SB 1201: Placement of children: criminal records check.

Existing law requires the State Department of Social Services, county adoption agency, or licensed adoption agency to require each person who files an application for adoption to be fingerprinted and to secure from an appropriate law enforcement agency a criminal records check to determine whether the person has ever been convicted of a crime other than a minor traffic violation. Existing law requires the criminal record, if any, to be taken into consideration when evaluating the prospective adoptive parent, as specified. Existing law prohibits the department, county adoption agency, or licensed adoption agency from giving final approval for an adoptive placement in a home in which the prospective adoptive parent or an adult living in the home has been convicted of a felony conviction for child abuse or neglect, spousal abuse, crimes against a child, or a crime involving violence, including rape, sexual assault, and homicide.

Existing law requires the county welfare department to initiate an assessment of a relatives or nonrelative extended family members suitability, before placing a child in that persons home, including a consideration of the results of a criminal records check, as specified. Existing law requires the court or county social worker placing a child to cause a criminal records check to be conducted whenever a child may be placed in the home of a relative, or the home of any prospective guardian or other person who is not a licensed or certified foster parent. Existing law also requires the State Department of Social Services to implement a resource family approval process, as specified, that includes a criminal records clearance of all adults residing in, or regularly present in, the home.

Existing law generally prohibits a child from being placed in an adoptive or foster home if a person in the home has been convicted of certain crimes, but authorizes the Director of Social Services to grant an exemption from disqualification, allowing a child to be placed in a home despite the conviction of a person in the home for certain crimes that would make the home ineligible for the placement of the child, as specified.

This bill would prohibit the department, county adoption agency, or licensed adoption agency from giving final approval for an adoptive placement in a home in which the prospective adoptive parent or an adult living in the home has been convicted of a crime that is classified as a violent felony for purposes of various provisions of the Penal Code.

This bill would also prohibit a child from being placed in the home of a relative, nonrelative, foster, or resource family if the person has been convicted of a felony conviction for specified crimes, including a crime against a child, or a crime involving violence, as defined. The bill would require the county social worker and the court to consider the criminal history in determining whether the placement is in the best interests of the child if the criminal records check indicates that the person has been convicted of any other crime, as specified. The bill would also limit the exception allowing the placement of a child in a home if the director has granted an exemption, as specified.

By imposing a higher level of service on county employees, the bill 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.