates the licensure and operation of various types of facilities, including community care facilities, residential care facilities for persons with chronic, life-threatening illness, residential facilities for the elderly, and child daycare centers. Existing law requires the department to obtain a criminal history record for all applicants for licenses for these facilities and specified individuals connected with these facilities, including employees, volunteers, and officers. Existing law prohibits persons with certain criminal convictions from obtaining a license and further prohibits these specified individuals from being present in these facilities before obtaining either a criminal record clearance or a criminal record exemption from the department. Existing law also prohibits persons with certain criminal convictions from registering as a home care aide unless the person receives a criminal record clearance or a criminal record exemption. This bill would authorize the department to grant a simplified criminal record exemption to an applicant for a license or special permit to operate or manage these facilities and the specified individuals connected with these facilities, if certain criteria is met. The bill would no longer require specified individuals connected with these facilities or home care aide applicants to sign a declaration under penalty of perjury regarding any prior criminal convictions. The bill would also prohibit the department from requiring an applicant for a license to disclose their criminal history information prior to receipt of live scan results. This bill would incorporate additional changes to Section 1522 of the Health and Safety Code proposed by SB 1093 to be operative only if this bill and SB 1093 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 1568.09 of the Health and Safety Code proposed by SB 1093 to be operative only if this bill and SB 1093 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 1569.17 of the Health and Safety Code proposed by SB 1093 to be operative only if this bill and SB 1093 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 1596.871 of the Health and Safety Code proposed by SB 1093 to be operative only if this bill and SB 1093 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 1796.24 of the Health and Safety Code proposed by SB 1093 to be operative only if this bill and SB 1093 are enacted and this bill is enacted last.