Existing law, the California Community Care Facilities Act, provides for the licensure and regulation of community care facilities, including foster family homes and foster family agencies, by the State Department of Social Services. Existing law requires a criminal record check of applicants for a license, special permit, or certificate of approval for a foster family home or certified family home, and other persons, including nonclients who reside in those homes and staff and employees. Existing law requires the department to check the child abuse and neglect registry of a different state for a licensee of a community care facility who has lived in another state in the preceding 5 years. Existing law generally makes violations of these requirements a crime.

This bill would authorize a licensee of a community care facility to approve an individual to care for children before the completion of another states child abuse and neglect registry check if certain specified conditions are met, including that the community care facility has submitted a request for the out-of-state abuse and neglect registry check to the department. The bill would require a licensee to remove an applicant from the community care facility immediately upon receipt of information that would disqualify the applicant from approval and notify the department of the removal within 3 business days. By expanding the scope of a crime, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Date of Hearing: April 23, 2025

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

ABPCA Bill Id:AB 276

Author:(Bennett) – As Introduced Ver:January 21, 2025

Urgency: No State Mandated Local Program: Yes Reimbursable: No

SUMMARY:

This bill authorizes a licensee of a community care facility to approve an individual to care for children before the completion of a review of another state’s child abuse and neglect registry, if certain conditions are met.

Specifically, this bill:

1. Allows a licensee of a community care facility to approve an individual to care for children prior to the completion of the check of other state’s child abuse and neglect registry, provided the following conditions are met:
   1. The facility has submitted a request for the out-of-state abuse and neglect registry check to the Care Provider Management Bureau.
   2. The applicant has been cleared for all other aspects of the background check, including the Department of Justice (DOJ), the Federal Bureau of Investigation (FBI), and the Child Abuse Central Index (CACI).
   3. The applicant must not have unsupervised contact with residents or clients until the completion of the abuse and neglect registry check, and the licensee must take reasonable steps to ensure the safety and well-being of residents during this period. The applicant may be employed to work in the facility under supervision until a complete caregiver background check is obtained.
   4. If the out-of-state abuse and neglect registry check reveals information that would disqualify the applicant from approval, the licensee must remove the applicant from the community care facility immediately upon receipt of the information and notify the California Department of Social Services (CDSS) of the removal within three business days.

FISCAL EFFECT:

1. CDSS estimates ongoing General Fund (GF) costs of $700,000 to $800,000 annually for four staff positions, including one position for regulation development, evaluator manual development, implementation, education, outreach, and training, and three positions to support exemption processing and monitoring.
2. CDSS anticipates one-time GF information technology costs of an unknown amount, but likely in the low tens-of-thousands of dollars, to create a new clearance and exemption types for application processing and data reporting in the Background Check System (Guardian).

COMMENTS:

1. Purpose. The author is seeking to address staffing shortages at community care facilities by allowing an applicant to work at a facility while waiting for out-of-state clearance, if certain conditions are met. According to the author:

It is crucial that we ensure that programs impacting Foster Care are successful so that we don’t interrupt the continuum of care for our most vulnerable youth. Foster children are the most likely to fall through the cracks. Not having enough staff to help them will only exacerbate this problem.

1. Background. CDSS’s Community Care Licensing Division (CCLD) licenses and oversees community care facilities—including child care facilities, foster family homes, and residential care facilities for the elderly—throughout California. These facilities typically provide non-medical care and supervision for children and adults in need, including individuals with disabilities, older adults in residential care, children in foster care, and children in child daycare facilities. All facilities licensed by CDSS must meet minimum licensing standards, as specified in California’s Health and Safety Code and Title 22 regulations. CDSS conducts pre- and post-licensing inspections for new facilities and unannounced visits to licensed facilities under a statutorily required timeframe.

CDSS is required to check with the DOJ and the FBI, and with CACI through Guardian, the state’s background check system, prior to granting a license or otherwise approving any individual to care for or reside with children. In addition, CDSS must conduct out-of-state background checks for prospective foster parents and adoptive parents, any persons 18 years of age or older living in their household, as well as licensees of community care facilities eligible to accept placement of a dependent child, if such persons have lived in another state in the preceding five years. Applicants subject to these checks are not authorized to work or be present in a licensed facility or approved home until the out-of-state child abuse and neglect registry check has been completed.

In recent years, advocates have reported long wait times for out-of-state background checks. CDSS data indicate, as of April 2025, there were 725 pending out-of-state CACI checks. Advocates worry such delays deter prospective employees, undermine staffing levels in community care facilities, and hinder the quality of services provided to children and youth.

This bill allows an individual to work with children in a licensed facility or approved home while waiting for out-of-state clearance, provided the individual has met all in-state requirements and is supervised at all times.

1. Prior Legislation. AB 2544 (Low), of the 2023-2024 Legislative Session, was substantially similar to this bill. AB 2544 was held on this committee’s suspense file.

Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081

Date of Hearing:

Deputy Chief Counsel: Stella Choe

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Nick Schultz, Chair

ABPCA Bill Id:AB 276

Author:(Bennett) – As Introduced Ver:January 21, 2025

SUMMARY:

Authorizes a licensee of a community care facility (CCF) to approve an applicant to care for children before the completion of another state’s child abuse and neglect registry check, provided that the following conditions are met:

1. The CCF has submitted a request for the out-of-state abuse and neglect registry check to the Care Provider Management Bureau;
2. The applicant has been cleared for all other aspects of the background check, including the Department of Justice (DOJ), the Federal Bureau of Investigation (FBI), and the Child Abuse Central Index (CACI);
3. The applicant shall not have unsupervised contact with residents or clients until completion of the check, and the licensee shall take reasonable steps to ensure the safety and well-being of residents during this period. The applicant may be employed to work in the CCF under supervision until a complete caregiver background check is obtained; and,
4. If the out-of-state registry check reveals information that would disqualify the applicant from approval, the licensee shall remove the applicant from the CCF immediately upon receipt of the information and notify the California Department of Social Services (CDSS) of the removal within 3 business days.

EXISTING LAW:

1. 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 & Saf. Code, § 1500 et seq.)
2. 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. (Health & Saf. Code, § 1502.)
3. Defines “community care facility” as any facility, place, or building that is maintained and operated to provide nonmedical residential care, day treatment, adult day care, or foster family agency services for children, adults, or children and adults, and includes: residential facilities, adult day programs, foster family agencies, group homes, and children’s crisis residential programs, among others. (Health & Saf. Code, §1502.)
4. Requires, before and, as applicable, subsequent to issuing a license or special permits to a person to operate or manage a CCF, CDSS shall obtain criminal records to determine whether the potential licensee, or any adult who resides, is employed, volunteers, or is responsible for certain duties except as provided, has been convicted or any crime, other than an infraction or arrested for a crime requiring sex offender registration, or for assault, child abuse with force likely to result in great bodily injury, domestic violence, or for a crime for which CDSS is prohibited from granting criminal record exemption. (Health & Saf. Code, § 1522.)
5. Requires an applicant to submit fingerprint images and related information to DOJ and the FBI for a state and federal level background check and requires DOJ to notify CDSS of the applicant’s criminal record information within 14 calendar days. (Health & Saf. Code, § 1522, subd. (c).)
6. Permits CDSS to grant an exemption from disqualification for license, employment or residence in a CCF if CDSS 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, with exceptions. (Health & Saf. Code, § 1522, subd. (g).)
7. Requires CDSS, prior to granting a license to, or otherwise approving, any individual to care for or reside with children, to check CACI and investigate any reports received from CACI. The investigation shall include the review of the investigation report and file prepared by the child protection agency which investigated the child abuse report, however, licensure or approval shall not be denied based upon a report from CACI unless child abuse or severe neglect is substantiated. (Health & Saf. Code, § 1522.1, subd. (a).)
8. Requires CDSS to check the child abuse and neglect registry of a different state for a licensee of a CCF who has lived in another state in the preceding 5 years and requires CDSS to develop and promulgate the process and criteria to be used to review and consider other states’ findings of child abuse or neglect. (Health & Saf. Code, § 1522.1, subd. (d).)

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author's Statement: According to the author, "It is crucial that we ensure that programs impacting Foster Care are successful so that we don’t interrupt the continuum of care for our most vulnerable youth. Foster children are the most likely to fall through the cracks. Not having enough staff to help them will only exacerbate this problem. Ensuring the continuum of care will also help disrupt the pipeline to prison in which many foster children end up. This is a failure of the system, but it is one we can help solve.”
2. CCFs and Background Checks: CDSS’s Community Care Licensing Division (CCLD) licenses and oversees community care facilities—including child care facilities, foster family homes, and residential care facilities for the elderly—throughout California. These facilities typically provide non-medical care and supervision for children and adults in need, including individuals with disabilities, older adults in residential care, children in foster care, and children in child day care facilities. As of June 2021, there are 67,622 licensed CCFs in the state with total capacity to serve approximately 1.4 million Californians. All facilities licensed by CDSS must meet minimum licensing standards, as specified in California’s Health and Safety Code and Title 22 regulations. CDSS conducts pre- and post-licensing inspections for new facilities and unannounced visits to licensed facilities under a statutorily required timeframe.
   

CDSS is responsible for obtaining state and federal criminal history information on any individual applying for a license, certification, registration, or approval; or seeking to work or be present in a licensed facility for adults. 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 Resource Family Approval (RFA), and the other for foster placements which include group homes, short-term residential therapeutic programs, temporary housing placements, and temporary shelter care facilities.

According to CDSS, the current average wait time is approximately 60 days if no criminal record is found. If a criminal record is present, the case enters the criminal exemption process, extending the total processing time to an average of 120 days. This bill attempts to address long wait times for out-of-state checks after the other elements of clearance are completed by allowing someone to continue working while waiting for out-of-state clearance.

1. Criminal History Information: Access to person’s summary criminal history information is generally prohibited and only allowed to be disseminated if specifically authorized in statute. “The state constitutional right of privacy extends to protect defendants from unauthorized disclosure of criminal history records. [Citation.] These records are compiled without the consent of the subjects and disseminated without their knowledge. Therefore, custodians of the records, have a duty to ‘resist attempts at unauthorized disclosure and the person who is the subject of the record is entitled to expect that his right will be thus asserted.’” (Westbrook v. County of Los Angeles (1994) 27 Cal.App.4th 157, 165-66.)

DOJ is tasked with maintaining state summary criminal history information and requires the Attorney General to furnish state summary criminal history information only to statutorily authorized entities or individuals for employment, licensing, volunteering etc. (Pen. Code, § 11105.) In addition to the specified entities authorized to receive state summary criminal history information, DOJ may furnish state summary criminal history information to other specified employers upon a showing of compelling need for the information and to any person or entity when they are required by statute to conduct a criminal to comply with requirements or exclusions expressly based upon specified criminal conduct. (Pen. Code, § 11105, subds. (a)(13) & (c).)

Local summary criminal history refers to the master record of information complied by any local criminal justice agency pertaining to the identification and criminal history of any person, such as name, date of birth, physical description, dates of arrests, arresting agencies and booking numbers, charges, dispositions, and similar data about the person. (Pen. Code, § 13300, subd. (a).) Local criminal justice agencies are not allowed to furnish this information except to those specifically authorized in statute. (Pen. Code, § 13300, subd. (b).) Allowing unauthorized access to such records is prohibited and punishable as a misdemeanor. (Pen. Code, § 13302.)

CDSS is statutorily required to seek criminal history information of licensees and other staff, residents, employees and volunteers prior to approval for licensing or employment or placement of residents. (Health & Saf. Code, §§ 1522 and 1569.17.)

According to information provided in the Human Services Committee’s analysis of this bill, 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. 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 CACI. Administrative Actions Records System is a database housing information on negative legal actions, and CACI is a system with child abuse information. 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 FBI. CDSS examines criminal history that begins when an applicant turns 18 years of age, regardless if the arrest does not end in a conviction or if the conviction is later dismissed and/or expunged. Depending on whether the arrest or conviction are exemptible under existing law, CDSS will take actions to determine whether an exemption is appropriate.

1. Argument in Support: According to California Alliance of Child and Family Services, the sponsor of this bill: “To ensure safety of the children and youth, prospective employees must have already cleared rigorous California requirements, including the Department of Justice (DOJ), Federal Bureau of Investigation (FBI), and California Child Abuse Central Index (CACI) checks. At no point would these employees have unsupervised contact with youth until the full background check is complete.

“While federal law under the Family First Prevention Services Act of 2019 (FFPSA) acknowledges these delays, as stated in Section 50745 of the FFPSA, a child abuse and neglect registry maintained by any other state where the applicant has lived within the proceeding five years must only be requested, not completed, before hiring, California law remains outdated and more restrictive than necessary. There is no national database for child abuse registry checks, and each state maintains its own system, often requiring physical mail submissions, checks, and “wet” signatures. Each state's processing time varies. For example, Texas announced in January of this year that their out-of-state child abuse registry check (OCSA) results for other states are on hold until further notice. Without AB 276, the consequences of these delays are devastating to the Children’s Residential Programs across California.

. . . .

“AB 276 provides a practical and urgently needed solution to California’s children’s residential staffing crisis by allowing Children’s Residential Agencies, including Short-Term Residential Therapeutic Programs (STRTPs), Community Treatment Facilities (CTFs), and Transitional Housing Programs (THPs), to provisionally hire qualified employees while awaiting their out-of-state child abuse registry check (OCSA). By aligning California law with federal standards and bringing the state in line with best practices from other states, AB 276 will reduce harmful hiring delays while maintaining child safety protections, ensure foster youth receive stable, high-quality care instead of being placed in unlicensed, inappropriate settings, and allow providers to recruit and retain highly qualified staff without unnecessary administrative roadblocks.”

1. Related Legislation: AB 277 (Alanis) would require a person who provides behavioral health treatment for a behavioral health center, facility, or program to undergo a background check, as specified. AB 277 is pending hearing in the Assembly Human Services Committee.
   
2. Prior Legislation:
   1. AB 2544 (Low), of the 2023-2024 Legislative Session, was substantially similar to this bill. AB 2544 was held in the Assembly Appropriations’ Committee suspense file.
   2. 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.
   3. SB 354 (Skinner), Chapter 687, Statutes of 2021, adopted changes to the criminal background check process during the Resource Family Approval (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.
   4. SB 213 (Mitchell), Chapter 733, Statutes of 2017, streamlined the background check process for prospective and adoptive parents by establishing a list of non-exemptible crimes, a list of crimes for which an exemption may be granted, and a list of crimes for which exemptions must be granted, absent a reasonable belief that the person is not of good character at present.

REGISTERED SUPPORT / OPPOSITION:

Support

California Alliance of Child and Family Services (sponsor)

A Better Way
Allies for Every Child
Association of Community Human Service Agencies
Bill Wilson Center
Boys Republic
California Family Life Center
Casa De Amparo
Casa Pacifica Centers for Children and Families
First Place for Youth
Fosterhope Sacramento
Fred Finch Youth and Family Services
Hillsides
Koinonia Family Services
Newport Healthcare
Olive Crest
Progress Ranch Treatment Services for Children
Seneca Family of Agencies
South Coast Children's Society Dba South Coast Community Services
St Anne's Family Services
Sycamores
Unity Care Group
Vista Del Mar Child and Family Services
Walden Family Services

3 Private Individuals

Opposition

None submitted.

Analysis Prepared by:

Stella Choe / PUB. S. / (916) 319-3744

Date of Hearing: March 11, 2025

ASSEMBLY COMMITTEE ON HUMAN SERVICES

Alex Lee, Chair

ABPCA Bill Id:AB 276 (

Author:Bennett) – As Introduced Ver:January 21, 2025

SUBJECT: Background checks

SUMMARY: Permits a licensee of a community care facility to approve an individual to care for children prior to the completion of the check of other state’s child abuse and neglect registry, provided that specified conditions are met. Specifically, this bill:

1. Permits a licensee of a community care facility to approve an individual to care for children prior to the completion of the check of other state’s child abuse and neglect registry, provided that the following conditions are met:
   1. The facility has submitted a request for the out-of-state abuse and neglect registry check to the Care Provider Management Bureau;
   2. The applicant has been cleared for all other aspects of the background check, including the Department of Justice (DOJ), the Federal Bureau of Investigation (FBI), and the Child Abuse Central Index (CACI); and,
   3. Prohibits the applicant from having unsupervised contact with residents or clients until the completion of the abuse and neglect registry check, and requires the licensee to take reasonable steps to ensure the safety and well-being of residents during this period. The applicant may be employed to work in the facility under supervision until a complete caregiver background check is obtained.
2. Requires, if the out-of-state abuse and neglect registry check reveals information that would disqualify the applicant from approval, the licensee to remove the applicant from the community care facility immediately upon receipt of the information and notify the California Department of Social Services (CDSS) of the removal within three business days.

EXISTING LAW:

1. 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.)
2. 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)
3. Defines “community care facility” as any facility, place, or building that is maintained and operated to provide nonmedical residential care, day treatment, adult day care, or foster family agency services for children, adults, or children and adults, including, but not limited to, individuals with disabilities or mental impairments and abused or neglected children, and includes: residential facilities, adult day programs, foster family agencies, group homes, and children’s crisis residential programs, among others. (HSC § 1502 et seq.)
4. 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))
5. Permits CDSS to allow an individual to transfer a current criminal record clearance from one facility to another if the clearance has been processed and is being transferred to another facility licensed by a state licensing district office. Further, requires the request to be submitted to CDSS in writing, to include a copy of the person’s driver’s license, or other form of valid identification, and requires CDSS to verify whether the individual has a clearance that can be transferred. (HSC § 1569.17 (g)(1))
6. Requires all personnel records be maintained at the facility, and further, allows licensees to retain such records in a central administrative location provided that they are readily available to the licensing agency at the facility. (22 California Code of Regulations § 87412 (g))

FISCAL EFFECT: Unknown, this bill has not been analyzed by a fiscal committee.

COMMENTS:

Background: Background Check Process for Applicants. As part of the background process, CDSS is responsible for obtaining state and federal criminal history information on any individual applying for a license, certification, registration, or approval; or seeking to work or be present in a licensed facility for adults. 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 Resource Family Approval (RFA), and the other for foster placements which include group homes, short-term residential therapeutic programs, temporary housing placements, and temporary shelter care facilities.

This bill applies to foster placements, which are also subjected to out-of-state child abuse checks (OSCA). Applicants subject to these checks are not authorized to work or be present in a licensed facility or approved home until the out-of-state child abuse and neglect registry check has been completed.

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.]

The following is a chart of the process for fingerprints to arrive at CDSS:

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 CACI. Administrative Actions Records System is a database housing information on negative legal actions, and CACI is a system with child abuse information.

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 FBI. CDSS examines criminal history that begins when an applicant turns 18 years of age, regardless if 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.

1. 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;
2. 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,
3. 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 for which the applicant is applying to work.

Out-of-State Child Abuse Checks is an additional requirement for resource parents, adults living in a resource family home, and employees of children’s residential agencies that have lived out-of-state in the past five years in compliance with the Family First Prevention Services Act. This check is a one-time check of an out-of-state agency’s child abuse/neglect registry. If an applicant moves out-of-state for any period of time, the foster family agency or children’s residential agency will need to resubmit the applicable forms to complete a new OSCA check.

Background Check Processing Timelines. Background checks are important to ensure vulnerable populations are kept safe and not put into unnecessary danger. However, in recent years, advocates have reported long wait times resulting in staffing delays, which can also impact care for individuals.

According to CDSS, the current average wait time is approximately 60 days if no criminal record is found. If a criminal record is present, the case enters the criminal exemption process, extending the total processing time to an average of 120 days.

This bill attempts to address long wait times for out-of-state checks after the other elements of clearance are completed by allowing someone to continue working while waiting for out-of-state clearance.

Author’s Statement: According to the Author, “It is crucial that we ensure that these programs are successful so that we don’t interrupt the continuum of care for our most vulnerable youth. Foster children are the most likely to fall through the cracks, not having enough staff to help them will only exacerbate this problem.”

Equity Implications: As of 2020, the Children’s Law Center of California has reported that there are over 60,000 youth in the California foster system, with children of color being overrepresented in the system. As an example, 8% of children in California are Black, while they make up 23% of the state’s youth foster system. Additionally, according to the California Child Welfare Indicators Project, 30% of youth in foster care identify as LGBTQ+. This bill aims to enable children in foster care to maintain effective services.

Double referral: Should this bill pass out of the committee, it will be referred to the Assembly Committee on Public Safety.

RELATED AND PRIOR LEGISLATION:

AB 2544 (Low) of 2024, would have permitted a licensee of a community care facility to approve an individual to care for children prior to the completion of the check of another state’s child abuse and neglect registry, provided that specified conditions are met. AB 2544 was held on the Assembly Appropriations Committee suspense file.

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.

AB 447 (Patterson) of 2019, would have created a process by which licensees of community care facilities, residential care facilities for persons with chronic life-threatening illness, residential care facilities for the elderly, and child daycare facilities may transfer the current criminal record clearance of an individual associated with the facility, with the exception of individuals associated with a certified family home or resource family of a foster family agency, to multiple facilities of the same facility type operated by the same licensee. AB 447 was held on the Senate Appropriations Committee suspense file.

AB 1608 (Holden) of 2019, would have prohibited CDSS from requiring certain individuals subject to the criminal background check process to self-disclose their criminal history information; would have required CDSS to annually post certain data related to criminal record clearance and exemption approvals and denials on its website, and, would have prohibited certain conduct from serving as the basis of a suspension or revocation of a license to operate a community care facility, or as the basis to prohibit an individual from serving in certain administrative capacities over a community care facility, unless certain circumstances exist.
AB 1608 was not set for hearing by the Senate Committee on Human Services.

AB 819 (Stone), Chapter 777, Statutes of 2019, adopted changes to further facilitate the implementation of Continuum of Care Reform, specifically as it related to flexibility for resource families, exclusions from resource family homes, financial resources available to tribally approved homes, the provision of intensive services foster care, and the ability of group home staff to administer emergency injections, among others.

SB 213 (Mitchell), Chapter 733, Statutes of 2017, streamlined the background check process for prospective and adoptive parents by establishing a list of non-exemptible crimes, a list of crimes for which an exemption may be granted, and a list of crimes for which exemptions must be granted, absent a reasonable belief that the person is not of good character at present.

REGISTERED SUPPORT / OPPOSITION:

Support

California Alliance of Child and Family Services (Sponsor)

A Better Way

Alliance for Children's Rights

Association of Community Human Service Agencies

Bill Wilson Center

Boys Republic

California Family Life Center

Casa de Amparo

Casa Pacifica Centers for Children and Families

FosterHope Sacramento

Fred Finch Youth and Family Services

Full Circle Health Network

Hillsides

John Burton Advocates for Youth

Koinonia Family Services

Newport Healthcare

Olive Crest

Progress Ranch Treatment Services for Children

Seneca Family of Agencies

South Coast Children's Society dba South Coast Community Services

St Anne's Family Services

Sycamores

Unity Care Group

Vista Del Mar Child and Family Services

Walden Family Services

Wayfinder Family Services

Opposition

None on file.

Analysis Prepared by: Alexandria Smith / HUM. S. / (916) 319-2089

Date of Hearing: March 11, 2025

ASSEMBLY COMMITTEE ON HUMAN SERVICES

Alex Lee, Chair

ABPCA Bill Id:AB 276 (

Author:Bennett) – As Introduced Ver:January 21, 2025

SUBJECT: Background checks

SUMMARY: Permits a licensee of a community care facility to approve an individual to care for children prior to the completion of the check of other state’s child abuse and neglect registry, provided that specified conditions are met. Specifically, this bill:

1. Permits a licensee of a community care facility to approve an individual to care for children prior to the completion of the check of other state’s child abuse and neglect registry, provided that the following conditions are met:
   1. The facility has submitted a request for the out-of-state abuse and neglect registry check to the Care Provider Management Bureau;
   2. The applicant has been cleared for all other aspects of the background check, including the Department of Justice (DOJ), the Federal Bureau of Investigation (FBI), and the Child Abuse Central Index (CACI); and,
   3. Prohibits the applicant from having unsupervised contact with residents or clients until the completion of the abuse and neglect registry check, and requires the licensee to take reasonable steps to ensure the safety and well-being of residents during this period. The applicant may be employed to work in the facility under supervision until a complete caregiver background check is obtained.
2. Requires, if the out-of-state abuse and neglect registry check reveals information that would disqualify the applicant from approval, the licensee to remove the applicant from the community care facility immediately upon receipt of the information and notify the California Department of Social Services (CDSS) of the removal within three business days.

EXISTING LAW:

1. 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.)
2. 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)
3. Defines “community care facility” as any facility, place, or building that is maintained and operated to provide nonmedical residential care, day treatment, adult day care, or foster family agency services for children, adults, or children and adults, including, but not limited to, individuals with disabilities or mental impairments and abused or neglected children, and includes: residential facilities, adult day programs, foster family agencies, group homes, and children’s crisis residential programs, among others. (HSC § 1502 et seq.)
4. 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))
5. Permits CDSS to allow an individual to transfer a current criminal record clearance from one facility to another if the clearance has been processed and is being transferred to another facility licensed by a state licensing district office. Further, requires the request to be submitted to CDSS in writing, to include a copy of the person’s driver’s license, or other form of valid identification, and requires CDSS to verify whether the individual has a clearance that can be transferred. (HSC § 1569.17 (g)(1))
6. Requires all personnel records be maintained at the facility, and further, allows licensees to retain such records in a central administrative location provided that they are readily available to the licensing agency at the facility. (22 California Code of Regulations § 87412 (g))

FISCAL EFFECT: Unknown, this bill has not been analyzed by a fiscal committee.

COMMENTS:

Background: Background Check Process for Applicants. As part of the background process, CDSS is responsible for obtaining state and federal criminal history information on any individual applying for a license, certification, registration, or approval; or seeking to work or be present in a licensed facility for adults. 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 Resource Family Approval (RFA), and the other for foster placements which include group homes, short-term residential therapeutic programs, temporary housing placements, and temporary shelter care facilities.

This bill applies to foster placements, which are also subjected to out-of-state child abuse checks (OSCA). Applicants subject to these checks are not authorized to work or be present in a licensed facility or approved home until the out-of-state child abuse and neglect registry check has been completed.

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.]

The following is a chart of the process for fingerprints to arrive at CDSS:

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 CACI. Administrative Actions Records System is a database housing information on negative legal actions, and CACI is a system with child abuse information.

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 FBI. CDSS examines criminal history that begins when an applicant turns 18 years of age, regardless if 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.

1. 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;
2. 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,
3. 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 for which the applicant is applying to work.

Out-of-State Child Abuse Checks is an additional requirement for resource parents, adults living in a resource family home, and employees of children’s residential agencies that have lived out-of-state in the past five years in compliance with the Family First Prevention Services Act. This check is a one-time check of an out-of-state agency’s child abuse/neglect registry. If an applicant moves out-of-state for any period of time, the foster family agency or children’s residential agency will need to resubmit the applicable forms to complete a new OSCA check.

Background Check Processing Timelines. Background checks are important to ensure vulnerable populations are kept safe and not put into unnecessary danger. However, in recent years, advocates have reported long wait times resulting in staffing delays, which can also impact care for individuals.

According to CDSS, the current average wait time is approximately 60 days if no criminal record is found. If a criminal record is present, the case enters the criminal exemption process, extending the total processing time to an average of 120 days.

This bill attempts to address long wait times for out-of-state checks after the other elements of clearance are completed by allowing someone to continue working while waiting for out-of-state clearance.

Author’s Statement: According to the Author, “It is crucial that we ensure that these programs are successful so that we don’t interrupt the continuum of care for our most vulnerable youth. Foster children are the most likely to fall through the cracks, not having enough staff to help them will only exacerbate this problem.”

Equity Implications: As of 2020, the Children’s Law Center of California has reported that there are over 60,000 youth in the California foster system, with children of color being overrepresented in the system. As an example, 8% of children in California are Black, while they make up 23% of the state’s youth foster system. Additionally, according to the California Child Welfare Indicators Project, 30% of youth in foster care identify as LGBTQ+. This bill aims to enable children in foster care to maintain effective services.

Double referral: Should this bill pass out of the committee, it will be referred to the Assembly Committee on Public Safety.

RELATED AND PRIOR LEGISLATION:

AB 2544 (Low) of 2019, would have permitted a licensee of a community care facility to approve an individual to care for children prior to the completion of the check of another state’s child abuse and neglect registry, provided that specified conditions are met. AB 2544 was held on the Assembly Appropriations Committee suspense file.

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.

AB 447 (Patterson) of 2019, would have created a process by which licensees of community care facilities, residential care facilities for persons with chronic life-threatening illness, residential care facilities for the elderly, and child daycare facilities may transfer the current criminal record clearance of an individual associated with the facility, with the exception of individuals associated with a certified family home or resource family of a foster family agency, to multiple facilities of the same facility type operated by the same licensee. AB 447 was held on the Senate Appropriations Committee suspense file.

AB 1608 (Holden) of 2019, would have prohibited CDSS from requiring certain individuals subject to the criminal background check process to self-disclose their criminal history information; would have required CDSS to annually post certain data related to criminal record clearance and exemption approvals and denials on its website, and, would have prohibited certain conduct from serving as the basis of a suspension or revocation of a license to operate a community care facility, or as the basis to prohibit an individual from serving in certain administrative capacities over a community care facility, unless certain circumstances exist.
AB 1608 was not set for hearing by the Senate Committee on Human Services.

AB 819 (Stone), Chapter 777, Statutes of 2019, adopted changes to further facilitate the implementation of Continuum of Care Reform, specifically as it related to flexibility for resource families, exclusions from resource family homes, financial resources available to tribally approved homes, the provision of intensive services foster care, and the ability of group home staff to administer emergency injections, among others.

SB 213 (Mitchell), Chapter 733, Statutes of 2017, streamlined the background check process for prospective and adoptive parents by establishing a list of non-exemptible crimes, a list of crimes for which an exemption may be granted, and a list of crimes for which exemptions must be granted, absent a reasonable belief that the person is not of good character at present.

REGISTERED SUPPORT / OPPOSITION:

Support

California Alliance of Child and Family Services (Sponsor)

A Better Way

Alliance for Children's Rights

Association of Community Human Service Agencies

Bill Wilson Center

Boys Republic

California Family Life Center

Casa de Amparo

Casa Pacifica Centers for Children and Families

FosterHope Sacramento

Fred Finch Youth and Family Services

Full Circle Health Network

Hillsides

John Burton Advocates for Youth

Koinonia Family Services

Newport Healthcare

Olive Crest

Progress Ranch Treatment Services for Children

Seneca Family of Agencies

South Coast Children's Society dba South Coast Community Services

St Anne's Family Services

Sycamores

Unity Care Group

Vista Del Mar Child and Family Services

Walden Family Services

Wayfinder Family Services

Opposition

None on file.

Analysis Prepared by: Alexandria Smith / HUM. S. / (916) 319-2089