AB 2417: Child abuse reporting.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2016-09-30
Existing law requires the Department of Justice to maintain an index of all reports of child abuse and severe neglect submitted by agencies mandated to make those reports. Existing law requires the Department of Justice to make relevant information contained in the index available to specified law enforcement agencies, county welfare departments, and other agencies that are conducting a child abuse investigation.
Existing law authorizes a designated Court Appointed Special Advocate (CASA) program to submit to the department fingerprint images and related information of employment and volunteer candidates for the purpose of obtaining information as to the existence and nature of any record of child abuse investigations contained in the Child Abuse Central Index, state- or federal-level convictions, or state- or federal-level arrests for which the department establishes that the applicant was released on bail or on his or her own recognizance pending trial. Existing law requires the department to charge a fee sufficient to cover the cost of processing the requests for state- and federal-level criminal offender record information.
This bill would instead prohibit the department from charging a fee for state-level criminal offender record information.
Existing law requires the Department of Justice to maintain an index of all reports of child abuse and severe neglect submitted by agencies mandated to make those reports. Existing law requires the Department of Justice to make relevant information contained in the index available to specified law enforcement agencies, county welfare departments, and other agencies that are conducting a child abuse investigation.
Existing law authorizes a designated Court Appointed Special Advocate (CASA) program to submit to the department fingerprint images and related information of employment and volunteer candidates for the purpose of obtaining information as to the existence and nature of any record of child abuse investigations contained in the Child Abuse Central Index, state- or federal-level convictions, or state- or federal-level arrests for which the department establishes that the applicant was released on bail or on his or her own recognizance pending trial. Existing law requires the department to charge a fee sufficient to cover the cost of processing the requests for state- and federal-level criminal offender record information.
This bill would instead prohibit the department from charging a fee for state-level criminal offender record information.
Existing law requires the Department of Justice to maintain an index of all reports of child abuse and severe neglect submitted by agencies mandated to make those reports. Existing law requires the Department of Justice to make relevant information contained in the index available to specified law enforcement agencies, county welfare departments, and other agencies that are conducting a child abuse investigation.
Existing law authorizes a designated Court Appointed Special Advocate (CASA) program to submit to the department fingerprint images and related information of employment and volunteer candidates for the purpose of obtaining information as to the existence and nature of any record of child abuse investigations contained in the Child Abuse Central Index, state- or federal-level convictions, or state- or federal-level arrests for which the department establishes that the applicant was released on bail or on his or her own recognizance pending trial. Existing law requires the department to charge a fee sufficient to cover the cost of processing the requests for state- and federal-level criminal offender record information.
This bill would instead prohibit the department from charging a fee for state-level criminal offender record information.
Existing law provides that except in cases where a different punishment is prescribed by law, every offense declared to be a misdemeanor is punishable by imprisonment in the county jail not exceeding 6 months, or by a fine not exceeding $1,000, or by both the fine and imprisonment.
This bill would make technical, nonsubstantive changes to that provision.
Existing law provides that except in cases where a different punishment is prescribed by law, every offense declared to be a misdemeanor is punishable by imprisonment in the county jail not exceeding 6 months, or by a fine not exceeding $1,000, or by both the fine and imprisonment.
This bill would make technical, nonsubstantive changes to that provision.
(a)A designated Court Appointed Special Advocate (CASA) program may submit to the Department of Justice fingerprint images and related information of employment and volunteer candidates for the purpose of obtaining information as to the existence and nature of any record of child abuse investigations contained in the Child Abuse Central Index, state- or federal-level convictions, or state- or federal-level arrests for which the department establishes that the applicant was released on bail or on his or her own recognizance pending trial. Requests for federal-level criminal offender record information received by the department pursuant to this section shall be forwarded to the Federal Bureau of Investigation by the department.
(b)When requesting state-level criminal offender record information pursuant to this section, the designated CASA program shall request subsequent arrest notification, pursuant to Section 11105.2 of the Penal Code, for all employment and volunteer candidates.
(c)The department shall respond to the designated CASA program with information as delineated in subdivision (p) of Section 11105 of the Penal Code.
(d)(1)The department shall charge a fee sufficient to cover the cost of processing the requests for federal-level criminal offender record information.
(2)The department shall not charge a fee for state-level criminal offender record information.
(e)For purposes of this section, a designated CASA program is a local court-appointed special advocate program that has adopted and adheres to the guidelines established by the Judicial Council and which has been designated by the local presiding juvenile court judge to recruit, screen, select, train, supervise, and support lay volunteers to be appointed by the court to help define the best interests of children in juvenile court dependency and wardship proceedings. For purposes of this section, there shall be only one designated CASA program in each California county.
(a)A designated Court Appointed Special Advocate (CASA) program may submit to the Department of Justice fingerprint images and related information of employment and volunteer candidates for the purpose of obtaining information as to the existence and nature of any record of child abuse investigations contained in the Child Abuse Central Index, state- or federal-level convictions, or state- or federal-level arrests for which the department establishes that the applicant was released on bail or on his or her own recognizance pending trial. Requests for federal-level criminal offender record information received by the department pursuant to this section shall be forwarded to the Federal Bureau of Investigation by the department.
(b)When requesting state-level criminal offender record information pursuant to this section, the designated CASA program shall request subsequent arrest notification, pursuant to Section 11105.2 of the Penal Code, for all employment and volunteer candidates.
(c)The department shall respond to the designated CASA program with information as delineated in subdivision (p) of Section 11105 of the Penal Code.
(d)(1)The department shall charge a fee sufficient to cover the cost of processing the requests for federal-level criminal offender record information.
(2)The department shall not charge a fee for state-level criminal offender record information.
(e)For purposes of this section, a designated CASA program is a local court-appointed special advocate program that has adopted and adheres to the guidelines established by the Judicial Council and which has been designated by the local presiding juvenile court judge to recruit, screen, select, train, supervise, and support lay volunteers to be appointed by the court to help define the best interests of children in juvenile court dependency and wardship proceedings. For purposes of this section, there shall be only one designated CASA program in each California county.
(a)A designated Court Appointed Special Advocate (CASA) program may submit to the Department of Justice fingerprint images and related information of employment and volunteer candidates for the purpose of obtaining information as to the existence and nature of any record of child abuse investigations contained in the Child Abuse Central Index, state- or federal-level convictions, or state- or federal-level arrests for which the department establishes that the applicant was released on bail or on his or her own recognizance pending trial. Requests for federal-level criminal offender record information received by the department pursuant to this section shall be forwarded to the Federal Bureau of Investigation by the department.
(b)When requesting state-level criminal offender record information pursuant to this section, the designated CASA program shall request subsequent arrest notification, pursuant to Section 11105.2 of the Penal Code, for all employment and volunteer candidates.
(c)The department shall respond to the designated CASA program with information as delineated in subdivision (p) of Section 11105 of the Penal Code.
(d)(1)The department shall charge a fee sufficient to cover the cost of processing the requests for state- and federal-level criminal offender record information.
(2)The department shall not charge a fee for state-level criminal offender record information.
(e)For purposes of this section, a designated CASA program is a local court-appointed special advocate program that has adopted and adheres to the guidelines established by the Judicial Council and which has been designated by the local presiding juvenile court judge to recruit, screen, select, train, supervise, and support lay volunteers to be appointed by the court to help define the best interests of children in juvenile court dependency and wardship proceedings. For purposes of this section, there shall be only one designated CASA program in each California county.
(f)This section shall become operative on July 1, 2004.
SECTION 1.Section 19 of the Penal Code is amended to read:19.Except in cases where a different punishment is prescribed by any law of this state, every offense declared to be a misdemeanor is punishable by imprisonment in a county jail not exceeding six months, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment.
Except in cases where a different punishment is prescribed by any law of this state, every offense declared to be a misdemeanor is punishable by imprisonment in the a county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both. both that fine and imprisonment.
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Date
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Status
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|---|---|
| Apr 28, 2016 | Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0.) |
| Aug 25, 2016 | Enrolled and presented to the Governor at 5 p.m. |
| Aug 19, 2016 | In Assembly. Ordered to Engrossing and Enrolling. |
| Aug 18, 2016 | Read third time. Passed. Ordered to the Assembly. (Ayes 36. Noes 0.). |
| Aug 18, 2016 | Read third time. Passed. Ordered to the Assembly. (Ayes 36. Noes 0. Page 5139.). |
| Aug 18, 2016 | Read third time. Passed. Ordered to the Assembly. |
| Aug 11, 2016 | Ordered to special consent calendar. |
| Aug 3, 2016 | Read second time. Ordered to third reading. |
| Aug 2, 2016 | From committee: Do pass. (Ayes 7. Noes 0.) (August 1). |
| Jun 22, 2016 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (June 21). Re-referred to Com. on APPR. |
| Jun 21, 2016 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (June 21). Re-referred to Com. on APPR. |
| May 5, 2016 | Referred to Com. on PUB. S. |
| Feb 19, 2016 | Introduced. To print. |
| Apr 28, 2016 | Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 4595.) |
| Apr 28, 2016 | Read third time. Passed. Ordered to the Senate. |
| Apr 28, 2016 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Apr 21, 2016 | Read second time. Ordered to Consent Calendar. |
| Apr 20, 2016 | From committee: Do pass. To Consent Calendar. (Ayes 16. Noes 0.) (April 20). |
| Apr 13, 2016 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (April 12). Re-referred to Com. on APPR. |
| Mar 16, 2016 | Re-referred to Com. on PUB. S. |
| Mar 15, 2016 | From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended. |
| Mar 14, 2016 | Referred to Com. on PUB. S. |
| Feb 22, 2016 | Read first time. |
| Feb 21, 2016 | From printer. May be heard in committee March 22. |
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Date
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Description
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Location
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Votes
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|---|---|---|---|---|
| Aug 18, 2016 | Special Consent AB2417 Cooley By Mitchell | Senate Floor |
Passed |
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| Aug 1, 2016 | Do pass | Senate Standing Committee on Appropriations |
Passed |
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| Jun 21, 2016 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Public Safety |
Passed |
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| Apr 28, 2016 | AB 2417 COOLEY Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
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| Apr 20, 2016 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
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| Apr 12, 2016 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Public Safety |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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|---|---|---|
| California Court Appointed Special Advocates | ** Support | Aug 1, 2016 |
| Child Advocates of El Dorado County | ** Support | Aug 1, 2016 |
| Children Now | ** Support | Aug 1, 2016 |
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 2417
:
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 6/21/16
AYES: Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/1/16
AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen
ASSEMBLY FLOOR: 76-0, 4/28/16 (Consent) - See last page for vote
DIGEST: This bill prohibits the Department of Justice (DOJ) from charging fees to Court Appointed Special Advocate (CASA) Programs for background checks.
Existing law:
- Directs DOJ to maintain an index, referred to as the Child Abuse Central Index (CACI), of all substantiated reports of child abuse and neglect submitted as specified. (Penal Code § 11170 (a)(1) & (a)(3).)
- Allows DOJ to disclose information contained in CACI to multiple identified parties for purposes of child abuse investigation, licensing, and employment applications for positions that have interaction with children. (Penal Code § 11170 (b).)
- Requires DOJ to remove a person's name from CACI when it is notified that the due process hearing resulted in a finding that the listing was based on an unsubstantiated report. (Penal Code § 11169 (g).)
- Requires the Judicial Council to establish guidelines for CASA programs, as specified. (Welfare & Institutions Code § 100 et seq.; Cal. Rules of Court, rule 5.655.)
- Authorizes CASA programs to request fingerprint background checks. (Penal Code § 11170 (b)(5).)
- Authorizes DOJ to charge fees sufficient to cover the cost of conducting fingerprint background checks. (Penal Code § 11005 (e).)
- Prohibits DOJ from charging a fee for fingerprint background checks for volunteers at child care facilities who are required to be fingerprinted if funding is provided in the Budget. (Health & Safety Code §§ 1596.871 & 1596.8713.)
- Requires background checks for child mentors in the foster care system and prohibits DOJ from charging fees for the background checks. (Health & Safety Code §1522.06.)
This bill prohibits DOJ from charging a fee to CASA programs who submit to DOJ fingerprint images and related information of employment and volunteer candidates for the purpose of obtaining information regarding any record of child abuse investigations contained in CACI or state and federal criminal record data bases.
Background
CASA volunteers are deemed as officers of the court for the purpose of representing juveniles and wards of the court without other representation. This allows CASA advocates to represent children in proceedings that affect them. CASA programs recruit volunteers to serve as advocates for these children, and trains them in accordance with minimum guidelines set by the Judicial Council. These guidelines require that CASA advocates and employees be fingerprinted and run through a CACI background check to ensure the advocates and employees does not have a history of child abuse or neglect.
CASA programs are non-profits relying heavily on volunteers. Currently, CASA programs must pay a fee to DOJ to process the mandatory background check. In contrast, under existing law, there is no fee for background checks of child care mentors serving youths in the foster care system and child care facility volunteers. This bill extends the fee prohibition for background checks to CASA program volunteers and employees.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Senate Appropriations Committee, annual loss of revenue to the DOJ of about $100,000 (Special Fund*). Based on data indicating 3,244 submissions by CASAs for background checks in 2015, the estimated fee revenue loss would be $104,000 due to the prohibition from charging the $32 fee.
*Fingerprint Fees Account – Senate Appropriations staff notes the Fingerprint Fees Account has experienced an increasing reserve balance of several million dollars each year over the past three years, with a projected ending reserve balance of $46.4 million in FY 2016-17.
California CASA Association
Child Advocates of El Dorado County
Children Now
None received
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon
NO VOTE RECORDED: Chávez, Daly, Mathis, Olsen
Prepared by: Mary Kennedy / PUB. S. /
8/3/16 19:33:38
**** END ****
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 2417 (Cooley) – Child abuse reporting
Version: March 15, 2016 | Policy Vote: PUB. S. 7 - 0 |
Urgency: No | Mandate: No |
Hearing Date: August 1, 2016 | Consultant: Jolie Onodera |
This bill does not meet the criteria for referral to the Suspense File.
Bill Summary:
AB 2417 would prohibit the Department of Justice (DOJ) from charging a fee to a Court Appointed Special Advocate (CASA) program for state-level criminal offender record information.
Fiscal Impact:
Annual loss of revenue to the DOJ of about $100,000 (Special Fund*). Based on data indicating 3,244 submissions by CASAs for background checks in 2015, the estimated fee revenue loss would be $104,000 due to the prohibition from charging the $32 fee.
*Fingerprint Fees Account – staff notes the Fingerprint Fees Account has experienced an increasing reserve balance of several million dollars each year over the past three years, with a projected ending reserve balance of $46.4 million in FY 2016-17.
Background:
Existing law provides that a designated CASA program is a local court-appointed special advocate program that has adopted and adheres to the guidelines established by the Judicial Council and which has been designated by the local presiding juvenile court judge to recruit, screen, select, train, supervise, and support volunteers to be appointed by the court to help define the best interests of children in juvenile court dependency and wardship proceedings. Existing law provides there shall be only one designated CASA program in each county. (PC § 11105.04 (e).)
Under existing law, a designated CASA program may submit to the DOJ fingerprint images and related information of employment and volunteer candidates for the purpose of obtaining information as to the existence and nature of any record of child abuse investigations contained in the Child Abuse Central Index, state- or federal-level convictions, or state- or federal-level arrests for which the DOJ establishes that the applicant was released on bail or on his or her own recognizance pending trial. (PC § 11105.04 (a).)
Under existing law, the DOJ is required to charge a fee sufficient to cover the cost of processing the CASA requests for state- and federal-level criminal offender record information. (PC § 11105.4 (d).) However, existing law prohibits the DOJ from charging a fee for fingerprint background checks for volunteer mentors of children in the foster care system. (Health and Safety Code § 1522.06.)
Proposed Law:
This bill would prohibit the DOJ from charging a fee to a CASA program for state-level criminal offender record information.
Prior Legislation:
AB 424 (B. Gaines) Chapter 71/2015 authorizes the appointment of a CASA in a juvenile delinquency proceeding, and provides that a CASA shall be considered court personnel for purposes of inspecting the case file of a dependent child or ward of the juvenile court.
Staff Comments: By prohibiting the DOJ from charging a fee to a CASA program for state-level criminal offender record information, this bill could result in an ongoing reduction in fee revenue. Based on caseload information from the DOJ indicating 3,244 submissions for fingerprints by CASAs in 2015, the estimated fee revenue loss to the Fingerprint Fees Account is about $100,000 annually based on the $32 fee per submission. To the extent the imposition of the fee has been a barrier to obtaining state-level criminal offender record information, the volume of CASA submissions could increase in future years, however, the extent of the potential increase is unknown. The volume of submissions would have to increase by 50 percent annually in order for the estimated revenue loss to exceed the Suspense threshold of $150,000 annually (Special Funds).
Staff notes the Fingerprint Fees Account has experienced an increasing reserve balance of several million dollars each year over the past three years, with a projected ending reserve balance of $46.4 million in FY 2016-17.
-- END --
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Loni Hancock, Chair
2015 - 2016 Regular
Bill No: AB 2417 Hearing Date: June 21, 2016
Author: | Cooley | ||
Version: | March 15, 2016 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | MK | ||
Subject: Child Abuse Reporting
HISTORY
Source: California Court Appointed Special Advocates Association
Prior Legislation: AB 424 (Beth Gaines) Chapter 424, Stats 2015
AB 1979 (Bass) Chapter 382, Stats. 2006
SB 618 (Chesbro) Chapter 934, Stats. 1999
Support: Child Advocates of El Dorado County; California CASA Association; Children Now
Opposition: None known
Assembly Floor Vote: 76 - 0
PURPOSE
The purpose of this bill is to prohibit the Department of Justice (DOJ) from charging fees to Court Appointed Special Advocate (CASA) Programs for background checks.
Existing law directs DOJ to maintain an index, referred to as CACI, of all substantiated reports of child abuse and neglect submitted as specified. (Penal Code § 11170 (a)(1) & (a)(3).)
Existing law allows DOJ to disclose information contained in CACI to multiple identified parties for purposes of child abuse investigation, licensing, and employment applications for positions that have interaction with children. (Penal Code § 11170 (b).)
Existing law requires DOJ to remove a person's name from CACI when it is notified that the due process hearing resulted in a finding that the listing was based on an unsubstantiated report. (Penal Code, § 11169 (g).)
Existing law requires the Judicial Council to establish guidelines for CASA programs, as specified. (Welfare & Institutions Code § 100 et seq.; Cal. Rules of Court, rule 5.655.)
Existing law authorizes CASA programs to request fingerprint background checks. (Pen. Code, § 11170 (b)(5).)
Existing law authorizes DOJ to charge fees sufficient to cover the cost of conducting fingerprint background checks. (Penal Code § 11005 (e).)
Existing law prohibits DOJ from charging a fee for fingerprint background checks for volunteers at child care facilities who are required to be fingerprinted if funding is provided in the Budget. (Health & Safety Code, §§ 1596.871 & 1596.8713.)
Existing law requires background checks for child mentors in the foster care system and prohibits DOJ from charging fees for the background checks. (Health & Safety Code, §1522.06.)
This bill prohibits DOJ from charging a fee to CASA programs who submit to DOJ fingerprint images and related information of employment and volunteer candidates for the purpose of obtaining information regarding any record of child abuse investigations contained in the Child Abuse Central Index (CACI) or state and federal criminal record data bases.
RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
For the past several years this Committee has scrutinized legislation referred to its jurisdiction for any potential impact on prison overcrowding. Mindful of the United States Supreme Court ruling and federal court orders relating to the state’s ability to provide a constitutional level of health care to its inmate population and the related issue of prison overcrowding, this Committee has applied its “ROCA” policy as a content-neutral, provisional measure necessary to ensure that the Legislature does not erode progress in reducing prison overcrowding.
On February 10, 2014, the federal court ordered California to reduce its in-state adult institution population to 137.5% of design capacity by February 28, 2016, as follows:
- 143% of design bed capacity by June 30, 2014;
- 141.5% of design bed capacity by February 28, 2015; and,
- 137.5% of design bed capacity by February 28, 2016.
In December of 2015 the administration reported that as “of December 9, 2015, 112,510 inmates were housed in the State’s 34 adult institutions, which amounts to 136.0% of design bed capacity, and 5,264 inmates were housed in out-of-state facilities. The current population is 1,212 inmates below the final court-ordered population benchmark of 137.5% of design bed capacity, and has been under that benchmark since February 2015.” (Defendants’ December 2015 Status Report in Response to February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman v. Brown, Plata v. Brown (fn. omitted).) One year ago, 115,826 inmates were housed in the State’s 34 adult institutions, which amounted to 140.0% of design bed capacity, and 8,864 inmates were housed in out-of-state facilities. (Defendants’ December 2014 Status Report in Response to February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman v. Brown, Plata v. Brown (fn. omitted).)
While significant gains have been made in reducing the prison population, the state must stabilize these advances and demonstrate to the federal court that California has in place the “durable solution” to prison overcrowding “consistently demanded” by the court. (Opinion Re: Order Granting in Part and Denying in Part Defendants’ Request For Extension of December 31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court, Coleman v. Brown, Plata v. Brown (2-10-14). The Committee’s consideration of bills that may impact the prison population therefore will be informed by the following questions:
- Whether a proposal erodes a measure which has contributed to reducing the prison population;
- Whether a proposal addresses a major area of public safety or criminal activity for which there is no other reasonable, appropriate remedy;
- Whether a proposal addresses a crime which is directly dangerous to the physical safety of others for which there is no other reasonably appropriate sanction;
- Whether a proposal corrects a constitutional problem or legislative drafting error; and
- Whether a proposal proposes penalties which are proportionate, and cannot be achieved through any other reasonably appropriate remedy.
COMMENTS
1. Need for This Bill
According to the author:
Volunteer Court Appointed Special Advocates (CASA) are citizens sworn in as officers of the court who speak up for children’s needs, while mentoring youth and supporting successful transitions for children in foster care.
Children with a CASA have better outcomes. They are more likely to find a safe permanent home, half as likely to reenter the foster care system, and more likely to succeed in school. Currently, there are not enough CASAs to advocate on behalf of the foster children in need of their services.
Pursuant to a policy intended to support mentorship to foster youth, the DOJ is prohibited from charging fees to qualifying nonprofit organizations, childcare facilities and foster youth mentors. CASA programs are excluded from this benefit, which places a financial burden on local programs. Due to the financial burden background checks present, some CASA programs ask volunteers to cover the costs of their background check fees. This financial ask can limit the pool of potential volunteers and affect services provided to children in the foster care system.
2. CASA Volunteers
CASA volunteers are deemed as officers of the court for the purpose of representing juveniles and wards of the court without other representation. This allows CASA advocates to represent children in proceedings that affect them. CASA programs recruit volunteers to serve as advocates for these children, and trains them in accordance with minimum guidelines set by the Judicial Council. These guidelines require that CASA advocates and employees be fingerprinted and run through a CACI background check to ensure the advocates and employees does not have a history of child abuse or neglect.
CASA programs are non-profits relying heavily on volunteers. Currently, CASA programs must pay a fee to DOJ to process the mandatory background check. In contrast, under existing law, there is no fee for background checks of child care mentors serving youths in the foster care system and child care facility volunteers. This bill would extend the fee prohibition for background checks to CASA program volunteers and employees.
-- END –
Date of Hearing: April 20, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
ABPCA Bill Id:AB 2417
Author:(Cooley) – As Amended Ver:March 15, 2016
Policy Committee: | Public Safety | Vote: | 7 - 0 |
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Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill prohibits the Department of Justice (DOJ) from charging the Court Appointed Special Advocate (CASA) Program for specific background checks on CASA employees and volunteers.
FISCAL EFFECT:
DOJ revenue loss in the $100,000 range (Fingerprint Fees Account). During 2015, there were 3,244 submissions for background checks that would have been exempt from the $32 fee.
COMMENTS:
Background/Purpose. Current law requires the Judicial Council to establish guidelines for CASA programs, as specified. It also authorizes CASA programs to request fingerprint background checks. DOJ is authorized to charge fees sufficient to cover the cost of conducting fingerprint background checks. However, under current law, DOJ is prohibited from charging a fee for fingerprint background checks for volunteers at child care facilities who are required to be fingerprinted if funding is provided in the Budget Act. Also, current law requires background checks for child mentors in the foster care system and prohibits DOJ from charging fees for the background checks.
California has a network of 44 local CASA programs that provide volunteers to serve as one-on-one mentors to abused and neglected children who are dependents or wards of the court.
AB 2417 includes CASAs in an existing fee exemption for Department of Justice (DOJ) criminal history background checks which are vital to protecting these vulnerable children
Analysis Prepared by: Pedro Reyes / APPR. / (916) 319-2081
Date of Hearing: April 12, 2016
Consultant: Matt Dean
ASSEMBLY COMMITTEE ON
Reginald Byron Jones-Sawyer, Sr., Chair
ABPCA Bill Id:
Author:() – As Ver:March 15, 2016
SUMMARY:
Prohibits the Department of Justice (DOJ) from charging fees to Court Appointed Special Advocate (CASA) Programs for background checks. Specifically, this bill: Prohibits DOJ from charging a fee to CASA programs who submit to DOJ fingerprint images and related information of employment and volunteer candidates for the purpose of obtaining information regarding any record of child abuse investigations contained in the Child Abuse Central Index (CACI), state- or federal-level convictions, or state- or federal-level arrests for which DOJ establishes that the applicant was released on bail or on his or her own recognizance pending trial.
EXISTING LAW:
-
- Requires that any specified mandated reporter who has knowledge of or observes a child, in his or her professional capacity or within the scope of his or her employment whom the reporter knows, or reasonably suspects, has been the victim of child abuse, shall report it immediately to a specified child protection agency. (Pen. Code, § 11166, subd. (a).)
- Requires specified local agencies to send DOJ reports of every case of child abuse or severe neglect that they investigate and determine to be substantiated. (Pen. Code, § 11169, subd. (a).)
- Directs DOJ to maintain an index, referred to as CACI, of all substantiated reports of child abuse and neglect submitted as specified. (Pen. Code, § 11170, subds. (a)(1) & (a)(3).)
- Allows DOJ to disclose information contained in CACI to multiple identified parties for purposes of child abuse investigation, licensing, and employment applications for positions that have interaction with children. (Pen. Code, § 11170, subd. (b).)
- Requires reporting agencies to provide written notification to a person reported to CACI. (Pen. Code, § 11169, subd. (c).)
- Provide that, except in those cases where a court has determined that suspected child abuse or neglect has occurred or a case is currently pending before the court, any person listed in CACI has the right to hearing which comports with due process before the agency that requested the person's CACI inclusion. (Pen. Code, § 11169, subds. (d) & (e).)
- Requires a reporting agency to notify the DOJ when a due process hearing results in a finding that a CACI listing was based on an unsubstantiated report. (Pen. Code, § 11169, subd. (g).)
- Requires DOJ to remove a person's name from CACI when it is notified that the due process hearing resulted in a finding that the listing was based on an unsubstantiated report. (Pen. Code, § 11169, subd. (g).)
- Provides that any person listed in CACI who has reached age 100 is to be removed from CACI. (Pen. Code, § 11169, subd. (f).)
- Requires the Judicial Council to establish guidelines for CASA programs, as specified. (Welf. & Inst. Code, § 100 et seq.; Cal. Rules of Court, rule 5.655.)
- Authorizes CASA programs to request fingerprint background checks. (Pen. Code, § 11170, subd. (b)(5).)
- Authorizes DOJ to charge fees sufficient to cover the cost of conducting fingerprint background checks. (Pen. Code, § 11005, subd. (e).)
- Prohibits DOJ from charging a fee for fingerprint background checks for volunteers at child care facilities who are required to be fingerprinted if funding is provided in the Budget. (Health & Saf. Code, §§ 1596.871 & 1596.8713.)
- Requires background checks for child mentors in the foster care system and prohibits DOJ from charging fees for the background checks. (Health & Saf. Code, § 1522.06.)
FISCAL EFFECT:
Unknown
COMMENTS:
- Author's Statement: According to the author, "California has a network of 44 local CASA programs that recruit, train and supervise volunteers who are appointed by a judge to provide one-on-one mentorship and advocacy to abused and neglected children who are dependents or wards of the juvenile court. CASA volunteers advocate on behalf of the children they serve to ensure their educational, health and visitation needs are met. Additionally, volunteers ensure that children are placed in homes with families in which they will thrive.
“Children with a CASA have better outcomes. They are more likely to find a safe permanent home, half as likely to reenter the foster care system, and more likely to succeed in school. Currently, there are not enough CASAs to advocate on behalf of the foster children in need of their services.
“Pursuant to a policy intended to support mentorship to foster youth, the DOJ is prohibited from charging fees to qualifying nonprofit organizations, childcare facilities and foster youth mentors. CASA programs are excluded from this benefit which can limit the pool of potential volunteers and affect services provided to children in the foster care system.
“AB 2417 includes CASAs in an existing fee exemption for State Department of Justice (DOJ) criminal history background checks which are vital to protecting these vulnerable children.”
- Background: CASA volunteers are deemed as officers of the court for the purpose of representing juveniles and wards of the court without other representation. This allows CASA advocates to represent children in proceedings that affect them. CASA programs recruit volunteers to serve as advocates for these children, and trains them in accordance with minimum guidelines set by the Judicial Council. These guidelines require that CASA advocates and employees be fingerprinted and run through a CACI background check to ensure the advocates and employees does not have a history of child abuse or neglect. Currently, CASA programs must pay a fee to DOJ to process this mandatory background check. This mandatory expense is burdensome, given that these programs are non-profits relying heavily on volunteers. Yet, under existing law, there is no fee for background checks of child care mentors serving youths in the foster care system and child care facility volunteers. This bill would extend the fee prohibition for background checks to CASA program volunteers and employees.
- Argument in Support: According to the California Court Appointed Special Advocates, “California CASA Association works to ensure children in the foster care system have both a voice and the services they need for a stable future, by strengthening California’s network of local CASA programs and advocating for progressive child welfare policy and practice. California CASA represents a network of 44 local programs operating in 50 different counties around the state.
“These 44 local programs recruit, train, and supervise volunteers who are appointed by a judge to provide one-on-one mentorship and advocacy to abused and neglected children who are under the jurisdiction of the juvenile court. CASA programs are required by law to fingerprint each CASA volunteer to screen for criminal background before allowing them to mentor and advocate for children.
“Currently, California nonprofits that serve children do not have to pay the California Department of Justice administrative fee for state criminal background (CORI) checks; however, as the law is currently written, CASA programs are not included in this exemption. AB 2417 (Cooley) amends Penal Code Section 11105.04 to bring CASA programs in line with similarly situated from non-profits, and exempts programs from paying this fee.
“California’s CASA programs all operate on tight budgets that depend on a variety of funding streams. All budgetary pressures impact the number of children in foster care who can have the guidance and advocacy of CASA. By saving programs the administrative fees associated with a state CORI check, programs will be able to instead invest these dollars in serving additional youth.
“Based on the current DOJ fee of $32 dollars per a state CORI check and the 2,600 volunteers trained during the last fiscal year, we estimate this change would save our network approximately $83,200 annually. These network wide savings present great opportunity for our programs to grow, meeting a great need presented in many of our communities. Also, amending the law this way would stop CASA programs from being the only youth-serving nonprofit organizations required to pay this fee.”
- Prior Legislation:
- AB 424 (Gaines), Chapter 71, Statutes of 2015, authorized the appointment of a CASA in a juvenile delinquency proceeding, and provides that a CASA shall be considered court personnel for purposes of inspecting the case file of a dependent child or ward of the juvenile court.
- AB 2343 (Torres), Chapter 256, Statutes of 2012, requires DOJ to furnish a copy of criminal background information to the person to whom the information relates if the information is a basis for an adverse employment, licensing, or certification decision.
- AB 1979 (Bass) Chapter 382, Statutes of 2006, specifies that candidates for mentoring foster children shall be subject to a criminal background investigation prior to having unsupervised contact with the children. This bill would prohibit the Department of Justice and the State Department of Health Services from charging a fee for a state-level criminal offender record information search and criminal background investigation.
- SB 618 (Chesbro) Chapter 934, Statutes of 1999, limited the prohibition on fees being charged for the processing of fingerprints or for the obtaining of certain criminal records to volunteers at a child care facility who are required to be fingerprinted.
REGISTERED SUPPORT / OPPOSITION:
Support
California Court Appointed Special Advocates (Sponsor)
Child Advocates of El Dorado County
Children Now
Opposition
None
Analysis Prepared by:
Discussed in Hearing
Senate Standing Committee on Appropriations
Bill Author
Bill Co-Author(s):