SB 213: Placement of children: criminal records check.

Existing law prohibits the State Department of Social Services, a county adoption agency, or a 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 certain felonies for which an exemption cannot be granted.

Existing law requires the county welfare department, before placing a child in the home of a relative, nonrelative extended family member, prospective guardian, or another person who is not a licensed or certified foster parent or an approved resource family, to consider the results of a criminal records check, as specified. Existing law prohibits the childs placement in the home if the person has been convicted of certain felonies and prohibits, if the person has been convicted of any other crime, the child from being placed in the home until the county has granted an exemption.

Existing law subjects foster care provider applicants and resource family applicants to a criminal records check and prohibits licensure or approval of an applicant who has been convicted of certain felonies, but authorizes the department or county, as applicable, to grant an exemption from disqualification for the conviction of any other crime.

This bill would also (1) prohibit the final approval for an adoptive placement, (2) prohibit the placement of a child in the home of a relative, nonrelative extended family member, prospective guardian, or another person who is not a licensed or certified foster parent or an approved resource family, and (3) prohibit licensure of a foster care provider applicant and approval of a resource family applicant, if the person or any individual subject to the background check requirements, as specified, has a felony conviction for any of certain specified crimes. The bill would specify that a child may be placed in the home of the above-described persons, that a foster care provider applicant may be licensed, and that a resource family applicant may be approved, if the person has been convicted of one of certain specified crimes and has been granted an exemption based on all reasonably available information and if the department or other approving entity has substantial and convincing evidence to support a reasonable belief that the applicant or the person convicted of the crime, if other than the applicant, is of present good character, as specified. The bill would require the department or other approving entity to grant an exemption for a person convicted of any other crime, if the persons state and federal criminal history information, as specified, independently supports a reasonable belief that the applicant or the person convicted of the crime, if other than the applicant, is of present good character necessary to justify the granting of an exemption, or under other specified criteria that the department or other approving entity may use as necessary to protect the health and safety of a child. The bill would also make conforming changes and technical changes to related provisions.

This bill would incorporate certain additional changes to Section 1522 of the Health and Safety Code, and Sections 361.4 and 16519.5 of the Welfare and Institutions Code, proposed by AB 404, to be operative only if this bill and AB 404 are enacted and this bill is enacted last.

By imposing a higher level of service on county employees, this bill would impose a state-mandated local program.

This bill would require the department to convene a stakeholder group to develop and implement, to the extent permissible under existing law, recommendations for streamlining the criminal exemption process for certain prospective employees in childrens residential settings.

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.