AB 2126: Community care facilities: criminal background exemptions.
- Session Year: 2025-2026
- House: Assembly
- Latest Version Date: 2026-04-16
Current Status:
In Progress
(2026-05-14: In committee: Held under submission.)
Introduced
In Committee
Awaiting First Chamber Vote
Passed First Chamber
In Committee
Awaiting Second Chamber Vote
Passed Second Chamber
Enacted
What does this bill do?
This bill requires the State Department of Social Services to grant a criminal record exemption to current or former foster youth who were convicted of offenses before age 21 when they will be employed in peer support roles (not caregiving) at foster family agencies, short‑term residential therapeutic programs, community treatment facilities, or group homes. The exemption requires no additional evidence, and the bill defines “current or former foster youth” (dependency on or after age 13) and “peer support capacity” (helping foster youth with advocacy, life skills, and navigating services).
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Existing law requires the State Department of Social Services to license and regulate community care facilities, residential care facilities for persons with chronic, life-threatening illness, residential care facilities for the elderly, and childcare centers. Existing law requires the department to obtain a criminal record for all applicants for licenses for these facilities and services and specified other employees and officers of these facilities. Existing law requires the department to issue an exemption from disqualification to certain applicants who have been convicted of an offense, if the individuals state and federal criminal history information independently supports a reasonable belief that the applicant is of present good character necessary to justify the granting of an exemption, as specified. Existing law authorizes the department to use its discretion in evaluating a an individual for the purposes of making an exemption decision, as necessary to protect the health and safety of a child.
This bill would add to the definition of a peer support specialist to include a current or former foster youth based on their experience of trauma, recovery, and system navigation. The bill would require the department to issue an exemption from disqualification for current or former foster youth who have been convicted of certain offenses that occurred prior to the individual reaching 21 years of age and the youth will be employed in a peer support capacity and not a caregiving capacity and would not require any additional evidentiary showing.
Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income persons receive health care benefits. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law establishes a schedule of benefits under the Medi-Cal program and provides for various services, including various behavioral and mental health services that are rendered by Medi-Cal enrolled providers.
Existing law requires the department, subject to any necessary federal waivers or approvals, to establish statewide requirements for counties or their representatives to use in developing certification programs for the certification of peer support specialists, who are individuals who self-identify as having lived experience with the process of recovery from mental illness, substance use disorder, or both.
Existing law requires the State Department of Social Services to license and regulate community care facilities, residential care facilities for persons with chronic, life-threatening illness, residential care facilities for the elderly, and childcare centers. Existing law requires the department to obtain a criminal record for all applicants for licenses for these facilities and services and specified other employees and officers of these facilities. Existing law requires the department to issue an exemption from disqualification to certain applicants who have been convicted of an offense, if the individuals state and federal criminal history information independently supports a reasonable belief that the applicant is of present good character necessary to justify the granting of an exemption, as specified. Existing law authorizes the department to use its discretion in evaluating a an individual for the purposes of making an exemption decision, as necessary to protect the health and safety of a child.
This bill would add to the definition of a peer support specialist to include a current or former foster youth based on their experience of trauma, recovery, and system navigation. The bill would require the department to issue an exemption from disqualification for current or former foster youth who have been convicted of certain offenses that occurred prior to the individual reaching 21 years of age and the youth will be employed in a peer support capacity and not a caregiving capacity and would not require any additional evidentiary showing.
The Legislature recognizes the need to generate timely and accurate positive fingerprint identification of applicants as a condition of issuing licenses, permits, or certificates of approval for persons to operate or provide direct care services in a community care facility, foster family home, certified family home or resource family of a licensed foster family agency, or a tribally approved home. Therefore, the Legislature supports the use of the fingerprint live-scan technology, as identified in the long-range plan of the Department of Justice for fully automating the processing of fingerprints and other data by the year 1999, otherwise known as the California Crime Information Intelligence System (CAL-CII), to be used for applicant fingerprints. It is the intent of the Legislature in enacting this section to require the fingerprints of those individuals whose contact with community care clients may pose a risk to the clients health and safety. An individual shall be required to obtain either a criminal record clearance or a criminal record exemption from the State Department of Social Services before their initial presence in a community care facility or certified family home.
(a)(1)Before and, as applicable, subsequent to issuing a license or special permit to a person to operate or manage a community care facility, the State Department of Social Services shall secure from an appropriate law enforcement agency a criminal record to determine whether the applicant or any other person specified in subdivision (b) has been convicted of a crime other than an infraction or arrested for a crime specified in Section 290 of the Penal Code, or for violating Section 245, 273ab, or 273.5 of the Penal Code, subdivision (b) of Section 273a of the Penal Code, or, prior to January 1, 1994, paragraph (2) of Section 273a of the Penal Code, or for a crime for which the department is prohibited from granting a criminal record exemption pursuant to subdivision (g).
(2)The criminal history information shall include the full criminal record, if any, of those persons, and subsequent arrest information pursuant to Section 11105.2 of the Penal Code.
(3)The following shall apply to the criminal record information:
(A)If the State Department of Social Services finds that the applicant, or any other person specified in subdivision (b), has been convicted of a crime other than an infraction, the application shall be denied, unless the department grants an exemption pursuant to subdivision (g) of this section or Section 1522.7.
(B)If the State Department of Social Services finds that the applicant, or any other person specified in subdivision (b), is awaiting trial for a crime other than an infraction infraction, the State Department of Social Services may cease processing the criminal record information until the conclusion of the trial.
(C)If no criminal record information has been recorded, the Department of Justice shall provide the applicant and the State Department of Social Services with a statement of that fact.
(D)If the State Department of Social Services finds, after licensure, that the licensee, or any other person specified in paragraph (1) of subdivision (b), has been convicted of a crime other than an infraction, the license may be revoked, unless the department grants an exemption pursuant to subdivision (g).
(E)An applicant and any other person specified in subdivision (b) shall submit fingerprint images and related information to the Department of Justice for the purpose of searching the criminal records of the Federal Bureau of Investigation, in addition to the criminal records search required by this subdivision. If, after licensure, or the issuance of a certificate of approval of a certified family home by a foster family agency, the department determines that the licensee or any other person specified in subdivision (b) has a criminal record, the department may revoke the license, or require a foster family agency to revoke the certificate of approval, pursuant to Section 1550. The department may also suspend the license or require a foster family agency to suspend the certificate of approval pending an administrative hearing pursuant to Section 1550.5.
(F)The State Department of Social Services shall develop procedures to provide the individuals state and federal criminal history information with the written notification of the individuals exemption denial or revocation based on the criminal record. Receipt of the criminal history information shall be optional on the part of the individual, as set forth in the agencys procedures. The procedure shall protect the confidentiality and privacy of the individuals record, and the criminal history information shall not be made available to the employer.
(G)Notwithstanding any other law, the department may provide an individual with a copy of the individuals state or federal level criminal offender record information search response as provided to that department by the Department of Justice if the department has denied a criminal background clearance based on this information and the individual makes a written request to the department for a copy specifying an address to which it is to be sent. The state or federal level criminal offender record information search response shall not be modified or altered from its form or content as provided by the Department of Justice and shall be provided to the address specified by the individual in the individuals written request. The department shall retain a copy of the individuals written request and the response and date provided.
(b)(1)In addition to the applicant, this section is applicable to criminal record clearances and exemptions for the following persons:
(A)Adults responsible for administration or direct supervision of staff.
(B)Any adult, other than a client, residing in the facility, certified family home, resource family home, or tribally approved home.
(C)Any person who provides client assistance in dressing, grooming, bathing, or personal hygiene. Any nurse assistant or home health aide meeting the requirements of Section 1338.5 or 1736.6, respectively, who is not employed, retained, or contracted by the licensee, and who has been certified or recertified on or after July 1, 1998, shall be deemed to meet the criminal record clearance requirements of this section. A certified nurse assistant and certified home health aide who will be providing client assistance and who falls under this exemption shall provide one copy of their current certification, prior to providing care, to the community care facility. The facility shall maintain the copy of the certification on file as long as care is being provided by the certified nurse assistant or certified home health aide at the facility or in a certified family home or resource family home of a foster family agency. This paragraph does not restrict the right of the department to exclude a certified nurse assistant or certified home health aide from a licensed community care facility or certified family home or resource family home of a foster family agency pursuant to Section 1558.
(D)Any staff person, volunteer, or employee who has contact with the clients.
(E)Any adult who works in a community care facility that is eligible to accept placement of a dependent child.
(F)If the applicant is a firm, partnership, association, or corporation, the chief executive officer or other person serving in like capacity.
(G)Additional officers of the governing body of the applicant, or other persons with a financial interest in the applicant, as determined necessary by the department by regulation. The criteria used in the development of these regulations shall be based on the persons capability to exercise substantial influence over the operation of the facility.
(2)The following persons are exempt from the requirements applicable under paragraph (1):
(A)A medical professional, as defined in department regulations, who holds a valid license or certification from the persons governing California medical care regulatory entity and who is not employed, retained, or contracted by the licensee if all of the following apply:
(i)The criminal record of the person has been cleared as a condition of licensure or certification by the persons governing California medical care regulatory entity.
(ii)The person is providing time-limited specialized clinical care or services.
(iii)The person is providing care or services within the persons scope of practice.
(iv)The person is not a community care facility licensee or an employee of the facility.
(B)A third-party repair person or similar retained contractor if all of the following apply:
(i)The person is hired for a defined, time-limited job.
(ii)The person is not left alone with clients.
(iii)When clients are present in the room in which the repair person or contractor is working, a staff person who has a criminal record clearance or exemption is also present.
(C)Employees of a licensed home health agency and other members of licensed hospice interdisciplinary teams who have a contract with a client or resident of the facility, certified family home, or resource family home and are in the facility, certified family home, or resource family home at the request of that client or residents legal decisionmaker. The exemption does not apply to a person who is a community care facility licensee or an employee of the facility.
(D)Clergy and other spiritual caregivers who are performing services in common areas of the community care facility, certified family home, resource family home, or tribally approved home or who are advising an individual client at the request of, or with the permission of, the client or legal decisionmaker, are exempt from fingerprint and criminal background check requirements imposed by community care licensing. This exemption does not apply to a person who is a community care licensee or employee of the facility.
(E)Members of fraternal, service, or similar organizations who conduct group activities for clients if all of the following apply:
(i)Members are not left alone with clients.
(ii)Members do not transport clients off the facility, certified family home, or resource family home premises.
(iii)The same organization does not conduct group activities for clients more often than defined by the departments regulations.
(3)In addition to the exemptions in paragraph (2), the following persons in foster family homes, resource family homes, certified family homes, tribally approved homes, and small family homes are exempt from the requirements applicable under paragraph (1):
(A)Adult friends and family of the foster parent, who come into the home to visit for a length of time no longer than defined by the department in regulations, provided that the adult friends and family of the foster parent are not left alone with the foster children. However, the foster parent, acting as a reasonable and prudent parent, as defined in paragraph (2) of subdivision (a) of Section 362.04 of the Welfare and Institutions Code, may allow their adult friends and family to provide short-term care to the foster child and act as an appropriate occasional short-term babysitter for the child.
(B)Parents of a foster childs friend when the foster child is visiting the friends home and the friend, foster parent, or both are also present. However, the foster parent, acting as a reasonable and prudent parent, may allow the parent of the foster childs friend to act as an appropriate, occasional short-term babysitter for the child without the friend being present.
(C)Individuals who are engaged by a foster parent to provide short-term care to the child for periods not to exceed 24 hours. Caregivers shall use a reasonable and prudent parent standard in selecting appropriate individuals to act as appropriate occasional short-term babysitters.
(4)In addition to the exemptions specified in paragraph (2), the following persons in adult day care daycare and adult day support centers are exempt from the requirements applicable under paragraph (1):
(A)Unless contraindicated by the clients individualized program plan (IPP) or needs and service plan, a spouse, significant other, relative, or close friend of a client, or an attendant or a facilitator for a client with a developmental disability if the attendant or facilitator is not employed, retained, or contracted by the licensee. This exemption applies only if the person is visiting the client or providing direct care and supervision to the client.
(B)A volunteer if all of the following apply:
(i)The volunteer is supervised by the licensee or a facility employee with a criminal record clearance or exemption.
(ii)The volunteer is never left alone with clients.
(iii)The volunteer does not provide client assistance with dressing, grooming, bathing, or personal hygiene other than washing of hands.
(5)(A)In addition to the exemptions specified in paragraph (2), the following persons in adult residential and social rehabilitation facilities, unless contraindicated by the clients individualized program plan (IPP) or needs and services plan, are exempt from the requirements applicable under paragraph (1): a spouse, significant other, relative, or close friend of a client, or an attendant or a facilitator for a client with a developmental disability if the attendant or facilitator is not employed, retained, or contracted by the licensee. This exemption applies only if the person is visiting the client or providing direct care and supervision to that client.
(B)This subdivision does not prevent a licensee from requiring a criminal record clearance of any individual exempt from the requirements of this section, provided that the individual has client contact.
(6)Any person similar to those described in this subdivision, as defined by the department in regulations.
(c)(1)Subsequent to initial licensure, a person specified in subdivision (b) who is not exempted from fingerprinting shall obtain either a criminal record clearance or an exemption from disqualification pursuant to subdivision (g) of this section or Section 1522.7 from the State Department of Social Services prior to employment, residence, or initial presence in the facility. A person specified in subdivision (b) who is not exempt from fingerprinting shall be fingerprinted. The licensee shall submit fingerprint images and related information to the Department of Justice and the Federal Bureau of Investigation, through the Department of Justice, for a state and federal level criminal offender record information search, or comply with paragraph (1) of subdivision (h). These fingerprint images and related information shall be sent by electronic transmission in a manner approved by the State Department of Social Services and the Department of Justice for the purpose of obtaining a permanent set of fingerprints, and shall be submitted to the Department of Justice by the licensee. A licensees failure to prohibit the employment, residence, or initial presence of a person specified in subdivision (b) who is not exempt from fingerprinting and who has not received either a criminal record clearance or an exemption from disqualification pursuant to subdivision (g) or to comply with paragraph (1) of subdivision (h), as required in this section, shall result in the citation of a deficiency and the immediate assessment of civil penalties in the amount of one hundred dollars ($100) per violation per day for a maximum of five days, unless the violation is a second or subsequent violation within a 12-month period in which case the civil penalties shall be in the amount of one hundred dollars ($100) per violation for a maximum of 30 days, and shall be grounds for disciplining the licensee pursuant to Section 1550. The department may assess civil penalties for continued violations as permitted by Section 1548. The fingerprint images and related information shall then be submitted to the Department of Justice for processing. Upon request of the licensee, who shall enclose a self-addressed stamped postcard for this purpose, the Department of Justice shall verify receipt of the fingerprints. The department shall not require the person to disclose their criminal history information prior to receipt of the live scan results.
(2)Within 14 calendar days of the receipt of the fingerprint images, the Department of Justice shall notify the State Department of Social Services of the criminal record information, as provided in subdivision (a). If no criminal record information has been recorded, the Department of Justice shall provide the licensee and the State Department of Social Services with a statement of that fact within 14 calendar days of receipt of the fingerprint images. Documentation of the individuals clearance or exemption from disqualification shall be maintained by the licensee and be available for inspection. If new fingerprint images are required for processing, the Department of Justice shall, within 14 calendar days from the date of receipt of the fingerprints, notify the licensee that the fingerprints were illegible, the Department of Justice shall notify the State Department of Social Services, as required by Section 1522.04, and shall also notify the licensee by mail, within 14 days of electronic transmission of the fingerprints to the Department of Justice, if the person has no criminal history recorded. A violation of the regulations adopted pursuant to Section 1522.04 shall result in the citation of a deficiency and an immediate assessment of civil penalties in the amount of one hundred dollars ($100) per violation per day for a maximum of five days, unless the violation is a second or subsequent violation within a 12-month period in which case the civil penalties shall be in the amount of one hundred dollars ($100) per violation for a maximum of 30 days, and shall be grounds for disciplining the licensee pursuant to Section 1550. The department may assess civil penalties for continued violations as permitted by Section 1548.
(3)Except for persons specified in subdivision (b) who are exempt from fingerprinting, the licensee shall endeavor to ascertain the previous employment history of persons required to be fingerprinted. If it is determined by the State Department of Social Services, on the basis of the fingerprint images and related information submitted to the Department of Justice, that subsequent to obtaining a criminal record clearance or exemption from disqualification pursuant to subdivision (g), the person has been convicted of, or is awaiting trial for, a sex offense against a minor, or has been convicted for an offense specified in Section 243.4, 273a, 273ab, 273d, 273g, or 368 of the Penal Code, or a felony, the State Department of Social Services shall notify the licensee to act immediately to terminate the persons employment, remove the person from the community care facility, or bar the person from entering the community care facility. The State Department of Social Services may subsequently grant an exemption from disqualification pursuant to subdivision (g). If the conviction or arrest was for another crime, except an infraction, the licensee shall, upon notification by the State Department of Social Services, act immediately to either (A) terminate the persons employment, remove the person from the community care facility, or bar the person from entering the community care facility; or (B) seek an exemption from disqualification pursuant to subdivision (g). The State Department of Social Services shall determine if the person shall be allowed to remain in the facility until a decision on the exemption from disqualification is rendered. A licensees failure to comply with the departments prohibition of employment, contact with clients, or presence in the facility as required by this paragraph shall result in a citation of deficiency and an immediate assessment of civil penalties in the amount of one hundred dollars ($100) per violation per day and shall be grounds for disciplining the licensee pursuant to Section 1550.
(4)The department may issue an exemption from disqualification on its own motion pursuant to subdivision (g) if the persons criminal history indicates that the person is of good character based on the age, seriousness, and frequency of the conviction or convictions. The department, in consultation with interested parties, shall develop regulations to establish the criteria to grant an exemption from disqualification pursuant to this paragraph.
(5)Concurrently with notifying the licensee pursuant to paragraph (3), the department shall notify the affected individual of their right to seek an exemption from disqualification pursuant to subdivision (g). The individual may seek an exemption from disqualification only if the licensee terminates the persons employment or removes the person from the facility after receiving notice from the department pursuant to paragraph (3).
(d)(1)Before and, as applicable, subsequent to issuing a license or certificate of approval to a person or persons to operate a foster family home, certified family home as described in Section 1506, or resource family pursuant to Section 1517 of this code or Section 16519.5 of the Welfare and Institutions Code, the State Department of Social Services or other approving authority shall secure California and Federal Bureau of Investigation criminal history information to determine whether the applicant or any person specified in subdivision (b) who is not exempt from fingerprinting has ever been convicted of a crime other than an infraction or arrested for a crime specified in subdivision (c) of Section 290 of the Penal Code, for violating Section 245, 273ab, or 273.5, subdivision (b) of Section 273a, or, prior to January 1, 1994, paragraph (2) of Section 273a, of the Penal Code, or for a crime for which the department is prohibited from granting a criminal record exemption pursuant to subdivision (g). The State Department of Social Services or other approving authority shall not issue a license or certificate of approval to a foster family home, certified family home, or resource family applicant who has not obtained both a California and Federal Bureau of Investigation criminal record clearance or exemption from disqualification pursuant to subdivision (g).
(2)The criminal history information shall include the full criminal record, if any, of those persons.
(3)Neither the Department of Justice nor the State Department of Social Services may charge a fee for the fingerprinting of an applicant for a license, special permit, or certificate of approval described in this subdivision. The record, if any, shall be taken into consideration when evaluating a prospective applicant.
(4)The following shall apply to the criminal record information:
(A)If the applicant or other persons specified in subdivision (b) who are not exempt from fingerprinting have convictions that would make the applicants home unfit as a foster family home, a certified family home, or resource family, the license, special permit, certificate of approval, or presence shall be denied.
(B)If the State Department of Social Services finds that the applicant, or any person specified in subdivision (b) who is not exempt from fingerprinting, is awaiting trial for a crime other than an infraction, the State Department of Social Services or other approving authority may cease processing the criminal record information until the conclusion of the trial.
(C)For purposes of this subdivision, a criminal record clearance provided under Section 8712 of the Family Code may be used by the department or other approving authority.
(D)To the same extent required for federal funding, a person specified in subdivision (b) who is not exempt from fingerprinting shall submit a set of fingerprint images and related information to the Department of Justice and the Federal Bureau of Investigation, through the Department of Justice, for a state and federal level criminal offender record information search, in addition to the criminal records search required by subdivision (a).
(5)Any person specified in this subdivision shall, as a part of the application, be fingerprinted and sign a declaration under penalty of perjury regarding any prior criminal convictions or arrests for any crime against a child, spousal or cohabitant abuse, or a crime for which the department cannot grant an exemption if the person was convicted and shall submit these fingerprints to the licensing agency or other approving authority.
(6)(A)Subsequent to initial licensure, certification, or approval, a person specified in subdivision (b) who is not exempt from fingerprinting shall obtain both a California and Federal Bureau of Investigation criminal record clearance, or an exemption from disqualification pursuant to subdivision (g), prior to employment, residence, or initial presence in the foster family home, certified family home, or resource family home. A foster family home licensee or foster family agency shall submit fingerprint images and related information of persons specified in subdivision (b) who are not exempt from fingerprinting to the Department of Justice and the Federal Bureau of Investigation, through the Department of Justice, for a state and federal level criminal offender record information search, or to comply with paragraph (1) of subdivision (h). A foster family home licensees or a foster family agencys failure to either prohibit the employment, residence, or initial presence of a person specified in subdivision (b) who is not exempt from fingerprinting and who has not received either a criminal record clearance or an exemption from disqualification pursuant to subdivision (g), or comply with paragraph (1) of subdivision (h), as required in this section, shall result in a citation of a deficiency, and the immediate civil penalties of one hundred dollars ($100) per violation per day for a maximum of five days, unless the violation is a second or subsequent violation within a 12-month period in which case the civil penalties shall be in the amount of one hundred dollars ($100) per violation for a maximum of 30 days, and shall be grounds for disciplining the licensee pursuant to Section 1550. A violation of the regulation adopted pursuant to Section 1522.04 shall result in the citation of a deficiency and an immediate assessment of civil penalties in the amount of one hundred dollars ($100) per violation per day for a maximum of five days, unless the violation is a second or subsequent violation within a 12-month period in which case the civil penalties shall be in the amount of one hundred dollars ($100) per violation for a maximum of 30 days, and shall be grounds for disciplining the foster family home licensee or the foster family agency pursuant to Section 1550. The State Department of Social Services may assess penalties for continued violations, as permitted by Section 1548. The fingerprint images shall then be submitted to the Department of Justice for processing.
(B)Upon request of the licensee, who shall enclose a self-addressed envelope for this purpose, the Department of Justice shall verify receipt of the fingerprints. Within five working days of the receipt of the criminal record or information regarding criminal convictions from the Department of Justice, the department shall notify the applicant of any criminal arrests or convictions. If no arrests or convictions are recorded, the Department of Justice shall provide the foster family home licensee or the foster family agency with a statement of that fact concurrent with providing the information to the State Department of Social Services.
(7)If the State Department of Social Services or other approving authority finds that the applicant, or any other person specified in subdivision (b) who is not exempt from fingerprinting, has been convicted of a crime other than an infraction, the application or presence shall be denied, unless the department grants an exemption from disqualification pursuant to subdivision (g).
(8)If the State Department of Social Services or other approving authority finds, after licensure or the granting of the certificate of approval, that the licensee, certified foster parent, resource family, or any other person specified in subdivision (b) who is not exempt from fingerprinting, has been convicted of a crime other than an infraction, the license or certificate of approval may be revoked or rescinded by the department or the foster family agency, whichever is applicable, unless the department grants an exemption from disqualification pursuant to subdivision (g). A licensees failure to comply with the departments prohibition of employment, contact with clients, or presence in the facility as required by paragraph (3) of subdivision (c) shall be grounds for disciplining the licensee pursuant to Section 1550.
(e)(1)The State Department of Social Services shall not use a record of arrest to deny, revoke, rescind, or terminate an application, license, certificate of approval, employment, or residence unless the department investigates the incident and secures evidence, whether or not related to the incident of arrest, that is admissible in an administrative hearing to establish conduct by the person that may pose a risk to the health and safety of a person who is or may become a client.
(2)The department shall not issue a criminal record clearance to a person who has been arrested for a crime specified in Section 290 of the Penal Code, or for violating Section 245, 273ab, or 273.5, or subdivision (b) of Section 273a, of the Penal Code, or, prior to January 1, 1994, paragraph (2) of Section 273a of the Penal Code, or for a crime for which the department is prohibited from granting a criminal record exemption pursuant to subdivision (g), prior to the completion of an investigation pursuant to paragraph (1).
(3)The State Department of Social Services is authorized to obtain arrest or conviction records or reports from any law enforcement agency as necessary to the performance of its duties to inspect, license, and investigate community care facilities and individuals associated with a community care facility.
(f)(1)For purposes of this chapter, a conviction means a plea or verdict of guilty or a conviction following a plea of nolo contendere. Any action that the State Department of Social Services is permitted to take following the establishment of a conviction may be taken when the time for appeal has elapsed, when the judgment of conviction has been affirmed on appeal, or when an order granting probation is made suspending the imposition of sentence, notwithstanding a subsequent order pursuant to Sections 1203.4 and 1203.4a of the Penal Code permitting the person to withdraw a plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment. For purposes of this chapter, the record of a conviction, or a copy thereof certified by the clerk of the court or by a judge of the court in which the conviction occurred, shall be conclusive evidence of the conviction. For purposes of this chapter, the arrest disposition report certified by the Department of Justice, or documents admissible in a criminal action pursuant to Section 969b of the Penal Code, shall be prima facie evidence of the conviction, notwithstanding any other law prohibiting the admission of these documents in a civil or administrative action.
(2)For purposes of this chapter, the department shall consider criminal convictions from another state or federal court as if the criminal offense was committed in this state.
(g)(1)Except as otherwise provided in this subdivision with respect to a foster care provider applicant, including a relative caregiver, nonrelative extended family member, or resource family, after review of the record, the department may grant an exemption from disqualification for a license or special permit as specified in paragraph (4) of subdivision (a), or for a license, special permit, or certificate of approval as specified in paragraphs (4), (7), and (8) of subdivision (d), or for employment, residence, or presence in a community care facility as specified in paragraphs (3), (4), and (5) of subdivision (c), if the department 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 rehabilitated and is presently of such good character as to justify issuance of the license or special permit or granting an exemption for purposes of subdivision (c). Except as otherwise provided in this subdivision, an exemption shall not be granted pursuant to this subdivision if the conviction was for any of the following offenses:
(A)(i)An offense specified in Section 220, 243.4, or 264.1, subdivision (a) of Section 273a, or, prior to January 1, 1994, paragraph (1) of Section 273a, Section 273ab, 273d, 288, or 289, subdivision (c) of Section 290, or Section 368, of the Penal Code, or was a conviction of another crime against an individual specified in subdivision (c) of Section 667.5 of the Penal Code.
(ii)Notwithstanding clause (i), the department may grant an exemption regarding the conviction for an offense described in paragraph (1), (2), (7), or (8) of subdivision (c) of Section 667.5 of the Penal Code, if the employee or prospective employee has been rehabilitated as provided in Section 4852.03 of the Penal Code, has maintained the conduct required in Section 4852.05 of the Penal Code for at least 10 years, and has the recommendation of the district attorney representing the employees county of residence, or if the employee or prospective employee has received a certificate of rehabilitation pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code.
(B)A felony offense specified in Section 729 of the Business and Professions Code or Section 206 or 215, subdivision (a) of Section 347, subdivision (b) of Section 417, or subdivision (a) of Section 451 of the Penal Code.
(C)(i)Notwithstanding clause (ii) of subparagraph (A), an exemption shall not be granted pursuant to this subdivision to any applicant for licensure of a community care facility eligible to accept placement of a dependent child if either that applicant or any other person specified in subdivision (b) who is associated with the facility has a felony conviction for either of the following offenses:
(I)A felony conviction for child abuse or neglect, spousal abuse, crimes against a child, including child pornography, or for a crime involving violence, including rape, sexual assault, or homicide, but not including other physical assault and battery. For purposes of this subclause, a crime involving violence means a violent crime specified in clause (i) of subparagraph (A) or subparagraph (B).
(II)A felony conviction for physical assault, battery, or a drug- or alcohol-related offense that occurred within the last five years.
(ii)This subparagraph shall be operative to the extent that compliance with these provisions is required by federal law as a condition for receiving funding under Title IV-E of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.).
(2)(A)For a foster care provider applicant, a resource family applicant, a tribally approved home applicant, or a prospective respite care provider, as described in Section 16501.01 of the Welfare and Institutions Code, except as specified in clause (iv), an exemption shall not be granted if that applicant, or any individual subject to the background check requirements of this section pursuant to foster care provider applicant, resource family approval, tribally approved home, or respite care provider standards, has a conviction within the past 10 years for any of the following offenses:
(i)An offense specified in Section 220, 243.4, or 264.1, subdivision (a) of Section 273a, or, prior to January 1, 1994, paragraph (1) of Section 273a, Section 273ab, 273d, 288, or 289, subdivision (c) of Section 290, or Section 368, of the Penal Code, or was a conviction of another crime against an individual specified in subdivision (c) of Section 667.5 of the Penal Code.
(ii)A felony offense specified in Section 729 of the Business and Professions Code or Section 206 or 215, subdivision (a) of Section 347, subdivision (b) of Section 417, or subdivision (a) of Section 451 of the Penal Code.
(iii)Except as specified in clause (iv), an exemption shall not be granted pursuant to this subdivision to any foster care provider applicant, including a tribally approved home applicant, if that applicant, or any other person specified in subdivision (b) in those homes, has a felony conviction for either of the following offenses:
(I)A felony conviction for child abuse or neglect, spousal abuse, crimes against a child, including child pornography, or for a crime involving violence, including rape, sexual assault, or homicide, but not including other physical assault and battery. For purposes of this subparagraph, a crime involving violence means a violent crime specified in clause (i) of subparagraph (A), or clause (ii) of this subparagraph.
(II)A felony conviction, within the last five years, for physical assault, battery, or a drug- or alcohol-related offense.
(III)This clause does not apply to licenses or approvals when a caregiver was granted an exemption to a criminal conviction described in clause (i) prior to the enactment of this clause.
(IV)This clause shall remain operative only to the extent that compliance with its provisions is required by federal law as a condition for receiving funding under Title IV-E of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.).
(iv)For the sole purpose of approving a home pursuant to subparagraph (B) of paragraph (4) of subdivision (c) of Section 16519.5 of the Welfare and Institutions Code, the department or other approving entity may grant an exemption for a relative or any other adult living in the home, who has been convicted of an offense described in this subparagraph if the applicant is seeking placement of a specific child or children with whom the applicant is related, the applicant or other adult living in the home is of present good character necessary to justify granting the exemption pursuant to the factors described in subparagraph (C), and the applicant or other adult living in the home does not have a felony conviction within the last five years for child abuse or neglect, spousal abuse, rape, sexual assault, homicide, or any other crime against a child, including child pornography. An exemption granted pursuant to this clause shall only be valid for purposes of the relatives child-specific resource family approval and shall not be transferrable to any other setting pursuant to subdivision (h).
(B)The department or other approving entity may grant an exemption from disqualification to a foster care provider, resource family applicant, tribally approved home applicant, or any individual subject to the background check requirements of this section pursuant to foster care provider applicant, resource family approval, tribally approved home, or respite care provider standards, 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 necessary to justify the granting of an exemption and the conviction is for one of the following offenses:
(i)(I)Any misdemeanor conviction within the last three years that is not otherwise prohibited by subparagraph (A).
(II)Notwithstanding subparagraph (A), a misdemeanor conviction for statutory rape, as defined in Section 261.5 of the Penal Code, a misdemeanor conviction for indecent exposure, as defined in Section 314 of the Penal Code, or a misdemeanor conviction for financial abuse against an elder, as defined in Section 368 of the Penal Code, shall be eligible for the consideration of an exemption as set forth in subparagraph (C).
(ii)Any felony conviction within the last five years that is not otherwise prohibited by subparagraph (A).
(C)When granting an exemption for a crime listed in subparagraph (B), the department or other approving entity shall consider all reasonably available information, including, but not limited to, the following:
(i)The nature of the crime or crimes.
(ii)The period of time since the crime was committed.
(iii)Any longstanding pattern of criminal conduct.
(iv)Circumstances surrounding the commission of the crime indicating the likelihood of future criminal activity.
(v)Activities since conviction, including employment, participation in therapy, education, or treatment.
(vi)Whether the person convicted has successfully completed probation or parole, obtained a certificate of rehabilitation, or been granted a pardon by the Governor.
(vii)Any character references or other evidence submitted by the applicant.
(viii)Whether the person convicted demonstrated honesty and truthfulness concerning the crime or crimes during the application and approval process.
(D)(i)The department or other approving entity shall grant an exemption from disqualification to a foster care provider applicant, resource family applicant, tribally approved home applicant, or any person subject to the background check requirements of this section pursuant to foster care provider applicant, resource family approval, tribally approved home, or respite care provider standards, who has been convicted of an offense not listed in subparagraph (A) or (B), if the individuals state and federal criminal history information received from the Department of Justice 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.
(ii) Notwithstanding the fact that an individual meets the criteria described in clause (i), the department or other approving entity, at its discretion, as necessary to protect the health and safety of a child, may evaluate a person described in clause (i), for purposes of making an exemption decision, pursuant to the criteria described in subparagraphs (B) and (C).
(E)Notwithstanding subparagraph (D), the department or other approving entity after reviewing the record shall grant an exemption from disqualification to a foster care provider applicant, resource family applicant, tribally approved home applicant, or any person subject to the background check requirements of this section pursuant to the foster care provider applicant, resource family approval, tribally approved home, or respite care provider standards, who has been convicted of an offense not listed in subparagraph (A) or (B), if the individual is a current or former foster youth and the crimes were committed before they reached 21 years of age. No additional evidentiary showing is required for individuals who meet the criteria of this paragraph. This paragraph applies to current and former foster youth who will be employed in a peer support capacity and does not apply to youth intended to be employed in a caregiving capacity.(F)(E)This paragraph does not apply to licenses or approvals for which a caregiver was granted an exemption for a criminal conviction prior to January 1, 2018.
(3)The department shall not prohibit a person from being employed or having contact with clients in a facility, certified family home, or resource family home on the basis of a denied criminal record exemption request or arrest information unless the department complies with the requirements of Section 1558 of this code or Section 16519.6 of the Welfare and Institutions Code, as applicable.
(4)(A)Notwithstanding subparagraph (D) of paragraph (2), the department or other approving entity after reviewing the record shall grant an exemption from disqualification to a foster family agency provider applicant, a short-term residential therapeutic program provider applicant, community treatment facility provider applicant, and a group home provider applicant to the background check requirements of this section, who has been convicted of an offense not listed in subparagraph (A) or (B), if the individual is a current or former foster youth and the crimes were committed before they reached 21 years of age. No additional evidentiary showing is required for individuals who meet the criteria of this paragraph. This paragraph applies to current and former foster youth who will be employed in a peer support capacity and does not apply to youth intended to be employed in a caregiving capacity. A youth who is employed in a caregiving capacity shall be subject to subparagraph (D) of paragraph (2).
(B)For purposes of this paragraph, the following terms have the following meanings:
(i)Current and former foster youth means a person whose dependency was established or continued by a court of competent jurisdiction, including a tribal court, on or after the youths 13th birthday.
(ii)Peer support capacity means working with foster youth to help them identify and express their needs, advocate for their rights, engage actively in their care plans for the purpose of developing life skills, building resilience, and fostering self-advocacy.
(h)(1)For purposes of compliance with this section, the department may permit an individual to transfer a current criminal record clearance, as defined in subdivision (a), from one facility to another, as long as the criminal record clearance has been processed through a state licensing district office, and is being transferred to another facility licensed by a state licensing district office. The request shall be submitted to the department on a form provided by the department or submitted via the departments secure online portal. Upon request of the licensee, who shall verify the individuals identity, the State Department of Social Services shall verify whether the individual has a clearance that can be transferred.
(2)The State Department of Social Services shall hold criminal record clearances in its active files for a minimum of three years after an employee is no longer employed at a licensed facility in order for the criminal record clearance to be transferred.
(3)A criminal record clearance or exemption processed by the department, a county office with clearance and exemption authority pursuant to Section 16519.5 of the Welfare and Institutions Code, or a county office with department-delegated licensing authority shall be accepted by the department or county upon notification of transfer.
(4)With respect to notifications issued by the Department of Justice pursuant to Section 11105.2 of the Penal Code and Section 1522.1 concerning an individual whose criminal record clearance was originally processed by the department, a county office with clearance and exemption authority pursuant to Section 16519.5 of the Welfare and Institutions Code, or a county office with department-delegated licensing authority, all of the following shall apply:
(A)The Department of Justice shall process a request from the department or a county to receive the notice only if all of the following conditions are met:
(i)The request shall be submitted to the Department of Justice by the agency to be substituted to receive the notification.
(ii) The request shall be for the same applicant type as the type for which the original clearance was obtained.
(iii)The request shall contain all prescribed data elements and format protocols pursuant to a written agreement between the department and the Department of Justice.
(B)(i)On or before January 7, 2005, the department shall notify the Department of Justice of all county offices that have department-delegated licensing authority.
(ii)The department shall notify the Department of Justice within 15 calendar days of the date on which a new county office receives department-delegated licensing authority or a countys delegated licensing authority is rescinded.
(C)The Department of Justice shall charge the department, a county office with department-delegated licensing authority, or a county child welfare agency with criminal record clearance and exemption authority, a fee for each time a request to substitute the recipient agency is received for purposes of this paragraph. This fee shall not exceed the cost of providing the service.
(i)The full criminal record obtained for purposes of this section may be used by the department or by a licensed adoption agency as a clearance required for adoption purposes.
(j)If a licensee or facility is required by law to deny employment or to terminate employment of any employee based on written notification from the department that the employee has a prior criminal conviction or is determined unsuitable for employment under Section 1558, the licensee or facility shall not incur civil liability or unemployment insurance liability as a result of that denial or termination.
(k)The State Department of Social Services may charge a fee for the costs of processing electronic fingerprint images and related information.
SEC. 2.Section 14045.12 of the Welfare and Institutions Code is amended to read:14045.12.For purposes of this article, the following definitions apply:(a)Certification means the activities related to the verification that an individual has met all of the requirements under this article and that the individual may provide peer support specialist services pursuant to this article.(b)Certified means all federal and state requirements have been satisfied by an individual who is seeking designation under this article, including completion of curriculum and training requirements, testing, and agreement to uphold and abide by the code of ethics.(c)Code of ethics means the standards to which a peer support specialist is required to adhere.(d)Core competencies means the foundational and essential knowledge, skills, and abilities required for peer specialists.(e)Cultural competence means a set of congruent behaviors, attitudes, and policies that come together in a system or agency that enables that system or agency to work effectively in cross-cultural situations. A culturally competent system of care acknowledges and incorporates, at all levels, the importance of language and culture, intersecting identities, assessment of cross-cultural relations, knowledge and acceptance of dynamics of cultural differences, expansion of cultural knowledge, and adaptation of services to meet culturally unique needs to provide services in a culturally competent manner.(f)Department means the State Department of Health Care Services.(g)Peer support specialist means an individual who is 18 years of age or older, who has self-identified as having lived experience with the process of recovery from mental illness, substance use disorder, or both, either as a consumer of these services or as the parent or family member of the consumer, and who has been granted certification under a county peer support specialist certification program. A current or former foster youth shall be eligible based on their experience of trauma and having lived experience in the process of recovery and system navigation.(h)Peer support specialist services means culturally competent services that promote engagement, socialization, recovery, self-sufficiency, self-advocacy, development of natural supports, and identification of strengths. Peer support specialist services include, but are not limited to, prevention services, support, coaching, facilitation, or education that is individualized and is conducted by a certified peer support specialist.(i)Recovery means a process of change through which an individual improves their health and wellness, lives a self-directed life, and strives to reach their full potential. This process of change recognizes cultural diversity and inclusion, and honors the different routes to resilience and recovery based on the individual and their cultural community.The Legislature recognizes the need to generate timely and accurate positive fingerprint identification of applicants as a condition of issuing licenses, permits, or certificates of approval for persons to operate or provide direct care services in a community care facility, foster family home, certified family home or resource family of a licensed foster family agency, or a tribally approved home. Therefore, the Legislature supports the use of the fingerprint live-scan technology, as identified in the long-range plan of the Department of Justice for fully automating the processing of fingerprints and other data by the year 1999, otherwise known as the California Crime Information Intelligence System (CAL-CII), to be used for applicant fingerprints. It is the intent of the Legislature in enacting this section to require the fingerprints of those individuals whose contact with community care clients may pose a risk to the clients health and safety. An individual shall be required to obtain either a criminal record clearance or a criminal record exemption from the State Department of Social Services before their initial presence in a community care facility or certified family home.
(a)(1)Before and, as applicable, subsequent to issuing a license or special permit to a person to operate or manage a community care facility, the State Department of Social Services shall secure from an appropriate law enforcement agency a criminal record to determine whether the applicant or any other person specified in subdivision (b) has been convicted of a crime other than an infraction or arrested for a crime specified in Section 290 of the Penal Code, or for violating Section 245, 273ab, or 273.5 of the Penal Code, subdivision (b) of Section 273a of the Penal Code, or, prior to January 1, 1994, paragraph (2) of Section 273a of the Penal Code, or for a crime for which the department is prohibited from granting a criminal record exemption pursuant to subdivision (g).
(2)The criminal history information shall include the full criminal record, if any, of those persons, and subsequent arrest information pursuant to Section 11105.2 of the Penal Code.
(3)The following shall apply to the criminal record information:
(A)If the State Department of Social Services finds that the applicant, or any other person specified in subdivision (b), has been convicted of a crime other than an infraction, the application shall be denied, unless the department grants an exemption pursuant to subdivision (g) of this section or Section 1522.7.
(B)If the State Department of Social Services finds that the applicant, or any other person specified in subdivision (b), is awaiting trial for a crime other than an infraction the State Department of Social Services may cease processing the criminal record information until the conclusion of the trial.
(C)If no criminal record information has been recorded, the Department of Justice shall provide the applicant and the State Department of Social Services with a statement of that fact.
(D)If the State Department of Social Services finds, after licensure, that the licensee, or any other person specified in paragraph (1) of subdivision (b), has been convicted of a crime other than an infraction, the license may be revoked, unless the department grants an exemption pursuant to subdivision (g).
(E)An applicant and any other person specified in subdivision (b) shall submit fingerprint images and related information to the Department of Justice for the purpose of searching the criminal records of the Federal Bureau of Investigation, in addition to the criminal records search required by this subdivision. If, after licensure, or the issuance of a certificate of approval of a certified family home by a foster family agency, the department determines that the licensee or any other person specified in subdivision (b) has a criminal record, the department may revoke the license, or require a foster family agency to revoke the certificate of approval, pursuant to Section 1550. The department may also suspend the license or require a foster family agency to suspend the certificate of approval pending an administrative hearing pursuant to Section 1550.5.
(F)The State Department of Social Services shall develop procedures to provide the individuals state and federal criminal history information with the written notification of the individuals exemption denial or revocation based on the criminal record. Receipt of the criminal history information shall be optional on the part of the individual, as set forth in the agencys procedures. The procedure shall protect the confidentiality and privacy of the individuals record, and the criminal history information shall not be made available to the employer.
(G)Notwithstanding any other law, the department may provide an individual with a copy of the individuals state or federal level criminal offender record information search response as provided to that department by the Department of Justice if the department has denied a criminal background clearance based on this information and the individual makes a written request to the department for a copy specifying an address to which it is to be sent. The state or federal level criminal offender record information search response shall not be modified or altered from its form or content as provided by the Department of Justice and shall be provided to the address specified by the individual in the individuals written request. The department shall retain a copy of the individuals written request and the response and date provided.
(b)(1)In addition to the applicant, this section is applicable to criminal record clearances and exemptions for the following persons:
(A)Adults responsible for administration or direct supervision of staff.
(B)Any adult, other than a client, residing in the facility, certified family home, resource family home, or tribally approved home.
(C)Any person who provides client assistance in dressing, grooming, bathing, or personal hygiene. Any nurse assistant or home health aide meeting the requirements of Section 1338.5 or 1736.6, respectively, who is not employed, retained, or contracted by the licensee, and who has been certified or recertified on or after July 1, 1998, shall be deemed to meet the criminal record clearance requirements of this section. A certified nurse assistant and certified home health aide who will be providing client assistance and who falls under this exemption shall provide one copy of their current certification, prior to providing care, to the community care facility. The facility shall maintain the copy of the certification on file as long as care is being provided by the certified nurse assistant or certified home health aide at the facility or in a certified family home or resource family home of a foster family agency. This paragraph does not restrict the right of the department to exclude a certified nurse assistant or certified home health aide from a licensed community care facility or certified family home or resource family home of a foster family agency pursuant to Section 1558.
(D)Any staff person, volunteer, or employee who has contact with the clients.
(E)Any adult who works in a community care facility that is eligible to accept placement of a dependent child.
(F)If the applicant is a firm, partnership, association, or corporation, the chief executive officer or other person serving in like capacity.
(G)Additional officers of the governing body of the applicant, or other persons with a financial interest in the applicant, as determined necessary by the department by regulation. The criteria used in the development of these regulations shall be based on the persons capability to exercise substantial influence over the operation of the facility.
(2)The following persons are exempt from the requirements applicable under paragraph (1):
(A)A medical professional, as defined in department regulations, who holds a valid license or certification from the persons governing California medical care regulatory entity and who is not employed, retained, or contracted by the licensee if all of the following apply:
(i)The criminal record of the person has been cleared as a condition of licensure or certification by the persons governing California medical care regulatory entity.
(ii)The person is providing time-limited specialized clinical care or services.
(iii)The person is providing care or services within the persons scope of practice.
(iv)The person is not a community care facility licensee or an employee of the facility.
(B)A third-party repair person or similar retained contractor if all of the following apply:
(i)The person is hired for a defined, time-limited job.
(ii)The person is not left alone with clients.
(iii)When clients are present in the room in which the repair person or contractor is working, a staff person who has a criminal record clearance or exemption is also present.
(C)Employees of a licensed home health agency and other members of licensed hospice interdisciplinary teams who have a contract with a client or resident of the facility, certified family home, or resource family home and are in the facility, certified family home, or resource family home at the request of that client or residents legal decisionmaker. The exemption does not apply to a person who is a community care facility licensee or an employee of the facility.
(D)Clergy and other spiritual caregivers who are performing services in common areas of the community care facility, certified family home, resource family home, or tribally approved home or who are advising an individual client at the request of, or with the permission of, the client or legal decisionmaker, are exempt from fingerprint and criminal background check requirements imposed by community care licensing. This exemption does not apply to a person who is a community care licensee or employee of the facility.
(E)Members of fraternal, service, or similar organizations who conduct group activities for clients if all of the following apply:
(i)Members are not left alone with clients.
(ii)Members do not transport clients off the facility, certified family home, or resource family home premises.
(iii)The same organization does not conduct group activities for clients more often than defined by the departments regulations.
(3)In addition to the exemptions in paragraph (2), the following persons in foster family homes, resource family homes, certified family homes, tribally approved homes, and small family homes are exempt from the requirements applicable under paragraph (1):
(A)Adult friends and family of the foster parent, who come into the home to visit for a length of time no longer than defined by the department in regulations, provided that the adult friends and family of the foster parent are not left alone with the foster children. However, the foster parent, acting as a reasonable and prudent parent, as defined in paragraph (2) of subdivision (a) of Section 362.04 of the Welfare and Institutions Code, may allow their adult friends and family to provide short-term care to the foster child and act as an appropriate occasional short-term babysitter for the child.
(B)Parents of a foster childs friend when the foster child is visiting the friends home and the friend, foster parent, or both are also present. However, the foster parent, acting as a reasonable and prudent parent, may allow the parent of the foster childs friend to act as an appropriate, occasional short-term babysitter for the child without the friend being present.
(C)Individuals who are engaged by a foster parent to provide short-term care to the child for periods not to exceed 24 hours. Caregivers shall use a reasonable and prudent parent standard in selecting appropriate individuals to act as appropriate occasional short-term babysitters.
(4)In addition to the exemptions specified in paragraph (2), the following persons in adult day care and adult day support centers are exempt from the requirements applicable under paragraph (1):
(A)Unless contraindicated by the clients individualized program plan (IPP) or needs and service plan, a spouse, significant other, relative, or close friend of a client, or an attendant or a facilitator for a client with a developmental disability if the attendant or facilitator is not employed, retained, or contracted by the licensee. This exemption applies only if the person is visiting the client or providing direct care and supervision to the client.
(B)A volunteer if all of the following apply:
(i)The volunteer is supervised by the licensee or a facility employee with a criminal record clearance or exemption.
(ii)The volunteer is never left alone with clients.
(iii)The volunteer does not provide client assistance with dressing, grooming, bathing, or personal hygiene other than washing of hands.
(5)(A)In addition to the exemptions specified in paragraph (2), the following persons in adult residential and social rehabilitation facilities, unless contraindicated by the clients individualized program plan (IPP) or needs and services plan, are exempt from the requirements applicable under paragraph (1): a spouse, significant other, relative, or close friend of a client, or an attendant or a facilitator for a client with a developmental disability if the attendant or facilitator is not employed, retained, or contracted by the licensee. This exemption applies only if the person is visiting the client or providing direct care and supervision to that client.
(B)This subdivision does not prevent a licensee from requiring a criminal record clearance of any individual exempt from the requirements of this section, provided that the individual has client contact.
(6)Any person similar to those described in this subdivision, as defined by the department in regulations.
(c)(1)Subsequent to initial licensure, a person specified in subdivision (b) who is not exempted from fingerprinting shall obtain either a criminal record clearance or an exemption from disqualification pursuant to subdivision (g) of this section or Section 1522.7 from the State Department of Social Services prior to employment, residence, or initial presence in the facility. A person specified in subdivision (b) who is not exempt from fingerprinting shall be fingerprinted. The licensee shall submit fingerprint images and related information to the Department of Justice and the Federal Bureau of Investigation, through the Department of Justice, for a state and federal level criminal offender record information search, or comply with paragraph (1) of subdivision (h). These fingerprint images and related information shall be sent by electronic transmission in a manner approved by the State Department of Social Services and the Department of Justice for the purpose of obtaining a permanent set of fingerprints, and shall be submitted to the Department of Justice by the licensee. A licensees failure to prohibit the employment, residence, or initial presence of a person specified in subdivision (b) who is not exempt from fingerprinting and who has not received either a criminal record clearance or an exemption from disqualification pursuant to subdivision (g) or to comply with paragraph (1) of subdivision (h), as required in this section, shall result in the citation of a deficiency and the immediate assessment of civil penalties in the amount of one hundred dollars ($100) per violation per day for a maximum of five days, unless the violation is a second or subsequent violation within a 12-month period in which case the civil penalties shall be in the amount of one hundred dollars ($100) per violation for a maximum of 30 days, and shall be grounds for disciplining the licensee pursuant to Section 1550. The department may assess civil penalties for continued violations as permitted by Section 1548. The fingerprint images and related information shall then be submitted to the Department of Justice for processing. Upon request of the licensee, who shall enclose a self-addressed stamped postcard for this purpose, the Department of Justice shall verify receipt of the fingerprints. The department shall not require the person to disclose their criminal history information prior to receipt of the live scan results.
(2)Within 14 calendar days of the receipt of the fingerprint images, the Department of Justice shall notify the State Department of Social Services of the criminal record information, as provided in subdivision (a). If no criminal record information has been recorded, the Department of Justice shall provide the licensee and the State Department of Social Services with a statement of that fact within 14 calendar days of receipt of the fingerprint images. Documentation of the individuals clearance or exemption from disqualification shall be maintained by the licensee and be available for inspection. If new fingerprint images are required for processing, the Department of Justice shall, within 14 calendar days from the date of receipt of the fingerprints, notify the licensee that the fingerprints were illegible, the Department of Justice shall notify the State Department of Social Services, as required by Section 1522.04, and shall also notify the licensee by mail, within 14 days of electronic transmission of the fingerprints to the Department of Justice, if the person has no criminal history recorded. A violation of the regulations adopted pursuant to Section 1522.04 shall result in the citation of a deficiency and an immediate assessment of civil penalties in the amount of one hundred dollars ($100) per violation per day for a maximum of five days, unless the violation is a second or subsequent violation within a 12-month period in which case the civil penalties shall be in the amount of one hundred dollars ($100) per violation for a maximum of 30 days, and shall be grounds for disciplining the licensee pursuant to Section 1550. The department may assess civil penalties for continued violations as permitted by Section 1548.
(3)Except for persons specified in subdivision (b) who are exempt from fingerprinting, the licensee shall endeavor to ascertain the previous employment history of persons required to be fingerprinted. If it is determined by the State Department of Social Services, on the basis of the fingerprint images and related information submitted to the Department of Justice, that subsequent to obtaining a criminal record clearance or exemption from disqualification pursuant to subdivision (g), the person has been convicted of, or is awaiting trial for, a sex offense against a minor, or has been convicted for an offense specified in Section 243.4, 273a, 273ab, 273d, 273g, or 368 of the Penal Code, or a felony, the State Department of Social Services shall notify the licensee to act immediately to terminate the persons employment, remove the person from the community care facility, or bar the person from entering the community care facility. The State Department of Social Services may subsequently grant an exemption from disqualification pursuant to subdivision (g). If the conviction or arrest was for another crime, except an infraction, the licensee shall, upon notification by the State Department of Social Services, act immediately to either (A) terminate the persons employment, remove the person from the community care facility, or bar the person from entering the community care facility; or (B) seek an exemption from disqualification pursuant to subdivision (g). The State Department of Social Services shall determine if the person shall be allowed to remain in the facility until a decision on the exemption from disqualification is rendered. A licensees failure to comply with the departments prohibition of employment, contact with clients, or presence in the facility as required by this paragraph shall result in a citation of deficiency and an immediate assessment of civil penalties in the amount of one hundred dollars ($100) per violation per day and shall be grounds for disciplining the licensee pursuant to Section 1550.
(4)The department may issue an exemption from disqualification on its own motion pursuant to subdivision (g) if the persons criminal history indicates that the person is of good character based on the age, seriousness, and frequency of the conviction or convictions. The department, in consultation with interested parties, shall develop regulations to establish the criteria to grant an exemption from disqualification pursuant to this paragraph.
(5)Concurrently with notifying the licensee pursuant to paragraph (3), the department shall notify the affected individual of their right to seek an exemption from disqualification pursuant to subdivision (g). The individual may seek an exemption from disqualification only if the licensee terminates the persons employment or removes the person from the facility after receiving notice from the department pursuant to paragraph (3).
(d)(1)Before and, as applicable, subsequent to issuing a license or certificate of approval to a person or persons to operate a foster family home, certified family home as described in Section 1506, or resource family pursuant to Section 1517 of this code or Section 16519.5 of the Welfare and Institutions Code, the State Department of Social Services or other approving authority shall secure California and Federal Bureau of Investigation criminal history information to determine whether the applicant or any person specified in subdivision (b) who is not exempt from fingerprinting has ever been convicted of a crime other than an infraction or arrested for a crime specified in subdivision (c) of Section 290 of the Penal Code, for violating Section 245, 273ab, or 273.5, subdivision (b) of Section 273a, or, prior to January 1, 1994, paragraph (2) of Section 273a, of the Penal Code, or for a crime for which the department is prohibited from granting a criminal record exemption pursuant to subdivision (g). The State Department of Social Services or other approving authority shall not issue a license or certificate of approval to a foster family home, certified family home, or resource family applicant who has not obtained both a California and Federal Bureau of Investigation criminal record clearance or exemption from disqualification pursuant to subdivision (g).
(2)The criminal history information shall include the full criminal record, if any, of those persons.
(3)Neither the Department of Justice nor the State Department of Social Services may charge a fee for the fingerprinting of an applicant for a license, special permit, or certificate of approval described in this subdivision. The record, if any, shall be taken into consideration when evaluating a prospective applicant.
(4)The following shall apply to the criminal record information:
(A)If the applicant or other persons specified in subdivision (b) who are not exempt from fingerprinting have convictions that would make the applicants home unfit as a foster family home, a certified family home, or resource family, the license, special permit, certificate of approval, or presence shall be denied.
(B)If the State Department of Social Services finds that the applicant, or any person specified in subdivision (b) who is not exempt from fingerprinting, is awaiting trial for a crime other than an infraction, the State Department of Social Services or other approving authority may cease processing the criminal record information until the conclusion of the trial.
(C)For purposes of this subdivision, a criminal record clearance provided under Section 8712 of the Family Code may be used by the department or other approving authority.
(D)To the same extent required for federal funding, a person specified in subdivision (b) who is not exempt from fingerprinting shall submit a set of fingerprint images and related information to the Department of Justice and the Federal Bureau of Investigation, through the Department of Justice, for a state and federal level criminal offender record information search, in addition to the criminal records search required by subdivision (a).
(5)Any person specified in this subdivision shall, as a part of the application, be fingerprinted and sign a declaration under penalty of perjury regarding any prior criminal convictions or arrests for any crime against a child, spousal or cohabitant abuse, or a crime for which the department cannot grant an exemption if the person was convicted and shall submit these fingerprints to the licensing agency or other approving authority.
(6)(A)Subsequent to initial licensure, certification, or approval, a person specified in subdivision (b) who is not exempt from fingerprinting shall obtain both a California and Federal Bureau of Investigation criminal record clearance, or an exemption from disqualification pursuant to subdivision (g), prior to employment, residence, or initial presence in the foster family home, certified family home, or resource family home. A foster family home licensee or foster family agency shall submit fingerprint images and related information of persons specified in subdivision (b) who are not exempt from fingerprinting to the Department of Justice and the Federal Bureau of Investigation, through the Department of Justice, for a state and federal level criminal offender record information search, or to comply with paragraph (1) of subdivision (h). A foster family home licensees or a foster family agencys failure to either prohibit the employment, residence, or initial presence of a person specified in subdivision (b) who is not exempt from fingerprinting and who has not received either a criminal record clearance or an exemption from disqualification pursuant to subdivision (g), or comply with paragraph (1) of subdivision (h), as required in this section, shall result in a citation of a deficiency, and the immediate civil penalties of one hundred dollars ($100) per violation per day for a maximum of five days, unless the violation is a second or subsequent violation within a 12-month period in which case the civil penalties shall be in the amount of one hundred dollars ($100) per violation for a maximum of 30 days, and shall be grounds for disciplining the licensee pursuant to Section 1550. A violation of the regulation adopted pursuant to Section 1522.04 shall result in the citation of a deficiency and an immediate assessment of civil penalties in the amount of one hundred dollars ($100) per violation per day for a maximum of five days, unless the violation is a second or subsequent violation within a 12-month period in which case the civil penalties shall be in the amount of one hundred dollars ($100) per violation for a maximum of 30 days, and shall be grounds for disciplining the foster family home licensee or the foster family agency pursuant to Section 1550. The State Department of Social Services may assess penalties for continued violations, as permitted by Section 1548. The fingerprint images shall then be submitted to the Department of Justice for processing.
(B)Upon request of the licensee, who shall enclose a self-addressed envelope for this purpose, the Department of Justice shall verify receipt of the fingerprints. Within five working days of the receipt of the criminal record or information regarding criminal convictions from the Department of Justice, the department shall notify the applicant of any criminal arrests or convictions. If no arrests or convictions are recorded, the Department of Justice shall provide the foster family home licensee or the foster family agency with a statement of that fact concurrent with providing the information to the State Department of Social Services.
(7)If the State Department of Social Services or other approving authority finds that the applicant, or any other person specified in subdivision (b) who is not exempt from fingerprinting, has been convicted of a crime other than an infraction, the application or presence shall be denied, unless the department grants an exemption from disqualification pursuant to subdivision (g).
(8)If the State Department of Social Services or other approving authority finds, after licensure or the granting of the certificate of approval, that the licensee, certified foster parent, resource family, or any other person specified in subdivision (b) who is not exempt from fingerprinting, has been convicted of a crime other than an infraction, the license or certificate of approval may be revoked or rescinded by the department or the foster family agency, whichever is applicable, unless the department grants an exemption from disqualification pursuant to subdivision (g). A licensees failure to comply with the departments prohibition of employment, contact with clients, or presence in the facility as required by paragraph (3) of subdivision (c) shall be grounds for disciplining the licensee pursuant to Section 1550.
(e)(1)The State Department of Social Services shall not use a record of arrest to deny, revoke, rescind, or terminate an application, license, certificate of approval, employment, or residence unless the department investigates the incident and secures evidence, whether or not related to the incident of arrest, that is admissible in an administrative hearing to establish conduct by the person that may pose a risk to the health and safety of a person who is or may become a client.
(2)The department shall not issue a criminal record clearance to a person who has been arrested for a crime specified in Section 290 of the Penal Code, or for violating Section 245, 273ab, or 273.5, or subdivision (b) of Section 273a, of the Penal Code, or, prior to January 1, 1994, paragraph (2) of Section 273a of the Penal Code, or for a crime for which the department is prohibited from granting a criminal record exemption pursuant to subdivision (g), prior to the completion of an investigation pursuant to paragraph (1).
(3)The State Department of Social Services is authorized to obtain arrest or conviction records or reports from any law enforcement agency as necessary to the performance of its duties to inspect, license, and investigate community care facilities and individuals associated with a community care facility.
(f)(1)For purposes of this chapter, a conviction means a plea or verdict of guilty or a conviction following a plea of nolo contendere. Any action that the State Department of Social Services is permitted to take following the establishment of a conviction may be taken when the time for appeal has elapsed, when the judgment of conviction has been affirmed on appeal, or when an order granting probation is made suspending the imposition of sentence, notwithstanding a subsequent order pursuant to Sections 1203.4 and 1203.4a of the Penal Code permitting the person to withdraw a plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment. For purposes of this chapter, the record of a conviction, or a copy thereof certified by the clerk of the court or by a judge of the court in which the conviction occurred, shall be conclusive evidence of the conviction. For purposes of this chapter, the arrest disposition report certified by the Department of Justice, or documents admissible in a criminal action pursuant to Section 969b of the Penal Code, shall be prima facie evidence of the conviction, notwithstanding any other law prohibiting the admission of these documents in a civil or administrative action.
(2)For purposes of this chapter, the department shall consider criminal convictions from another state or federal court as if the criminal offense was committed in this state.
(g)(1)Except as otherwise provided in this subdivision with respect to a foster care provider applicant, including a relative caregiver, nonrelative extended family member, or resource family, after review of the record, the department may grant an exemption from disqualification for a license or special permit as specified in paragraph (4) of subdivision (a), or for a license, special permit, or certificate of approval as specified in paragraphs (4), (7), and (8) of subdivision (d), or for employment, residence, or presence in a community care facility as specified in paragraphs (3), (4), and (5) of subdivision (c), if the department 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 rehabilitated and is presently of such good character as to justify issuance of the license or special permit or granting an exemption for purposes of subdivision (c). Except as otherwise provided in this subdivision, an exemption shall not be granted pursuant to this subdivision if the conviction was for any of the following offenses:
(A)(i)An offense specified in Section 220, 243.4, or 264.1, subdivision (a) of Section 273a, or, prior to January 1, 1994, paragraph (1) of Section 273a, Section 273ab, 273d, 288, or 289, subdivision (c) of Section 290, or Section 368, of the Penal Code, or was a conviction of another crime against an individual specified in subdivision (c) of Section 667.5 of the Penal Code.
(ii)Notwithstanding clause (i), the department may grant an exemption regarding the conviction for an offense described in paragraph (1), (2), (7), or (8) of subdivision (c) of Section 667.5 of the Penal Code, if the employee or prospective employee has been rehabilitated as provided in Section 4852.03 of the Penal Code, has maintained the conduct required in Section 4852.05 of the Penal Code for at least 10 years, and has the recommendation of the district attorney representing the employees county of residence, or if the employee or prospective employee has received a certificate of rehabilitation pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code.
(B)A felony offense specified in Section 729 of the Business and Professions Code or Section 206 or 215, subdivision (a) of Section 347, subdivision (b) of Section 417, or subdivision (a) of Section 451 of the Penal Code.
(C)(i)Notwithstanding clause (ii) of subparagraph (A), an exemption shall not be granted pursuant to this subdivision to any applicant for licensure of a community care facility eligible to accept placement of a dependent child if either that applicant or any other person specified in subdivision (b) who is associated with the facility has a felony conviction for either of the following offenses:
(I)A felony conviction for child abuse or neglect, spousal abuse, crimes against a child, including child pornography, or for a crime involving violence, including rape, sexual assault, or homicide, but not including other physical assault and battery. For purposes of this subclause, a crime involving violence means a violent crime specified in clause (i) of subparagraph (A) or subparagraph (B).
(II)A felony conviction for physical assault, battery, or a drug- or alcohol-related offense that occurred within the last five years.
(ii)This subparagraph shall be operative to the extent that compliance with these provisions is required by federal law as a condition for receiving funding under Title IV-E of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.).
(2)(A)For a foster care provider applicant, a resource family applicant, a tribally approved home applicant, or a prospective respite care provider, as described in Section 16501.01 of the Welfare and Institutions Code, except as specified in clause (iv), an exemption shall not be granted if that applicant, or any individual subject to the background check requirements of this section pursuant to foster care provider applicant, resource family approval, tribally approved home, or respite care provider standards, has a conviction within the past 10 years for any of the following offenses:
(i)An offense specified in Section 220, 243.4, or 264.1, subdivision (a) of Section 273a, or, prior to January 1, 1994, paragraph (1) of Section 273a, Section 273ab, 273d, 288, or 289, subdivision (c) of Section 290, or Section 368, of the Penal Code, or was a conviction of another crime against an individual specified in subdivision (c) of Section 667.5 of the Penal Code.
(ii)A felony offense specified in Section 729 of the Business and Professions Code or Section 206 or 215, subdivision (a) of Section 347, subdivision (b) of Section 417, or subdivision (a) of Section 451 of the Penal Code.
(iii)Except as specified in clause (iv), an exemption shall not be granted pursuant to this subdivision to any foster care provider applicant, including a tribally approved home applicant, if that applicant, or any other person specified in subdivision (b) in those homes, has a felony conviction for either of the following offenses:
(I)A felony conviction for child abuse or neglect, spousal abuse, crimes against a child, including child pornography, or for a crime involving violence, including rape, sexual assault, or homicide, but not including other physical assault and battery. For purposes of this subparagraph, a crime involving violence means a violent crime specified in clause (i) of subparagraph (A), or clause (ii) of this subparagraph.
(II)A felony conviction, within the last five years, for physical assault, battery, or a drug- or alcohol-related offense.
(III)This clause does not apply to licenses or approvals when a caregiver was granted an exemption to a criminal conviction described in clause (i) prior to the enactment of this clause.
(IV)This clause shall remain operative only to the extent that compliance with its provisions is required by federal law as a condition for receiving funding under Title IV-E of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.).
(iv)For the sole purpose of approving a home pursuant to subparagraph (B) of paragraph (4) of subdivision (c) of Section 16519.5 of the Welfare and Institutions Code, the department or other approving entity may grant an exemption for a relative or any other adult living in the home, who has been convicted of an offense described in this subparagraph if the applicant is seeking placement of a specific child or children with whom the applicant is related, the applicant or other adult living in the home is of present good character necessary to justify granting the exemption pursuant to the factors described in subparagraph (C), and the applicant or other adult living in the home does not have a felony conviction within the last five years for child abuse or neglect, spousal abuse, rape, sexual assault, homicide, or any other crime against a child, including child pornography. An exemption granted pursuant to this clause shall only be valid for purposes of the relatives child-specific resource family approval and shall not be transferrable to any other setting pursuant to subdivision (h).
(B)The department or other approving entity may grant an exemption from disqualification to a foster care provider, resource family applicant, tribally approved home applicant, or any individual subject to the background check requirements of this section pursuant to foster care provider applicant, resource family approval, tribally approved home, or respite care provider standards, 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 necessary to justify the granting of an exemption and the conviction is for one of the following offenses:
(i)(I)Any misdemeanor conviction within the last three years that is not otherwise prohibited by subparagraph (A).
(II)Notwithstanding subparagraph (A), a misdemeanor conviction for statutory rape, as defined in Section 261.5 of the Penal Code, a misdemeanor conviction for indecent exposure, as defined in Section 314 of the Penal Code, or a misdemeanor conviction for financial abuse against an elder, as defined in Section 368 of the Penal Code, shall be eligible for the consideration of an exemption as set forth in subparagraph (C).
(ii)Any felony conviction within the last five years that is not otherwise prohibited by subparagraph (A).
(C)When granting an exemption for a crime listed in subparagraph (B), the department or other approving entity shall consider all reasonably available information, including, but not limited to, the following:
(i)The nature of the crime or crimes.
(ii)The period of time since the crime was committed.
(iii)Any longstanding pattern of criminal conduct.
(iv)Circumstances surrounding the commission of the crime indicating the likelihood of future criminal activity.
(v)Activities since conviction, including employment, participation in therapy, education, or treatment.
(vi)Whether the person convicted has successfully completed probation or parole, obtained a certificate of rehabilitation, or been granted a pardon by the Governor.
(vii)Any character references or other evidence submitted by the applicant.
(viii)Whether the person convicted demonstrated honesty and truthfulness concerning the crime or crimes during the application and approval process.
(D)(i)The department or other approving entity shall grant an exemption from disqualification to a foster care provider applicant, resource family applicant, tribally approved home applicant, or any person subject to the background check requirements of this section pursuant to foster care provider applicant, resource family approval, tribally approved home, or respite care provider standards, who has been convicted of an offense not listed in subparagraph (A) or (B), if the individuals state and federal criminal history information received from the Department of Justice 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.
(ii) Notwithstanding the fact that an individual meets the criteria described in clause (i), the department or other approving entity, at its discretion, as necessary to protect the health and safety of a child, may evaluate a person described in clause (i), for purposes of making an exemption decision, pursuant to the criteria described in subparagraphs (B) and (C).
(E)Notwithstanding subparagraph (D), the department or other approving entity after reviewing the record shall grant an exemption from disqualification to a foster care provider applicant, resource family applicant, tribally approved home applicant, or any person subject to the background check requirements of this section pursuant to the foster care provider applicant, resource family approval, tribally approved home, or respite care provider standards, who has been convicted of an offense not listed in subparagraph (A) or (B), if the individual is a current or former foster youth and the crimes were committed before they reached 21 years of age. No additional evidentiary showing is required for individuals who meet the criteria of this paragraph. This paragraph applies to current and former foster youth who will be employed in a peer support capacity and does not apply to youth intended to be employed in a caregiving capacity.
(E)(F)This paragraph does not apply to licenses or approvals for which a caregiver was granted an exemption for a criminal conviction prior to January 1, 2018.
(3)The department shall not prohibit a person from being employed or having contact with clients in a facility, certified family home, or resource family home on the basis of a denied criminal record exemption request or arrest information unless the department complies with the requirements of Section 1558 of this code or Section 16519.6 of the Welfare and Institutions Code, as applicable.
(4)Notwithstanding subparagraph (D) of paragraph (2), the department or other approving entity after reviewing the record shall grant an exemption from disqualification to a short-term residential therapeutic program provider applicant, community treatment facility provider applicant, and a group home provider applicant to the background check requirements of this section, who has been convicted of an offense not listed in subparagraph (A) or (B), if the individual is a current or former foster youth and the crimes were committed before they reached 21 years of age. No additional evidentiary showing is required for individuals who meet the criteria of this paragraph. This paragraph applies to current and former foster youth who will be employed in a peer support capacity and does not apply to youth intended to be employed in a caregiving capacity.
(h)(1)For purposes of compliance with this section, the department may permit an individual to transfer a current criminal record clearance, as defined in subdivision (a), from one facility to another, as long as the criminal record clearance has been processed through a state licensing district office, and is being transferred to another facility licensed by a state licensing district office. The request shall be submitted to the department on a form provided by the department or submitted via the departments secure online portal. Upon request of the licensee, who shall verify the individuals identity, the State Department of Social Services shall verify whether the individual has a clearance that can be transferred.
(2)The State Department of Social Services shall hold criminal record clearances in its active files for a minimum of three years after an employee is no longer employed at a licensed facility in order for the criminal record clearance to be transferred.
(3)A criminal record clearance or exemption processed by the department, a county office with clearance and exemption authority pursuant to Section 16519.5 of the Welfare and Institutions Code, or a county office with department-delegated licensing authority shall be accepted by the department or county upon notification of transfer.
(4)With respect to notifications issued by the Department of Justice pursuant to Section 11105.2 of the Penal Code and Section 1522.1 concerning an individual whose criminal record clearance was originally processed by the department, a county office with clearance and exemption authority pursuant to Section 16519.5 of the Welfare and Institutions Code, or a county office with department-delegated licensing authority, all of the following shall apply:
(A)The Department of Justice shall process a request from the department or a county to receive the notice only if all of the following conditions are met:
(i)The request shall be submitted to the Department of Justice by the agency to be substituted to receive the notification.
(ii) The request shall be for the same applicant type as the type for which the original clearance was obtained.
(iii)The request shall contain all prescribed data elements and format protocols pursuant to a written agreement between the department and the Department of Justice.
(B)(i)On or before January 7, 2005, the department shall notify the Department of Justice of all county offices that have department-delegated licensing authority.
(ii)The department shall notify the Department of Justice within 15 calendar days of the date on which a new county office receives department-delegated licensing authority or a countys delegated licensing authority is rescinded.
(C)The Department of Justice shall charge the department, a county office with department-delegated licensing authority, or a county child welfare agency with criminal record clearance and exemption authority, a fee for each time a request to substitute the recipient agency is received for purposes of this paragraph. This fee shall not exceed the cost of providing the service.
(i)The full criminal record obtained for purposes of this section may be used by the department or by a licensed adoption agency as a clearance required for adoption purposes.
(j)If a licensee or facility is required by law to deny employment or to terminate employment of any employee based on written notification from the department that the employee has a prior criminal conviction or is determined unsuitable for employment under Section 1558, the licensee or facility shall not incur civil liability or unemployment insurance liability as a result of that denial or termination.
(k)The State Department of Social Services may charge a fee for the costs of processing electronic fingerprint images and related information.
SEC. 2.Section 14045.12 of the Welfare and Institutions Code is amended to read:14045.12.For purposes of this article, the following definitions apply:
(a)Certification means the activities related to the verification that an individual has met all of the requirements under this article and that the individual may provide peer support specialist services pursuant to this article.
(b)Certified means all federal and state requirements have been satisfied by an individual who is seeking designation under this article, including completion of curriculum and training requirements, testing, and agreement to uphold and abide by the code of ethics.
(c)Code of ethics means the standards to which a peer support specialist is required to adhere.
(d)Core competencies means the foundational and essential knowledge, skills, and abilities required for peer specialists.
(e)Cultural competence means a set of congruent behaviors, attitudes, and policies that come together in a system or agency that enables that system or agency to work effectively in cross-cultural situations. A culturally competent system of care acknowledges and incorporates, at all levels, the importance of language and culture, intersecting identities, assessment of cross-cultural relations, knowledge and acceptance of dynamics of cultural differences, expansion of cultural knowledge, and adaptation of services to meet culturally unique needs to provide services in a culturally competent manner.
(f)Department means the State Department of Health Care Services.
(g)Peer support specialist means an individual who is 18 years of age or older, who has self-identified as having lived experience with the process of recovery from mental illness, substance use disorder, or both, either as a consumer of these services or as the parent or family member of the consumer, and who has been granted certification under a county peer support specialist certification program. A current or former foster youth shall be eligible based on their experience of trauma and having lived experience in the process of recovery and system navigation.
(h)Peer support specialist services means culturally competent services that promote engagement, socialization, recovery, self-sufficiency, self-advocacy, development of natural supports, and identification of strengths. Peer support specialist services include, but are not limited to, prevention services, support, coaching, facilitation, or education that is individualized and is conducted by a certified peer support specialist.
(i)Recovery means a process of change through which an individual improves their health and wellness, lives a self-directed life, and strives to reach their full potential. This process of change recognizes cultural diversity and inclusion, and honors the different routes to resilience and recovery based on the individual and their cultural community.
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Date
|
Status
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|---|---|
| May 14, 2026 | In committee: Held under submission. |
| May 6, 2026 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 22, 2026 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 1.) (April 21). Re-referred to Com. on APPR. |
| Apr 20, 2026 | Re-referred to Com. on PUB. S. |
| Apr 16, 2026 | Read second time and amended. |
| Apr 15, 2026 | From committee: Amend, and do pass as amended and re-refer to Com. on PUB. S. (Ayes 7. Noes 0.) (April 14). |
| Mar 16, 2026 | Referred to Coms. on HUM. S. and PUB. S. |
| Feb 19, 2026 | From printer. May be heard in committee March 21. |
| Feb 18, 2026 | Read first time. To print. |
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Date
|
Description
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Location
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Votes
|
|
|---|---|---|---|---|
| Apr 21, 2026 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Public Safety |
Passed |
|
| Apr 14, 2026 | Do pass as amended and be re-referred to the Committee on [Public Safety] | Assembly Standing Committee on Human Services |
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.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Alliance for Boys and Men of Color | ** Support | |
| Alliance for Children's Rights | ** Support | |
| ASPIRANET | ** Support | |
| Association Of Community Human Service Agencies | ** Support | |
| Aviva Family & Children’s Services | ** Support | |
| Cal Voices | ** Support | |
| California Alliance of Caregivers | ** Support | |
| California Alliance Of Child And Family Services | ** Support | |
| California Association Of Alcohol And Drug Program Executives, Inc. | ** Support | |
| California Youth Empowerment Network | ** Support | |
| Casa Pacifica Centers for Children and Families | ** Support | |
| Children Now | ** Support | |
| CHILDREN'S INSTITUTE | ** Support | |
| County Welfare Directors Association of California | ** Support | |
| Hamburger Home Dba Aviva Family and Children's Services | ** Support | |
| Helpline Youth Counseling, INC. | ** Support | |
| Lincoln Families | ** Support | |
| Mental Health America of California | ** Support | |
| Pacific Clinics | ** Support | |
| Rancho San Antonio Boys Home INC. | ** Support | |
| Redwood Community Services | ** Support | |
| Seneca Family of Agencies | ** Support | |
| SPIRITT Family Services | ** Support | |
| The Children's Partnership | ** Support | |
| Vista Del Mar Child and Family Services | ** Support | |
| Wolf Strategies | ** Support |
Date of Hearing: May 6, 2026
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Buffy Wicks, Chair
ABPCA Bill Id:AB 2126
Author:(Elhawary) – As Amended Ver:April 16, 2026
Policy Committee: | Human Services | Vote: | 7 - 0 |
Public Safety | 7 - 1 | ||
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill requires the California Department of Social Services (CDSS) to provide an exemption from disqualification for former or current foster youth who have been convicted of certain non-excluded offenses that occurred before the youth reached 21 years of age and who will be employed in a peer support capacity in facilities governed by the Community Care Facilities Act.
Specifically, this bill:
- Requires CDSS or other approving entity, after reviewing the criminal record, to grant a background check exemption to a current or former foster youth seeking employment with a foster family agency provider, a short-term residential therapeutic program (STRTP) provider, a community treatment facility provider, or a group home, if all the following apply:
- The applicant will be employed in a peer support capacity.
- The applicant was convicted of an offense that is not one of listed offenses.
- The crimes were committed before the applicant reached 21 years of age.
- Specifies the above provisions do not apply to youth employed in a caregiving capacity and requires a youth who is employed in a caregiving capacity to go through a background check process.
- Prohibits additional requirements for an evidentiary showing for individuals who meet the criteria.
- Defines “peer support capacity” for these purposes as working with foster youth to help them identify and express their needs, advocate for their rights, engage actively in their care plans for the purpose of developing life skills, building resilience and fostering self-advocacy.
FISCAL EFFECT:
CDSS estimates ongoing General Fund costs of an unknown amount, but likely in the low millions of dollars annually for additional staff positions to respond to an increased number of exemption requests. Costs will vary depending on the number of exemptions requested.
CDSS identified 979 facilities statewide where certain former foster youth may apply to serve in peer support roles, as specified in the bill. The projected workload ranges from 979 (one per support application per facility) to 2,937 additional exemption requests (three per facility).
The Legislative Analyst’s Office recently warned of General Fund structural deficits of around $35 billion per year in the 2027-28 fiscal year and ongoing.
COMMENTS:
- Purpose. According to the author:
Support from those with lived experiences in foster care can often improve outcomes as families navigate complex systems. However, hiring barriers and administrative burdens consistently lead to the loss of these qualified peer workers. [This bill], through its background check exemption for current or former foster youth whose offenses occurred before the age of 21, allows agencies to hire peer partners more quickly and enables individuals with lived experience to contribute to community care facilities.
- Background. To be a resource family or be employed in a licensed facility, an individual must complete a background check to determine their suitability. As part of the background check process, CDSS is responsible for obtaining state and federal criminal history information on any individual applying for a license, certification, registration, or approval.
During the background check process if the person has a criminal history, CDSS examines the criminal history. If the person was convicted of a non-exemptible crime within the past 10 years, the application is denied. The list of non-exemptible offenses includes violent felonies, registerable sex offenses, and a number of other offenses relating to crimes against children or elder or dependent adults.
If a crime is eligible for exemption, CDSS reviews the case and other required documentation, and makes a determination for approval, conditional approval, or denial. When considering an exemption, CDSS must consider a number of factors, including, but not limited to: the nature of the crime, including whether it involved violence; the period of time since the crime was committed and number of offenses; the circumstances surrounding the crime; activities since conviction, such as employment or participation in therapy or education; pardons granted; character references; a certificate of rehabilitation from a superior court; and, evidence of honesty and truthfulness. CDSS also must consider the individual’s age at the time the crime was committed.
Advocates assert that under existing law peer applicants must demonstrate “substantial and convincing evidence” of rehabilitation through an exemption-from-disqualification review process that can take up to fourteen months. This bill requires CDSS, after reviewing the criminal record to grant an exemption to a current or former foster youth if the crime was not on the non-exemptible list, was committed before the individual reached 21 years of age, and the youth will be employed in a peer support capacity.
According to the County Welfare Directors Association of California:
Peer partners play a critical role in supporting children and families involved in the child welfare, behavioral health, and juvenile justice systems. Their lived experience allows them to build trust, improve engagement, and help youth navigate complex systems. This bill would streamline the exemption process to ensure more qualified young people are not waiting for months for the state to affirm their capacity to heal and help others heal.
Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
Date of Hearing:
Counsel: Mary Kennedy
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Nick Schultz, Chair
ABPCA Bill Id:AB 2126
Author:(Elhawary) – As Amended Ver:April 16, 2026
SUMMARY: Requires the California Department of Social Services (CDSS) to provide an exemption from disqualification to former or current foster youth applying for specified roles in facilities governed by the Community Care Facilities Act if their non-excluded offenses were committed before they reached 21 years of age and redefines peer support specialist. Specifically, this bill:
- Requires CDSS or other approving entity after reviewing the criminal record to grant an exemption from disqualification to a foster family agency, to a short-term residential therapeutic program provider applicant, community treatment facility provider applicant, and a group home provider applicant to the background check requirements who was convicted of an offense that is not one of listed offenses if the individual is a current or former foster youth and the crimes were convicted before they reached 21 years of age when the current or former foster youth who will be employed in a peer support capacity and does not apply to youth employed in a caregiving capacity.
- Provides that a youth who is employed in a caregiving capacity shall go through a background check process.
- Prohibits any additional requirement for evidentiary showing for individuals who meet the criteria.
- Defines “current and former foster youth” as a person whose dependency was established or continued by a court of competent jurisdiction, including a tribal court, on or after the youth’s 13th birthday.
- Defines “peer support capacity” as working with foster youth to help them identify and express their needs, advocate, for their rights, engage actively in their care plans for the purpose of developing life skills, building resilience and fostering self-advocacy.
EXISTING LAW:
- Establishes the Community Care Facilities Act, which allows for the licensure and oversight of out-of-home placements for abused and neglected children by CDSS. (Health and Safety Code [HSC] § 1500 et seq.)
- Establishes the Community Care Licensing Division within CDSS and requires CDSS to license group care facilities, private foster family agencies, and foster family homes in order to place children who are in the child welfare system. Further requires, prior to licensure, a foster home provider to undergo a specified criminal background check. (HSC §§ 1502; 1522)
- Requires CDSS to obtain a full criminal record, if any, for certain individuals, including adults responsible for administration or direct supervision of staff; any person, other than client, residing in the facility; any person who provides client assistance in dressing, grooming or bathing; and any staff person, volunteer, or employee who has contact with the clients, among others, for purposes of criminal record clearance. (HSC § 1569.17 sub. b)
- Specifies that the following are not exemptible crimes for purposes of completing a criminal record clearance to work in a community care facility:
- Assault with intent to commit specified felonies, including mayhem, rape, sodomy, oral copulation, rape/sexual penetration in concert, lewd acts on a child, and sexual penetration;
- Sexual battery, which describes several forms of nonconsensual sexual touching, including while the victim is restrained, medically incapacitated, or under fraudulent “professional purpose” pretenses;
- Rape or sexual penetration in concert, meaning committed while acting in concert with another person by force or violence and against the victim’s will;
- Felony child endangerment/child abuse likely to produce great bodily harm or death;
- The predecessor version of the same higher-level child abuse/endangerment offense;
- Assault on a child under 8 years of age by force likely to produce great bodily injury resulting in death; the section also covers causing coma due to brain injury or permanent paralysis;
- Willful infliction on a child of cruel or inhuman corporal punishment or injury resulting in a traumatic condition;
- Lewd or lascivious acts with a child;
- Sexual penetration which lists offenses that trigger sex offender registration under the Sex Offender Registration Act and includes offenses such as rape, sexual-assault-type assaults, sexual battery, child pornography offenses, and others;
- Elder or dependent adult abuse, including abuse or neglect likely to cause great bodily harm or death and related elder/dependent-adult abuse offenses;
- “Violent felonies” including: murder or voluntary manslaughter, mayhem, specified rape, specified sodomy, specified oral copulation, lewd acts, any felony punishable by death or life imprisonment, certain firearm felonies, robbery, specified arson, sexual penetration, attempted murder, kidnapping, assaults, continuous sexual abuse of a child, carjacking, rape/sexual penetration in concert, gang-related extortion and witness intimidation, certain occupied first-degree burglaries, and firearm-use violations;
- Sexual exploitation by certain licensed or purported healing-arts professionals, such as a physician, psychotherapist, research psychoanalyst, student research psychoanalyst, or alcohol and drug abuse counselor; including sexual intercourse, sodomy, oral copulation, or sexual contact with a patient/client, or with a former patient/client if the relationship was ended mainly to engage in those acts;
- Torture;
- Carjacking;
- Poisoning food, drink, medicine, pharmaceutical products, or a water supply with a poison or harmful substance where the person knows or should know it may be taken by a human and cause injury;
- Drawing or exhibiting a loaded firearm in a rude, angry, or threatening manner, or unlawfully using a loaded firearm in a fight or quarrel, on the grounds of a day care center or a facility/program for minors while open for use;
- Arson causing great bodily injury. (HSC § 1522 (g))
- Grants CDSS the authority to grant an exemption from disqualification for to a foster care provider applicant, resource family applicant, tribally approved home applicant, or any person subject to the background check requirements of this section pursuant to foster care provider applicant, RFA, tribally approved home, or respite care provider standards, who has been convicted of an offense not listed in 4) above, if the individual’s state and federal criminal history information received from the Department of Justice (DOJ) 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. (HSC § 1522 (g)(2)(D))
- Establishes the Peer Support Specialist Certification Program (W&I Code §§ 1045.10-14045.21)
FISCAL EFFECT: Unknown
COMMENTS:
- Author’s statement: “Support from those with lived experiences in foster care can often improve outcomes as families navigate complex systems. However, hiring barriers and administrative burdens consistently lead to the loss of these qualified peer workers. AB 2126, through its background check exemption for current or former foster youth whose offenses occurred before the age of 21, allows agencies to hire peer partners more quickly and enables individuals with lived experience to contribute to community care facilities. In doing so, AB 2126 expands opportunity for those from foster care backgrounds and helps California hire qualified workers within its residential care system.”
- Child Welfare Services (CWS) System. The CWS system aims to protect children who are at risk of, or are victims of, child abuse, neglect, or exploitation through an integrated service delivery system that provides prevention/intensive services to families to ensure enough child safety, permanency, and well-being to allow families to stay together in their own homes. CDSS serves as the state agency responsible for oversight, supervision, fiscal and regulatory guidance, and training, as well as developing policies, procedures, and programs in accordance with federal and state law.
- Background Check Process. In order to be a resource family or be employed in a licensed facility, individuals must complete a background check to determine their suitability. As part of the background check process, CDSS is responsible for obtaining state and federal criminal history information on any individual applying for a license, certification, registration, or approval. CDSS is responsible for processing and approving individuals to work in and around these children. For the children’s residential program, there are two forms separated by placement. One for RFA, and the other for foster placements which include group homes, STRTPs, temporary housing placements, and temporary shelter care facilities.
During the background check process if the person has a criminal history. CDSS examines the criminal history. The person was convicted of a non-exemptible conviction within the past 10 years, the application is denied. The list of non-exemptible offenses which include violent felonies, registerable sex offenses, and a number of other offenses relating to crimes against children or elder or dependent adults.
If the crimes are eligible for exemption under current law, CDSS will send an exemption notification letter to the applicant or licensee and to the individual. Individuals awaiting an exemption may not be present in a facility until an exemption is granted. CDSS then makes a determination by reviewing the case and other required documentation, which could result in approval, conditional approval, or denial. When considering an exemption for individuals who have committed crimes that are exemptible, CDSS is required to consider a number of factors, including, but not limited to: the nature of the crime, including whether it involved violence; the period of time since the crime was committed and number of offenses; the circumstances surrounding the crime; activities since conviction, such as employment or participation in therapy or education; pardons granted; character references; a certificate of rehabilitation from a superior court; and, evidence of honesty and truthfulness. CDSS is also required to consider the individual’s age at the time the crime was committed.
- Exemption for non-exemptible offenses: This bill provides that CDSS after reviewing the criminal record shall grant an exemption to the specified entities if: the crime was not on the non-exemptible list; the individual was a current or former foster youth; and the crimes were committed before the individual reached 21 years of age and who will be employed in a peer support capacity. No additional evidentiary showing is required for these individuals to get an exemption. The requirement that an exemption be granted does not apply if the individual is employed in a caregiving capacity. The providers for which this exemption would apply are: foster family agency provider; short-term residential therapeutic program provider applicant; community treatment facility provider applicant; and, a group home provider applicant.
- Peer Supports: It is widely recognized that individuals with lived experience in the CWS system offer support that is unique and beneficial to foster youth. Because they can draw from their own experiences and because they are not seen as part of the system, peer mentors are uniquely positioned to empathize with those they work to support and are able to build trusting relationships in a way that child welfare professionals cannot. According to the Administration for Children and Families, “having a peer mentor helps young people know they are not alone in their experiences and that can be very transformative.”[1] In mental health and substance use disorder treatments, peer support programs are considered an evidence-based practice. The United States Substance Use and Mental Health Services Administration determined that peer support is a crucial complement to the traditional service array, citing evidence that peer support models recovery and offers hope, increases self-esteem, confidence, and sense of control.[2] However, the CWS system does not have research to apply, but it is a growing practice across the country.
This bill defines “peer support capacity” as working with foster youth to help them identify and express their needs, advocate for their right, engage actively in their care plans for the purpose of developing life skills, building resilience, and fostering self-advocacy.
- Foster youth: This bill defines “current and former foster youth” as a person whose dependency was established or continued by a court of competent jurisdiction, including a tribal court, on or after the youth’s 13th birthday.
- Argument in Support: The County Welfare Directors Association of California support this bill stating, “California is facing an urgent youth mental health crisis, with rising rates of depression, anxiety, trauma-related disorders, and suicidal ideation among young people across the state. The crisis is especially acute for youth involved in the child welfare system, who experience higher rates of trauma and greater barriers to consistent, culturally responsive care. Youth in foster care, especially youth of color, are also disproportionately impacted by the school-prison pipeline, with their emotional distress and trauma more often met with discipline and surveillance, rather than care and greater support. At the same time, the state faces significant workforce shortages across child-serving systems, making it imperative that we remove unnecessary barriers that prevent qualified individuals from working within our systems of care.
“Peer partners play a critical role in supporting children and families involved in the child welfare, behavioral health, and juvenile justice systems. Their lived experience allows them to build trust, improve engagement, and help youth navigate complex systems. However, current background check requirements create significant delays for qualified peer applicants who have nonviolent offenses that occurred before age 21 - offenses that are often tied to trauma and instability experienced during adolescence.
“Under existing law, peer applicants must demonstrate “substantial and convincing evidence” of rehabilitation through an exemption-from-disqualification review process that can take up to fourteen months. Many cannot afford to wait that long for employment, and agencies lose highly qualified candidates who are ready and able to serve. The existing exemption process recognizes that youth-age offenses should not permanently bar individuals from meaningful employment, especially when their lived experience is a powerful asset in helping others. This bill would streamline the exemption process to ensure more qualified young people are not waiting for months for the state to affirm their capacity to heal and help others heal.”
- Related Legislation: None
- Prior Legislation: None
REGISTERED SUPPORT / OPPOSITION:
Support
Alliance for Boys and Men of Color
Aspiranet
Association of Community Human Service Agencies
Cal Voices
California Alliance of Caregivers
California Association of Alcohol and Drug Program Executives, INC.
California Youth Empowerment Network
Casa Pacifica Centers for Children and Families
Children's Institute
County Welfare Directors Association of California
Hamburger Home Dba Aviva Family and Children's Services
Helpline Youth Counseling, INC.
Lincoln Families
Mental Health America of California
Pacific Clinics
Rancho San Antonio Boys Home INC.
Redwood Community Services
The Children's Partnership
Vista Del Mar Child and Family Services
Wolf Strategies
1 Private Individual
Opposition
None submitted
Analysis Prepared by:
Mary Kennedy / PUB. S. / (916) 319-3744
Date of Hearing: April 14, 2026
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Alex Lee, Chair
ABPCA Bill Id:AB 2126 (
Author:Elhawary) – As Introduced Ver:February 18, 2026
SUBJECT: Community care facilities: criminal background exemptions
SUMMARY: Requires the California Department of Social Services (CDSS) to provide an exemption from disqualification to former or current foster youth applying for specified roles in facilities governed by the Community Care Facilities Act if their non-excluded offenses were committed before they reached 21 years of age, and redefines peer support specialist. Specifically, this bill:
- Requires CDSS or other approving entity after reviewing the criminal record to grant an exemption from disqualification to a foster care provider applicant, resource family applicant, tribally approved home applicant, or any person subject to the background check requirements of existing law pursuant to the foster care provider applicant, resource family approval (RFA), tribally approved home, respite care provider standards, short-term residential therapeutic program (STRTP) provider applicant, community treatment facility provider applicant, and a group home provider applicant who has been convicted of a specified offense, if the individual is a current or former foster youth and the crimes were committed before they reached 21 years of age.
- Prohibits any additional requirement for evidentiary showing for individuals who meet the criteria.
- Specifies that the provisions above only apply to current and former foster youth who will be employed in a peer support capacity and do not apply to youth intended to be employed in a caregiving capacity.
- Adds the following to the current definition of peer support specialist for the purposes of a peer support specialist certification: A current or former foster youth shall be eligible based on their experience of trauma and having lived experience in the process of recovery and system navigation.
EXISTING LAW:
- Establishes the Community Care Facilities Act, which allows for the licensure and oversight of out-of-home placements for abused and neglected children by CDSS. (Health and Safety Code [HSC] § 1500 et seq.)
- Establishes the Community Care Licensing Division within CDSS and requires CDSS to license group care facilities, private foster family agencies, and foster family homes in order to place children who are in the child welfare system. Further requires, prior to licensure, a foster home provider to undergo a specified criminal background check. (HSC §§ 1502; 1522)
- Requires CDSS to obtain a full criminal record, if any, for certain individuals, including adults responsible for administration or direct supervision of staff; any person, other than a client, residing in the facility; any person who provides client assistance in dressing, grooming or bathing; and any staff person, volunteer, or employee who has contact with the clients, among others, for purposes of criminal record clearance. (HSC § 1569.17 (b))
- Specifies that the following are not exemptible crimes for purposes of completing a criminal record clearance to work in a community care facility:
- Assault with intent to commit specified felonies, including mayhem, rape, sodomy, oral copulation, rape/sexual penetration in concert, lewd acts on a child, and sexual penetration;
- Sexual battery, which describes several forms of nonconsensual sexual touching, including while the victim is restrained, medically incapacitated, or under fraudulent “professional purpose” pretenses;
- Rape or sexual penetration in concert, meaning committed while acting in concert with another person by force or violence and against the victim’s will;
- Felony child endangerment/child abuse likely to produce great bodily harm or death;
- The predecessor version of the same higher-level child abuse/endangerment offense;
- Assault on a child under 8 years of age by force likely to produce great bodily injury resulting in death; the section also covers causing coma due to brain injury or permanent paralysis;
- Willful infliction on a child of cruel or inhuman corporal punishment or injury resulting in a traumatic condition;
- Lewd or lascivious acts with a child;
- Sexual penetration which lists offenses that trigger sex offender registration under the Sex Offender Registration Act and includes offenses such as rape, sexual-assault-type assaults, sexual battery, child pornography offenses, and others;
- Elder or dependent adult abuse, including abuse or neglect likely to cause great bodily harm or death and related elder/dependent-adult abuse offenses;
- “Violent felonies” including: murder or voluntary manslaughter, mayhem, specified rape, specified sodomy, specified oral copulation, lewd acts, any felony punishable by death or life imprisonment, certain firearm felonies, robbery, specified arson, sexual penetration, attempted murder, kidnapping, assaults, continuous sexual abuse of a child, carjacking, rape/sexual penetration in concert, gang-related extortion and witness intimidation, certain occupied first-degree burglaries, and firearm-use violations;
- Sexual exploitation by certain licensed or purported healing-arts professionals, such as a physician, psychotherapist, research psychoanalyst, student research psychoanalyst, or alcohol and drug abuse counselor; including sexual intercourse, sodomy, oral copulation, or sexual contact with a patient/client, or with a former patient/client if the relationship was ended mainly to engage in those acts;
- Torture;
- Carjacking;
- Poisoning food, drink, medicine, pharmaceutical products, or a water supply with a poison or harmful substance where the person knows or should know it may be taken by a human and cause injury;
- Drawing or exhibiting a loaded firearm in a rude, angry, or threatening manner, or unlawfully using a loaded firearm in a fight or quarrel, on the grounds of a day care center or a facility/program for minors while open for use;
- Arson causing great bodily injury. (HSC § 1522 (g))
- Grants CDSS the authority to grant an exemption from disqualification for to a foster care provider applicant, resource family applicant, tribally approved home applicant, or any person subject to the background check requirements of this section pursuant to foster care provider applicant, RFA, tribally approved home, or respite care provider standards, who has been convicted of an offense not listed in 4) above, if the individual’s state and federal criminal history information received from the Department of Justice (DOJ) 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. (HSC § 1522 (g)(2)(D))
- Establishes the Peer Support Specialist Certification Program. (Welfare and Institutions Code §§ 14045.10 - 14045.21.)
FISCAL EFFECT: Unknown, this bill has not been analyzed by a fiscal committee.
COMMENTS: This analysis only covers policy issues germane to the Assembly Committee on Human Services.
Background: Child Welfare Services (CWS) System. The CWS system aims to protect children who are at risk of, or are victims of, child abuse, neglect, or exploitation through an integrated service delivery system that provides prevention/intensive services to families to ensure enough child safety, permanency, and well-being to allow families to stay together in their own homes. CDSS serves as the state agency responsible for oversight, supervision, fiscal and regulatory guidance, and training, as well as developing policies, procedures, and programs in accordance with federal and state law.
When children are removed from their parents’ custody, state and federal laws require that reasonable efforts be made to reunify the child with the parents or, in the case of an Indian child, the Indian Child Welfare Act applies. When it is not possible for the child to safely return to the home of the parents, the law requires that a permanent plan be determined for the child. The priority is finding a family member to care for the child, but when that is not possible, children may be placed in a family resource home, and if the child has more needs, a licensed STRTP or a community treatment facility.
Background Check Process. In order to be a resource family or be employed in a licensed facility, individuals must complete a background check to determine their suitability. As part of the background check process, CDSS is responsible for obtaining state and federal criminal history information on any individual applying for a license, certification, registration, or approval. CDSS is responsible for processing and approving individuals to work in and around these children. For the children’s residential program, there are two forms separated by placement. One for RFA, and the other for foster placements which include group homes, STRTPs, temporary housing placements, and temporary shelter care facilities.
An applicant or agency typically starts in the Guardian system, which is the online application program CDSS uses for all background checks, including adult programs. After submitting an application, an applicant then gets Live Scan fingerprinted and the information is sent back to the Guardian system. [Note: An applicant can get a Live Scan prior to submitting an application via Guardian.]
After the fingerprints are received in the Guardian system and, if flagged, CDSS then does a registry research check which can include the Administrative Actions Records System and the Child Abuse Central Index (CACI). The Administrative Actions Records System is a database housing information on negative legal actions, and CACI is a system with child abuse information. According to the Office of the Attorney General, “It is important to note that the effectiveness of the CACI is only as good as the quality of the information reported. Each agency that submits a report of substantiated child abuse or severe neglect is responsible for the accuracy, completeness and retention of the original reports. The CACI serves as a ‘pointer’ back to the original submitting agency.”
Once those are finished, CDSS checks if there is a record of arrests and prosecutions (RAP) sheet. If a RAP sheet exists, this means that the individual has a criminal history of some kind, based on the results from the DOJ and/or the Federal Bureau of Investigation. CDSS examines criminal history that begins when an applicant turns 18 years of age, regardless of whether the arrest does not end in a conviction or if the conviction is later dismissed and/or expunged. There are three possible next steps if an RAP sheet exists.
- If it is a non-exemptible conviction, the application is denied. There is a list of 60 non-exemptible offenses which include, but are not limited to, murder, rape, torture, kidnapping, and robbery;
- If the crimes are eligible for exemption under current law, CDSS will send an exemption notification letter to the applicant or licensee and to the individual. Individuals awaiting an exemption may not be present in a facility until an exemption is granted. CDSS then makes a determination by reviewing the case and other required documentation, which could result in approval, conditional approval, or denial. When considering an exemption for individuals who have committed crimes that are exemptible, CDSS is required to consider a number of factors, including, but not limited to: the nature of the crime, including whether it involved violence; the period of time since the crime was committed and number of offenses; the circumstances surrounding the crime; activities since conviction, such as employment or participation in therapy or education; pardons granted; character references; a certificate of rehabilitation from a superior court; and, evidence of honesty and truthfulness. CDSS is also required to consider the individual’s age at the time the crime was committed. CDSS has the authority to grant a criminal record exemption that places conditions on the individual’s continued licensure and employment or presence in a licensed facility; or,
- If the RAP sheet is flagged as referral arrest, which means the individual has an arrest on their record that is on the referable arrest list, then CDSS will do an investigation, but cannot inform the agency which applicant is applying to work.
This bill would change the process as described in 2) above for current or former foster youth by eliminating the authority for CDSS to make a determination if an exemption is appropriate. And, instead, requires an automatic exemption for current and former foster youth working in a peer support capacity if the crime committed is not on the non-exemptible list as described in existing law above.
Peer Supports. It is widely recognized that individuals with lived experience in the CWS system offer support that is unique and beneficial to foster youth. Because they can draw from their own experiences and because they are not seen as part of the system, peer mentors are uniquely positioned to empathize with those they work to support and are able to build trusting relationships in a way that child welfare professionals cannot. According to the Administration for Children and Families, “having a peer mentor helps young people know they are not alone in their experiences and that can be very transformative.”[1] In mental health and substance use disorder treatments, peer support programs are considered an evidence-based practice. The United States Substance Use and Mental Health Services Administration determined that peer support is a crucial complement to the traditional service array, citing evidence that peer support models recovery and offers hope, increases self-esteem, confidence, and sense of control.[2] However, the CWS system does not have research to apply, but it is a growing practice across the country.
Foster Youth and the Juvenile Justice Intersection. It is not uncommon for a foster youth to have come into contact with law enforcement which would flag their background check for CDSS to further investigation. Youth in foster care are disproportionately represented in the justice system, with some studies showing roughly 70% of youth who exit care as legal adults are arrested at least once by 26 years of age. [3] According to the California Child Welfare Indicators Project’s (CCWIP) point-in-time count, there are 1,077 probation-involved foster youth currently in care, which is significantly lower than when CCWIP began posting point-in-time data in 2016 at 4,211.[4] The intersection between foster care and juvenile justice systems disproportionately impacts youth of color. While boundary-testing behavior in typical adolescents may result in grounding or conflict resolution, for a child in foster care, these behaviors often lead to police involvement, escalating the situation unnecessarily. Additionally, youth in foster care are at greater risk of being criminalized for behaviors stemming from unmet needs, such as mental health crises or histories of trauma.
Author’s Statement: According to the Author, “Support from those with lived experiences in foster care can often improve outcomes as families navigate complex systems. However, hiring barriers and administrative burdens consistently lead to the loss of these qualified peer workers. [This bill], through its background check exemption for current or former foster youth whose offenses occurred before the age of 21, allows agencies to hire peer partners more quickly and enables individuals with lived experience to contribute to community care facilities. In doing so, [this bill] expands opportunity for those from foster care backgrounds and helps California hire qualified workers within its residential care system.”
Equity Implications: As described above, foster youth touch the legal system at higher rates than their peers and will therefore have more trouble when going through a criminal clearance process. Peer support is important to foster youth in the system, but roadblocks may prevent such connections. This bill may encourage more foster youth to seek peer support roles.
Policy Considerations: This bill includes several different licensing categories and they may not all be suitable for this bill. A resource family is a caregiver—including relatives, non-related extended family members, or foster parents—approved to provide 24-hour care, support, and stability to children in foster care. A Tribally Approved Home is a home licensed or approved by an Indian child’s tribe or organization designated by the tribe, for foster or adoptive placement of an Indian child. A foster care provider is a caregiver who provides a safe, temporary, 24-hour home for children removed from their birth families due to abuse or neglect. A respite care provider is someone who offers temporary relief to primary caregivers, allowing them to rest, travel, or manage personal tasks while ensuring their loved one continues to receive proper care. The nature of these types of providers are in a caregiving capacity, not a peer capacity. While a former foster youth with criminal records may be well-suited for these roles, it may pose a safety risk to include them in this bill.
Should this bill move forward, the author may wish to remove the paragraph requiring CDSS to grant an exemption from disqualification for former and current foster youth for foster care provider applicants, resource family approval, tribally approved home, and respite care provider standards.
This bill states that the automatic exemption shall only apply to current and former foster youth in a peer support capacity and does not apply to youth intended to work in a caregiving capacity. This language is vague and allows for caregiving to happen as long as it wasn’t intended.
Should this bill move forward, the author may wish to consider clarifying that if the individual performs any caregiving duties, they must go back through the normal background process.
This bill does not define what working in a peer support capacity means. By not defining this, peer support capacity could mean an array of duties which may not be suitable for this automatic background exemption.
Should this bill move forward, the author may wish to define the role of an individual employed in a peer support capacity.
A peer support specialist is a certification program that exists for mental health and substance use disorders and allows for Medi-Cal billing. Adding foster youth to the definition and not the program would result in confusion.
Should this bill move forward, the author may wish to strike this definition and instead define current and former foster youth.
Proposed Committee Amendments: In order to address the above policy considerations, the Committee proposes the author take the following amendments:
(E) Notwithstanding subparagraph (D), the department or other approving entity after reviewing the record shall grant an exemption from disqualification to a foster care provider applicant, resource family applicant, tribally approved home applicant, or any person subject to the background check requirements of this section pursuant to the foster care provider applicant, resource family approval, tribally approved home, or respite care provider standards, who has been convicted of an offense not listed in subparagraph (A) or (B), if the individual is a current or former foster youth and the crimes were committed before they reached 21 years of age. No additional evidentiary showing is required for individuals who meet the criteria of this paragraph. This paragraph applies to current and former foster youth who will be employed in a peer support capacity and does not apply to youth intended to be employed in a caregiving capacity.
…
(4) Notwithstanding subparagraph (D) of paragraph (2), the department or other approving entity after reviewing the record shall grant an exemption from disqualification, foster family agency provider, to a short-term residential therapeutic program provider applicant, community treatment facility provider applicant, and a group home provider applicant to the background check requirements of this section, who has been convicted of an offense not listed in subparagraph (A) or (B), if the individual is a current or former foster youth and the crimes were committed before they reached 21 years of age. No additional evidentiary showing is required for individuals who meet the criteria of this paragraph. This paragraph applies to current and former foster youth who will be employed in a peer support capacity and does not apply to youth intended to be employed in a caregiving capacity. A youth who is employed in a caregiving capacity shall go through a background check process as described in subparagraph (D) of paragraph (2)
For the purposes of this subdivision, the following terms have the following meanings:
(A) “Current and former foster youth” means a person whose dependency was established or continued by a court of competent jurisdiction, including a tribal court, on or after the youth’s 13th birthday.”
(B) “Peer support capacity” means working with foster youth to help them identify and express their needs, advocate for their rights, engage actively in their care plans for the purpose of developing life skills, building resilience, and fostering self-advocacy.
…
(g) “Peer support specialist” means an individual who is 18 years of age or older, who has self-identified as having lived experience with the process of recovery from mental illness, substance use disorder, or both, either as a consumer of these services or as the parent or family member of the consumer, and who has been granted certification under a county peer support specialist certification program. A current or former foster youth shall be eligible based on their experience of trauma and having lived experience in the process of recovery and system navigation.
Double referral: Should this bill pass out of the committee, it will be referred to the Assembly Committee on Public Safety.
Arguments in support. According to the co-sponsors, California Alliance of Child and Family Services, “Peer partners play a critical role in supporting children and families involved in the child welfare, behavioral health, and juvenile justice systems. Their lived experience allows them to build trust, improve engagement, and help youth navigate complex systems. However, current background check requirements create significant delays for qualified peer applicants who have nonviolent offenses that occurred before age 21 - offenses that are often tied to trauma and instability experienced during adolescence.
“Under existing law, peer applicants must demonstrate “substantial and convincing evidence” of rehabilitation through an exemption-from-disqualification review process that can take up to fourteen months. Many cannot afford to wait that long for employment, and agencies lose highly qualified candidates who are ready and able to serve. The existing exemption process recognizes that youth-age offenses should not permanently bar individuals from meaningful employment, especially when their lived experience is a powerful asset in helping others. This bill would streamline the exemption process to ensure more qualified young people are not waiting for months for the state to affirm their capacity to heal and help others heal.”
Arguments in opposition. None on file.
RELATED AND PRIOR LEGISLATION:
AB 1720 (Holden), Chapter 581, Statutes of 2022, authorized CDSS to grant a simplified criminal record exemption to an applicant seeking a license or position within various community care facilities, as specified, and removed the requirement for those applicants to sign a declaration under penalty of perjury before the receipt of Live Scan results regarding prior criminal convictions.
SB 354 (Skinner), Chapter 687, Statutes of 2021, adopted changes to the criminal background check process during the RFA process for relatives of children placed in the child welfare system; permitted the court to authorize placement of children with relatives in certain circumstances, regardless of the status of any criminal exemption or RFA; and required CDSS to submit a report to the Legislature by January 1, 2024, related to specified criminal record exemptions.
REGISTERED SUPPORT / OPPOSITION:
Support
California Alliance of Child and Family Services (Co-Sponsor)
Alliance for Children's Rights
Aspiranet
Association of Community Human Service Agencies
Aviva Family & Children’s Services
Cal Voices
California Alliance of Caregivers
California Association of Alcohol and Drug Program Executives, INC.
California Youth Empowerment Network
Casa Pacifica Centers for Children and Families
Children Now
Children's Institute
County Welfare Directors Association of California
Hamburger Home dba Aviva Family and Children's Services
Lincoln Families
Mental Health America of California
Pacific Clinics
Rancho San Antonio Boys Home INC.
Redwood Community Services
Seneca Family of Agencies
Spiritt Family Services
The Children's Partnership
Vista Del Mar Child and Family Services
Wolf Strategies
Opposition
None on file.
Analysis Prepared by: Alexandria Smith / HUM. S. / (916) 319-2089
https://acf.gov/sites/default/files/documents/cb/Recommendations-Improving-Permanency-Well-Being.pdf ↑
https://onlinelibrary.wiley.com/doi/10.1016/j.wpsyc.2012.05.009 ↑
https://journals.sagepub.com/doi/10.1177/1541204020939643#:~:text=Gaehl%2C%202012).-,1,youth%20(McRoy%2C%201994). ↑
https://ccwip.berkeley.edu/childwelfare/reports/PIT/MTSG/r/ab636/s ↑
Discussed in Hearing
5MIN
Assembly Standing Committee on Public Safety
12MIN
Assembly Standing Committee on Human Services
Bill Author
Bill Co-Author(s):