AB 1437: Care facilities: criminal record clearances.

(1)Existing law generally requires the State Department of Social Services to license and regulate designated types of care facilities. The department is specifically required to investigate the criminal record of certain individuals who provide services to the residents and clients of a community care facility, a residential care facility for persons with chronic life-threatening illness, a residential care facility for the elderly, or a child day care facility. Violations of the licensing requirements for these different types of care facilities are crimes.

This bill would expand who is required to comply with the requirement for obtaining a criminal record clearance by limiting an exception to this requirement and would expand a requirement for the department to maintain criminal record clearances of individuals in its active files. The bill would require, until an automated information system for tracking changes in facility associations is available, the department to permit a licensee who operates more than one of the same kind of care facility to coordinate the criminal record clearances for individuals associated with its facilities, as specified, and a licensee to update the department regarding individuals associated with its facilities at specified times and in a designated manner. By expanding the requirements for these different licensees, this bill would expand the crimes for a failure to comply with those requirements, thereby imposing a state-mandated local program.

(2)This bill would incorporate additional changes to Section 1522 of the Health and Safety Code proposed by AB 1930 to be operative only if this bill and AB 1930 are enacted and this bill is enacted last.

(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 no reimbursement is required by this act for a specified reason.