1520. Any person desiring issuance of a license for a community
care facility or a special permit for specialized services under this
chapter shall file with the department, pursuant to regulations, an
application on forms furnished by the department, which shall
include, but not be limited to:
(a) Evidence satisfactory to the department of the ability of the
applicant to comply with this chapter and of rules and regulations
promulgated under this chapter by the department.
(b) Evidence satisfactory to the department that the applicant is
of reputable and responsible character. The evidence shall include,
but not be limited to, a criminal record clearance pursuant to
Section 1522, employment history, and character references. If the
applicant is a firm, association, organization, partnership, business
trust, corporation, or company, like evidence shall be submitted as
to the members or shareholders thereof, and the person in charge of
the community care facility for which application for issuance of
license or special permit is made.
(c) Evidence satisfactory to the department that the applicant has
sufficient financial resources to maintain the standards of service
required by regulations adopted pursuant to this chapter.
(d) Disclosure of the applicant's prior or present service as an
administrator, general partner, corporate officer, or director of, or
as a person who has held or holds a beneficial ownership of 10
percent or more in, any community care facility or in any facility
licensed pursuant to Chapter 1 (commencing with Section 1200) or
Chapter 2 (commencing with Section 1250).
(e) Disclosure of any revocation or other disciplinary action
taken, or in the process of being taken, against a license held or
previously held by the entities specified in subdivision (d).
(f) A signed statement that the person desiring issuance of a
license or special permit has read and understood the community care
facility licensure statute and regulations that pertain to the
applicant's category of licensure.
(g) Any other information that may be required by the department
for the proper administration and enforcement of this chapter.
(h) In implementing this section, the department shall give due
consideration to the functions of each separate licensing category.
(i) Failure of the applicant to cooperate with the licensing
agency in the completion of the application shall result in the
denial of the application. Failure to cooperate means that the
information described in this section and in regulations of the
department has not been provided, or not provided in the form
requested by the licensing agency, or both.
1520.1. In addition to Section 1520, applicants for a group home
facility license shall meet the following requirements:
(a) (1) During the first 12 months of operation, the facility
shall operate with a provisional license. After eight months of
operation, the department shall conduct a comprehensive review of the
facility for compliance with all applicable laws and regulations and
help develop a plan of correction with the provisional licensee, if
appropriate. By the end of the 12th month of operation, the
department shall determine if the permanent license should be issued.
(2) If the department determines that the group home is in
substantial compliance with licensing standards, notwithstanding
Section 1525.5, the department may extend the provisional license for
up to an additional six months for either of the following reasons:
(A) The group home requires additional time to be in full
compliance with licensing standards.
(B) After 12 months of operation, the group home is not operating
at 50 percent of its licensed capacity.
(3) By no later than the first business day of the 17th month of
operation, the department shall conduct an additional review of a
facility for which a provisional license is extended pursuant to
paragraph (2), in order to determine whether a permanent license
should be issued.
(4) The department may deny a group home license application at
any time during the term of the provisional license to protect the
health and safety of clients. If the department denies the
application, the group home shall cease operation immediately.
Continued operation of the facility after the department denies the
application or the provisional license expires shall constitute
unlicensed operation.
(5) When the department notifies a city or county planning
authority pursuant to subdivision (c) of Section 1520.5, the
department shall briefly describe the provisional licensing process
and the timelines provided for under that process, as well as provide
the name, address, and telephone number of the district office
licensing the facility where a complaint or comment about the group
home's operation may be filed.
(b) (1) After the production of the booklet provided for in
paragraph (2), every member of the group home's board of directors
shall, prior to becoming a member of the board of directors sign a
statement that the board member understands his or her legal duties
and obligations as a member of the board of directors and that the
group home's operation is governed by laws and regulations that are
enforced by the department, as set forth in the booklet. The
applicant, provisional licensee, and licensee shall have this
statement available for inspection by the department. For members of
the board of directors when the booklet is produced, the licensee
shall obtain this statement by the next scheduled meeting of the
board of directors. Compliance with this paragraph shall be a
condition of licensure.
(2) No later than May 1, 1999, the department, in cooperation with
the Department of Justice and in consultation with group home
providers, shall develop and distribute to every group home provider
detailed information designed to educate members of the group home
provider's board of directors of their roles and responsibilities as
board members of a public benefit corporation under the laws of this
state. The information shall be included in a booklet, which shall
include, but not be limited to, all of the following:
(A) The financial responsibilities of a member of the board of
directors.
(B) Disclosure requirements for self-dealing transactions.
(C) Legal requirements pertaining to articles of incorporation,
bylaws, length of board member terms, voting procedures, board
meetings, quorums, minutes of board meetings, and, as provided for in
subdivision (f), board member duties.
(D) A general overview of the laws and regulations governing the
group home's operation that are enforced by the department.
(c) All financial records submitted by a facility to the
department, or that are submitted as part of an audit of the
facility, including, but not limited to, employee timecards and
timesheets, shall be signed and dated by the employee and by the
group home representative who is responsible for ensuring the
accuracy of the information contained in the record, and shall
contain an affirmative statement that the signatories understand that
the information contained in the document is correct to the best of
their knowledge and that submission of false or misleading
information may be prosecuted as a crime.
(d) An applicant, provisional licensee, or licensee shall
maintain, submit, and sign financial documents to verify the
legitimacy and accuracy of these documents. These documents include,
but are not limited to, the group home application, any financial
documents and plans of corrections submitted to the department, and
time sheets.
(e) (1) It is the intent of the Legislature that a group home have
either representatives on its board of directors, as listed in
paragraph (2), or a community advisory board, that meets at least
annually.
(2) The representatives on the board of directors or the community
advisory board members should consist of at least the following
persons:
(A) A member of the facility's board of directors.
(B) Members of the community where the facility is located.
(C) Neighbors of the facility.
(D) Current or former clients of the facility.
(E) A representative from a local law enforcement or other city or
county representative.
(f) Each group home provider shall schedule and conduct quarterly
meetings of its board of directors. During these quarterly meetings,
the board of directors shall review and discuss licensing reports,
financial and program audit reports of its group home operations,
special incident reports, and any administrative action against the
licensee or its employees. The minutes shall reflect the board's
discussion of these documents and the group home's operation. The
licensee shall make available the minutes of group home board of
directors meetings to the department.
1520.11. (a) A corporation that applies for licensure with the
department shall list the facilities that any member of the board of
directors, an executive director, or any officer has been licensed to
operate, been employed in, or served as a member of the board of
directors, the executive director, or an officer.
(b) The department shall not issue a provisional license or
license to any corporate applicant that has a member of the board of
directors, an executive director, or an officer, who is not eligible
for licensure pursuant to Section 1520.3 or Section 1558.1.
(c) The department may revoke the license of any corporate
licensee that has a member of the board of directors, an executive
director, or an officer, who is not eligible for licensure pursuant
to Section 1520.3 or Section 1558.1.
(d) Prior to instituting an administrative action pursuant to
either subdivision (b) or (c), the department shall notify the
applicant or licensee of the person's ineligibility to be a member of
the board of directors, an executive director, or an officer of the
applicant or licensee. The licensee shall remove the person from that
position within 15 days or, if the person has client contact, he or
she shall be removed immediately upon notification.
1520.2. (a) Every licensed community care facility, at the request
of a majority of its residents, shall assist its residents in
establishing and maintaining a resident-oriented facility council.
The council shall be composed of residents of the facility and may
include family members of residents of the facility. The council may,
among other things, make recommendations to facility administrators
to improve the quality of daily living in the facility and may
negotiate to protect residents' rights with facility administrators.
(b) A violation of subdivision (a) shall not be subject to the
provisions of Section 1540 but shall be subject to the provisions of
Section 1534 and any other provisions of this chapter.
(c) This section shall not apply to a community care facility as
defined in paragraphs (3), (5), and (6) of subdivision (a) of Section
1502, or to a community care facility licensed to provide care for
six or fewer individuals.
1520.3. (a) (1) If an application for a license or special permit
indicates, or the department determines during the application review
process, that the applicant previously was issued a license under
this chapter or under Chapter 1 (commencing with Section 1200),
Chapter 2 (commencing with Section 1250), Chapter 3.01 (commencing
with Section 1568.01), Chapter 3.3 (commencing with Section 1569),
Chapter 3.4 (commencing with Section 1596.70), Chapter 3.5
(commencing with Section 1596.90), or Chapter 3.6 (commencing with
Section 1597.30) and the prior license was revoked within the
preceding two years, the department shall cease any further review of
the application until two years shall have elapsed from the date of
the revocation. The cessation of review shall not constitute a denial
of the application for purposes of Section 1526 or any other
provision of law.
(2) If an application for a license or special permit indicates,
or the department determines during the application review process,
that the applicant previously was issued a certificate of approval by
a foster family agency that was revoked by the department pursuant
to subdivision (b) of Section 1534 within the preceding two years,
the department shall cease any further review of the application
until two years shall have elapsed from the date of the revocation.
(3) If an application for a license or special permit indicates,
or the department determines during the application review process,
that the applicant was excluded from a facility licensed by the
department pursuant to Sections 1558, 1568.092, 1569.58, or
1596.8897, the department shall cease any further review of the
application unless the excluded individual has been reinstated
pursuant to Section 11522 of the Government Code by the department.
(b) If an application for a license or special permit indicates,
or the department determines during the application review process,
that the applicant had previously applied for a license under any of
the chapters listed in paragraph (1) of subdivision (a) and the
application was denied within the last year, the department shall
cease further review of the application as follows:
(1) In cases where the applicant petitioned for a hearing, the
department shall cease further review of the application until one
year has elapsed from the effective date of the decision and order of
the department upholding a denial.
(2) In cases where the department informed the applicant of his or
her right to petition for a hearing and the applicant did not
petition for a hearing, the department shall cease further review of
the application until one year has elapsed from the date of the
notification of the denial and the right to petition for a hearing.
(3) The department may continue to review the application if it
has determined that the reasons for the denial of the application
were due to circumstances and conditions which either have been
corrected or are no longer in existence.
(c) If an application for a license or special permit indicates,
or the department determines during the application review process,
that the applicant had previously applied for a certificate of
approval with a foster family agency and the department ordered the
foster family agency to deny the application pursuant to subdivision
(b) of Section 1534, the department shall cease further review of the
application as follows:
(1) In cases where the applicant petitioned for a hearing, the
department shall cease further review of the application until one
year has elapsed from the effective date of the decision and order of
the department upholding a denial.
(2) In cases where the department informed the applicant of his or
her right to petition for a hearing and the applicant did not
petition for a hearing, the department shall cease further review of
the application until one year has elapsed from the date of the
notification of the denial and the right to petition for a hearing.
(3) The department may continue to review the application if it
has determined that the reasons for the denial of the application
were due to circumstances and conditions that either have been
corrected or are no longer in existence.
(d) The cessation of review shall not constitute a denial of the
application for purposes of Section 1526 or any other law.
1520.5. (a) The Legislature hereby declares it to be the policy of
the state to prevent overconcentrations of residential care
facilities that impair the integrity of residential neighborhoods.
Therefore, the director shall deny an application for a new
residential care facility license if the director determines that the
location is in a proximity to an existing residential care facility
that would result in overconcentration.
(b) As used in this section, "overconcentration" means that if a
new license is issued, there will be residential care facilities that
are separated by a distance of 300 feet or less, as measured from
any point upon the outside walls of the structures housing those
facilities. Based on special local needs and conditions, the director
may approve a separation distance of less than 300 feet with the
approval of the city or county in which the proposed facility will be
located.
(c) At least 45 days prior to approving any application for a new
residential care facility, the director, or county licensing agency,
shall notify, in writing, the planning agency of the city, if the
facility is to be located in the city, or the planning agency of the
county, if the facility is to be located in an unincorporated area,
of the proposed location of the facility.
(d) Any city or county may request denial of the license applied
for on the basis of overconcentration of residential care facilities.
(e) Nothing in this section authorizes the director, on the basis
of overconcentration, to refuse to grant a license upon a change of
ownership of an existing residential care facility where there is no
change in the location of the facility.
(f) Foster family homes and residential care facilities for the
elderly shall not be considered in determining overconcentration of
residential care facilities, and license applications for those
facilities shall not be denied upon the basis of overconcentration.
(g) Any transitional shelter care facility as defined in paragraph
(11) of subdivision (a) of Section 1502 shall not be considered in
determining overconcentration of residential care facilities, and
license applications for those facilities shall not be denied upon
the basis of overconcentration.
1520.7. (a) Every community care facility that is licensed or has a
special permit for specialized services pursuant to Section 1525
shall provide a copy of the disaster and mass casualty plan required
pursuant to Section 80023 of Title 22 of the California Code of
Regulations to any fire department, law enforcement agency, or civil
defense or other disaster authority in the area or community in which
the facility is located, upon request by the fire department, law
enforcement agency, or civil defense or other disaster authority.
Section 1540 shall not apply to this section.
(b) The department is not required to monitor compliance with this
section as part of its regulatory monitoring functions.
1521. Any person desiring a license for a community care facility
under the provisions of this chapter which is required by other code
provisions or rules or regulations of the state department pursuant
to other code provisions to have a medical director, organized
medical staff, or resident medical staff or to provide professional
nursing services by a registered nurse or supervision of nursing
services by a licensed registered nurse, a graduate nurse, a licensed
vocational nurse, or a certified psychiatric technician shall comply
with the health planning requirements contained in Part 1.5
(commencing with Section 437) of Division 1.
All other community care facilities shall be exempt from the
health planning requirements contained in Part 1.5 (commencing with
Section 437) of Division 1.
1521.5. (a) The county welfare director shall, prior to the
issuance of any foster family home license, ensure that the county
licensing staff, or the placement staff, conducts one or more in-home
interviews with the prospective foster parent sufficient to collect
information on caregiver qualifications that may be used by the
placement agency to evaluate the ability, willingness, and readiness
of the prospective foster parent to meet the varying needs of
children. The inability of a prospective foster parent to meet the
varying needs of children shall not, in and of itself, preclude a
prospective foster parent from obtaining a foster family home
license.
(b) All in-home interviews required by this section shall be on an
in-person basis.
(c) If the in-home interview is conducted by the licensing agency,
it shall be a part of the licensing record, and shall be shared with
the placement agency pursuant to subdivision (e) of Section 1798.24
of the Civil Code.
(d) The in-home interview required by this section shall be
completed no later than 120 days following notification by the
licensing agency.
(e) No license shall be issued unless an in-home interview has
been conducted as required by this section.
1521.6. (a) The Legislature recognizes the importance of ensuring
that prospective foster family homes meet specified health and safety
requirements. Moreover, the Legislature acknowledges that there is a
further need to evaluate a licensed foster parent's ability,
readiness, and willingness to meet the varying needs of children,
including hard-to-place children, in order to ensure competent
placement resources. Therefore, it is the intent of the Legislature
that the State Department of Social Services, in consultation with
county placement agencies, foster care providers, and other
interested parties, develop and implement through regulations, a
comprehensive home study process that integrates the decision outcome
of the home study developed pursuant to Section 16518 of the Welfare
and Institutions Code, as a criteria for placement.
(b) This section shall become inoperative on the date the
regulations adopted pursuant to this section are filed with the
Secretary of State.
1522. 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, or a certified family home of a
licensed foster family agency. 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 his or her initial presence in a community
care facility.
(a) (1) Before issuing a license or special permit to any person
or persons 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 ever
been convicted of a crime other than a minor traffic violation or
arrested for any crime specified in Section 290 of the Penal Code,
for violating Section 245 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 any crime for
which the department cannot grant an exemption if the person was
convicted and the person has not been exonerated.
(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) Except during the 2003-04 to the 2011-12 fiscal years,
inclusive, 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 or special permit to operate a facility
providing nonmedical board, room, and care for six or less children
or for obtaining a criminal record of the applicant pursuant to this
section.
(4) 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 a minor traffic violation, the
application shall be denied, unless the director grants an exemption
pursuant to subdivision (g).
(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 a minor traffic violation, the
State Department of Social Services may cease processing the
application 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 a minor traffic violation, the license may be revoked, unless
the director 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 an applicant
and all other persons described in subdivision (b) meet all of the
conditions for licensure, except receipt of the Federal Bureau of
Investigation's criminal offender record information search response
for the applicant or any of the persons described in subdivision (b),
the department may issue a license if the applicant and each person
described in subdivision (b) has signed and submitted a statement
that he or she has never been convicted of a crime in the United
States, other than a traffic infraction, as defined in paragraph (1)
of subdivision (a) of Section 42001 of the Vehicle Code. If, after
licensure, the department determines that the licensee or any other
person specified in subdivision (b) has a criminal record, the
license may be revoked pursuant to Section 1550. The department may
also suspend the license pending an administrative hearing pursuant
to Section 1550.5.
(F) The State Department of Social Services shall develop
procedures to provide the individual's state and federal criminal
history information with the written notification of his or her
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 agency's procedures. The
procedure shall protect the confidentiality and privacy of the
individual's record, and the criminal history information shall not
be made available to the employer.
(G) Notwithstanding any other law, the department is authorized to
provide an individual with a copy of his or her 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 his or her
written request. The department shall retain a copy of the individual'
s written request and the response and date provided.
(b) (1) In addition to the applicant, this section shall be
applicable to criminal convictions of the following persons:
(A) Adults responsible for administration or direct supervision of
staff.
(B) Any person, other than a client, residing in the facility.
(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 his or
her 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. Nothing in this paragraph restricts the right of the
department to exclude a certified nurse assistant or certified home
health aide from a licensed community care facility pursuant to
Section 1558.
(D) Any staff person, volunteer, or employee who has contact with
the clients.
(E) If the applicant is a firm, partnership, association, or
corporation, the chief executive officer or other person serving in
like capacity.
(F) 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
person's 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 person's
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 person's 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 person's
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 and are in the facility at the
request of that client or resident's 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 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 premises.
(iii) The same organization does not conduct group activities for
clients more often than defined by the department's regulations.
(3) In addition to the exemptions in paragraph (2), the following
persons in foster family homes, certified family homes, and small
family homes are exempt from the requirements applicable under
paragraph (1):
(A) Adult friends and family of the licensed or certified 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 licensee are not left alone with
the foster children. However, the licensee, 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 his
or her 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 child's friend when the foster child is
visiting the friend's home and the friend, licensed or certified
foster parent, or both are also present. However, the licensee,
acting as a reasonable and prudent parent, may allow the parent of
the foster child's friend to act as an appropriate short-term
babysitter for the child without the friend being present.
(C) Individuals who are engaged by any licensed or certified
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 client's 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 applies:
(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 any 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 client's 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) Nothing in this subdivision shall 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) 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 and
shall sign a declaration under penalty of perjury regarding any prior
criminal convictions. 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 licensee's 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.
(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
for 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 individual's 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, 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 person'
s 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 a minor traffic violation,
the licensee shall, upon notification by the State Department of
Social Services, act immediately to either (A) terminate the person's
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 licensee's failure to
comply with the department's 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 person's 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 his or
her 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 person's
employment or removes the person from the facility after receiving
notice from the department pursuant to paragraph (3).
(d) (1) Before issuing a license or certificate of approval to any
person or persons to operate a foster family home or certified
family home as described in Section 1506, 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 a minor traffic violation or arrested
for any crime specified in subdivision (c) of Section 290 of the
Penal Code, for violating Section 245 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 any crime for which the department
cannot grant an exemption if the person was convicted and the person
has not been exonerated. The State Department of Social Services or
other approving authority shall not issue a license or certificate of
approval to any foster family home or certified family home
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 applicant's home unfit as a foster family home or a
certified family home, the license, special permit, or certificate of
approval 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 a
minor traffic violation, the State Department of Social Services or
other approving authority may cease processing the application 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 agency.
(D) To the same extent required for federal funding, an applicant
for a foster family home license or for certification as a family
home, and any other 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, any 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 or certification, 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 or certified 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 licensee's or
a foster family agency's 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 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 a minor traffic violation, the application shall be denied,
unless the director grants an exemption from disqualification
pursuant to subdivision (g).
(8) If the State Department of Social Services finds after
licensure or the granting of the certificate of approval that the
licensee, certified foster parent, or any other person specified in
subdivision (b) who is not exempt from fingerprinting, has been
convicted of a crime other than a minor traffic violation, the
license or certificate of approval may be revoked by the department
or the foster family agency, whichever is applicable, unless the
director grants an exemption from disqualification pursuant to
subdivision (g). A licensee's failure to comply with the department's
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) The State Department of Social Services shall not use a record
of arrest to deny, revoke, or terminate any application, license,
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 any person who is or may become a client. The State
Department of Social Services is authorized to obtain any 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 section or any other provision 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 his or her 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
section or any other provision 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 section
or any other provision 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 section or any other provision 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) After review of the record, the director 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 director has substantial
and convincing evidence to support a reasonable belief that the
applicant and the person convicted of the crime, if other than the
applicant, are of 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 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 director 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 employee's 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. This clause shall
not apply to foster care providers, including relative caregivers,
nonrelated extended family members, or any other person specified in
subdivision (b), in those homes where the individual has been
convicted of an offense described in paragraph (1) of subdivision (c)
of Section 667.5 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) Under no circumstances shall an exemption be granted pursuant
to this subdivision to any foster care provider 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 subparagraph (B).
(ii) A felony conviction, within the last five years, for physical
assault, battery, or a drug- or alcohol-related offense.
(iii) This subparagraph shall not apply to licenses or approvals
wherein a caregiver was granted an exemption to a criminal conviction
described in clause (i) or (ii) prior to the enactment of this
subparagraph.
(iv) This subparagraph 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.).
(2) The department shall not prohibit a person from being employed
or having contact with clients in a facility on the basis of a
denied criminal record exemption request or arrest information unless
the department complies with the requirements of Section 1558.
(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 in writing to the State Department of Social
Services, and shall include a copy of the person's driver's license
or valid identification card issued by the Department of Motor
Vehicles, or a valid photo identification issued by another state or
the United States government if the person is not a California
resident. Upon request of the licensee, who shall enclose a
self-addressed envelope for this purpose, 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) The following shall apply to a criminal record clearance or
exemption from the department or a county office with
department-delegated licensing authority:
(A) A county office with department-delegated licensing authority
may accept a clearance or exemption from the department.
(B) The department may accept a clearance or exemption from any
county office with department-delegated licensing authority.
(C) A county office with department-delegated licensing authority
may accept a clearance or exemption from any other county office with
department-delegated licensing authority.
(4) With respect to notifications issued by the Department of
Justice pursuant to Section 11105.2 of the Penal Code concerning an
individual whose criminal record clearance was originally processed
by the department 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 office with department-delegated licensing
authority 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 county's 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.
(5) (A) A county child welfare agency with authority to secure
clearances pursuant to Section 16504.5 of the Welfare and
Institutions Code and to grant exemptions pursuant to Section 361.4
of the Welfare and Institutions Code may accept a clearance or
exemption from another county with criminal record and exemption
authority pursuant to these sections.
(B) With respect to notifications issued by the Department of
Justice pursuant to Section 11105.2 of the Penal Code concerning an
individual whose criminal record clearance was originally processed
by a county child welfare agency with criminal record clearance and
exemption authority, the Department of Justice shall process a
request from a county child welfare agency with criminal record and
exemption authority 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 State
Department of Social Services and the Department of Justice.
(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 state 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.
(l) Amendments to this section made in the 1999 portion of the
1999-2000 Regular Session shall be implemented commencing 60 days
after the effective date of the act amending this section in the 1999
portion of the 1999-2000 Regular Session, except that those
provisions for the submission of fingerprints for searching the
records of the Federal Bureau of Investigation shall be implemented
90 days after the effective date of that act.
1522.01. (a) Any person required to be registered as a sex offender
under Section 290 of the Penal Code shall disclose this fact to the
licensee of a community care facility before becoming a client of
that facility. A community care facility client who fails to disclose
to the licensee his or her status as a registered sex offender shall
be guilty of a misdemeanor punishable pursuant to subdivision (a) of
Section 1540. The community care facility licensee shall not be
liable if the client who is required to register as a sex offender
fails to disclose this fact to the community care facility licensee.
However, this immunity does not apply if the community care facility
licensee knew that the client was required to register as a sex
offender.
(b) Any person or persons operating, pursuant to this chapter, a
community care facility that accepts as a client an individual who is
required to be registered as a sex offender under Section 290 of the
Penal Code shall confirm or deny whether any client of the facility
is a registered sex offender in response to any person who inquires
whether any client of the facility is a registered sex offender and
who meets any of the following criteria:
(1) The person is the parent, family member, or guardian of a
child residing within a one-mile radius of the facility.
(2) The person occupies a personal residence within a one-mile
radius of the facility.
(3) The person operates a business within a one-mile radius of the
facility.
(4) The person is currently a client within the facility or a
family member of a client within the facility.
(5) The person is applying for placement in the facility, or
placement of a family member in the facility.
(6) The person is arranging for a client to be placed in the
facility.
(7) The person is a law enforcement officer.
If the community care facility licensee indicates a client is a
registered sex offender, the interested person may describe physical
characteristics of a client and t
1520. Any person desiring issuance of a license for a community
care facility or a special permit for specialized services under this
chapter shall file with the department, pursuant to regulations, an
application on forms furnished by the department, which shall
include, but not be limited to:
(a) Evidence satisfactory to the department of the ability of the
applicant to comply with this chapter and of rules and regulations
promulgated under this chapter by the department.
(b) Evidence satisfactory to the department that the applicant is
of reputable and responsible character. The evidence shall include,
but not be limited to, a criminal record clearance pursuant to
Section 1522, employment history, and character references. If the
applicant is a firm, association, organization, partnership, business
trust, corporation, or company, like evidence shall be submitted as
to the members or shareholders thereof, and the person in charge of
the community care facility for which application for issuance of
license or special permit is made.
(c) Evidence satisfactory to the department that the applicant has
sufficient financial resources to maintain the standards of service
required by regulations adopted pursuant to this chapter.
(d) Disclosure of the applicant's prior or present service as an
administrator, general partner, corporate officer, or director of, or
as a person who has held or holds a beneficial ownership of 10
percent or more in, any community care facility or in any facility
licensed pursuant to Chapter 1 (commencing with Section 1200) or
Chapter 2 (commencing with Section 1250).
(e) Disclosure of any revocation or other disciplinary action
taken, or in the process of being taken, against a license held or
previously held by the entities specified in subdivision (d).
(f) A signed statement that the person desiring issuance of a
license or special permit has read and understood the community care
facility licensure statute and regulations that pertain to the
applicant's category of licensure.
(g) Any other information that may be required by the department
for the proper administration and enforcement of this chapter.
(h) In implementing this section, the department shall give due
consideration to the functions of each separate licensing category.
(i) Failure of the applicant to cooperate with the licensing
agency in the completion of the application shall result in the
denial of the application. Failure to cooperate means that the
information described in this section and in regulations of the
department has not been provided, or not provided in the form
requested by the licensing agency, or both.
1520.1. In addition to Section 1520, applicants for a group home
facility license shall meet the following requirements:
(a) (1) During the first 12 months of operation, the facility
shall operate with a provisional license. After eight months of
operation, the department shall conduct a comprehensive review of the
facility for compliance with all applicable laws and regulations and
help develop a plan of correction with the provisional licensee, if
appropriate. By the end of the 12th month of operation, the
department shall determine if the permanent license should be issued.
(2) If the department determines that the group home is in
substantial compliance with licensing standards, notwithstanding
Section 1525.5, the department may extend the provisional license for
up to an additional six months for either of the following reasons:
(A) The group home requires additional time to be in full
compliance with licensing standards.
(B) After 12 months of operation, the group home is not operating
at 50 percent of its licensed capacity.
(3) By no later than the first business day of the 17th month of
operation, the department shall conduct an additional review of a
facility for which a provisional license is extended pursuant to
paragraph (2), in order to determine whether a permanent license
should be issued.
(4) The department may deny a group home license application at
any time during the term of the provisional license to protect the
health and safety of clients. If the department denies the
application, the group home shall cease operation immediately.
Continued operation of the facility after the department denies the
application or the provisional license expires shall constitute
unlicensed operation.
(5) When the department notifies a city or county planning
authority pursuant to subdivision (c) of Section 1520.5, the
department shall briefly describe the provisional licensing process
and the timelines provided for under that process, as well as provide
the name, address, and telephone number of the district office
licensing the facility where a complaint or comment about the group
home's operation may be filed.
(b) (1) After the production of the booklet provided for in
paragraph (2), every member of the group home's board of directors
shall, prior to becoming a member of the board of directors sign a
statement that the board member understands his or her legal duties
and obligations as a member of the board of directors and that the
group home's operation is governed by laws and regulations that are
enforced by the department, as set forth in the booklet. The
applicant, provisional licensee, and licensee shall have this
statement available for inspection by the department. For members of
the board of directors when the booklet is produced, the licensee
shall obtain this statement by the next scheduled meeting of the
board of directors. Compliance with this paragraph shall be a
condition of licensure.
(2) No later than May 1, 1999, the department, in cooperation with
the Department of Justice and in consultation with group home
providers, shall develop and distribute to every group home provider
detailed information designed to educate members of the group home
provider's board of directors of their roles and responsibilities as
board members of a public benefit corporation under the laws of this
state. The information shall be included in a booklet, which shall
include, but not be limited to, all of the following:
(A) The financial responsibilities of a member of the board of
directors.
(B) Disclosure requirements for self-dealing transactions.
(C) Legal requirements pertaining to articles of incorporation,
bylaws, length of board member terms, voting procedures, board
meetings, quorums, minutes of board meetings, and, as provided for in
subdivision (f), board member duties.
(D) A general overview of the laws and regulations governing the
group home's operation that are enforced by the department.
(c) All financial records submitted by a facility to the
department, or that are submitted as part of an audit of the
facility, including, but not limited to, employee timecards and
timesheets, shall be signed and dated by the employee and by the
group home representative who is responsible for ensuring the
accuracy of the information contained in the record, and shall
contain an affirmative statement that the signatories understand that
the information contained in the document is correct to the best of
their knowledge and that submission of false or misleading
information may be prosecuted as a crime.
(d) An applicant, provisional licensee, or licensee shall
maintain, submit, and sign financial documents to verify the
legitimacy and accuracy of these documents. These documents include,
but are not limited to, the group home application, any financial
documents and plans of corrections submitted to the department, and
time sheets.
(e) (1) It is the intent of the Legislature that a group home have
either representatives on its board of directors, as listed in
paragraph (2), or a community advisory board, that meets at least
annually.
(2) The representatives on the board of directors or the community
advisory board members should consist of at least the following
persons:
(A) A member of the facility's board of directors.
(B) Members of the community where the facility is located.
(C) Neighbors of the facility.
(D) Current or former clients of the facility.
(E) A representative from a local law enforcement or other city or
county representative.
(f) Each group home provider shall schedule and conduct quarterly
meetings of its board of directors. During these quarterly meetings,
the board of directors shall review and discuss licensing reports,
financial and program audit reports of its group home operations,
special incident reports, and any administrative action against the
licensee or its employees. The minutes shall reflect the board's
discussion of these documents and the group home's operation. The
licensee shall make available the minutes of group home board of
directors meetings to the department.
1520.11. (a) A corporation that applies for licensure with the
department shall list the facilities that any member of the board of
directors, an executive director, or any officer has been licensed to
operate, been employed in, or served as a member of the board of
directors, the executive director, or an officer.
(b) The department shall not issue a provisional license or
license to any corporate applicant that has a member of the board of
directors, an executive director, or an officer, who is not eligible
for licensure pursuant to Section 1520.3 or Section 1558.1.
(c) The department may revoke the license of any corporate
licensee that has a member of the board of directors, an executive
director, or an officer, who is not eligible for licensure pursuant
to Section 1520.3 or Section 1558.1.
(d) Prior to instituting an administrative action pursuant to
either subdivision (b) or (c), the department shall notify the
applicant or licensee of the person's ineligibility to be a member of
the board of directors, an executive director, or an officer of the
applicant or licensee. The licensee shall remove the person from that
position within 15 days or, if the person has client contact, he or
she shall be removed immediately upon notification.
1520.2. (a) Every licensed community care facility, at the request
of a majority of its residents, shall assist its residents in
establishing and maintaining a resident-oriented facility council.
The council shall be composed of residents of the facility and may
include family members of residents of the facility. The council may,
among other things, make recommendations to facility administrators
to improve the quality of daily living in the facility and may
negotiate to protect residents' rights with facility administrators.
(b) A violation of subdivision (a) shall not be subject to the
provisions of Section 1540 but shall be subject to the provisions of
Section 1534 and any other provisions of this chapter.
(c) This section shall not apply to a community care facility as
defined in paragraphs (3), (5), and (6) of subdivision (a) of Section
1502, or to a community care facility licensed to provide care for
six or fewer individuals.
1520.3. (a) (1) If an application for a license or special permit
indicates, or the department determines during the application review
process, that the applicant previously was issued a license under
this chapter or under Chapter 1 (commencing with Section 1200),
Chapter 2 (commencing with Section 1250), Chapter 3.01 (commencing
with Section 1568.01), Chapter 3.3 (commencing with Section 1569),
Chapter 3.4 (commencing with Section 1596.70), Chapter 3.5
(commencing with Section 1596.90), or Chapter 3.6 (commencing with
Section 1597.30) and the prior license was revoked within the
preceding two years, the department shall cease any further review of
the application until two years shall have elapsed from the date of
the revocation. The cessation of review shall not constitute a denial
of the application for purposes of Section 1526 or any other
provision of law.
(2) If an application for a license or special permit indicates,
or the department determines during the application review process,
that the applicant previously was issued a certificate of approval by
a foster family agency that was revoked by the department pursuant
to subdivision (b) of Section 1534 within the preceding two years,
the department shall cease any further review of the application
until two years shall have elapsed from the date of the revocation.
(3) If an application for a license or special permit indicates,
or the department determines during the application review process,
that the applicant was excluded from a facility licensed by the
department pursuant to Sections 1558, 1568.092, 1569.58, or
1596.8897, the department shall cease any further review of the
application unless the excluded individual has been reinstated
pursuant to Section 11522 of the Government Code by the department.
(b) If an application for a license or special permit indicates,
or the department determines during the application review process,
that the applicant had previously applied for a license under any of
the chapters listed in paragraph (1) of subdivision (a) and the
application was denied within the last year, the department shall
cease further review of the application as follows:
(1) In cases where the applicant petitioned for a hearing, the
department shall cease further review of the application until one
year has elapsed from the effective date of the decision and order of
the department upholding a denial.
(2) In cases where the department informed the applicant of his or
her right to petition for a hearing and the applicant did not
petition for a hearing, the department shall cease further review of
the application until one year has elapsed from the date of the
notification of the denial and the right to petition for a hearing.
(3) The department may continue to review the application if it
has determined that the reasons for the denial of the application
were due to circumstances and conditions which either have been
corrected or are no longer in existence.
(c) If an application for a license or special permit indicates,
or the department determines during the application review process,
that the applicant had previously applied for a certificate of
approval with a foster family agency and the department ordered the
foster family agency to deny the application pursuant to subdivision
(b) of Section 1534, the department shall cease further review of the
application as follows:
(1) In cases where the applicant petitioned for a hearing, the
department shall cease further review of the application until one
year has elapsed from the effective date of the decision and order of
the department upholding a denial.
(2) In cases where the department informed the applicant of his or
her right to petition for a hearing and the applicant did not
petition for a hearing, the department shall cease further review of
the application until one year has elapsed from the date of the
notification of the denial and the right to petition for a hearing.
(3) The department may continue to review the application if it
has determined that the reasons for the denial of the application
were due to circumstances and conditions that either have been
corrected or are no longer in existence.
(d) The cessation of review shall not constitute a denial of the
application for purposes of Section 1526 or any other law.
1520.5. (a) The Legislature hereby declares it to be the policy of
the state to prevent overconcentrations of residential care
facilities that impair the integrity of residential neighborhoods.
Therefore, the director shall deny an application for a new
residential care facility license if the director determines that the
location is in a proximity to an existing residential care facility
that would result in overconcentration.
(b) As used in this section, "overconcentration" means that if a
new license is issued, there will be residential care facilities that
are separated by a distance of 300 feet or less, as measured from
any point upon the outside walls of the structures housing those
facilities. Based on special local needs and conditions, the director
may approve a separation distance of less than 300 feet with the
approval of the city or county in which the proposed facility will be
located.
(c) At least 45 days prior to approving any application for a new
residential care facility, the director, or county licensing agency,
shall notify, in writing, the planning agency of the city, if the
facility is to be located in the city, or the planning agency of the
county, if the facility is to be located in an unincorporated area,
of the proposed location of the facility.
(d) Any city or county may request denial of the license applied
for on the basis of overconcentration of residential care facilities.
(e) Nothing in this section authorizes the director, on the basis
of overconcentration, to refuse to grant a license upon a change of
ownership of an existing residential care facility where there is no
change in the location of the facility.
(f) Foster family homes and residential care facilities for the
elderly shall not be considered in determining overconcentration of
residential care facilities, and license applications for those
facilities shall not be denied upon the basis of overconcentration.
(g) Any transitional shelter care facility as defined in paragraph
(11) of subdivision (a) of Section 1502 shall not be considered in
determining overconcentration of residential care facilities, and
license applications for those facilities shall not be denied upon
the basis of overconcentration.
1520.7. (a) Every community care facility that is licensed or has a
special permit for specialized services pursuant to Section 1525
shall provide a copy of the disaster and mass casualty plan required
pursuant to Section 80023 of Title 22 of the California Code of
Regulations to any fire department, law enforcement agency, or civil
defense or other disaster authority in the area or community in which
the facility is located, upon request by the fire department, law
enforcement agency, or civil defense or other disaster authority.
Section 1540 shall not apply to this section.
(b) The department is not required to monitor compliance with this
section as part of its regulatory monitoring functions.
1521. Any person desiring a license for a community care facility
under the provisions of this chapter which is required by other code
provisions or rules or regulations of the state department pursuant
to other code provisions to have a medical director, organized
medical staff, or resident medical staff or to provide professional
nursing services by a registered nurse or supervision of nursing
services by a licensed registered nurse, a graduate nurse, a licensed
vocational nurse, or a certified psychiatric technician shall comply
with the health planning requirements contained in Part 1.5
(commencing with Section 437) of Division 1.
All other community care facilities shall be exempt from the
health planning requirements contained in Part 1.5 (commencing with
Section 437) of Division 1.
1521.5. (a) The county welfare director shall, prior to the
issuance of any foster family home license, ensure that the county
licensing staff, or the placement staff, conducts one or more in-home
interviews with the prospective foster parent sufficient to collect
information on caregiver qualifications that may be used by the
placement agency to evaluate the ability, willingness, and readiness
of the prospective foster parent to meet the varying needs of
children. The inability of a prospective foster parent to meet the
varying needs of children shall not, in and of itself, preclude a
prospective foster parent from obtaining a foster family home
license.
(b) All in-home interviews required by this section shall be on an
in-person basis.
(c) If the in-home interview is conducted by the licensing agency,
it shall be a part of the licensing record, and shall be shared with
the placement agency pursuant to subdivision (e) of Section 1798.24
of the Civil Code.
(d) The in-home interview required by this section shall be
completed no later than 120 days following notification by the
licensing agency.
(e) No license shall be issued unless an in-home interview has
been conducted as required by this section.
1521.6. (a) The Legislature recognizes the importance of ensuring
that prospective foster family homes meet specified health and safety
requirements. Moreover, the Legislature acknowledges that there is a
further need to evaluate a licensed foster parent's ability,
readiness, and willingness to meet the varying needs of children,
including hard-to-place children, in order to ensure competent
placement resources. Therefore, it is the intent of the Legislature
that the State Department of Social Services, in consultation with
county placement agencies, foster care providers, and other
interested parties, develop and implement through regulations, a
comprehensive home study process that integrates the decision outcome
of the home study developed pursuant to Section 16518 of the Welfare
and Institutions Code, as a criteria for placement.
(b) This section shall become inoperative on the date the
regulations adopted pursuant to this section are filed with the
Secretary of State.
1522. 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, or a certified family home of a
licensed foster family agency. 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 his or her initial presence in a community
care facility.
(a) (1) Before issuing a license or special permit to any person
or persons 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 ever
been convicted of a crime other than a minor traffic violation or
arrested for any crime specified in Section 290 of the Penal Code,
for violating Section 245 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 any crime for
which the department cannot grant an exemption if the person was
convicted and the person has not been exonerated.
(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) Except during the 2003-04 to the 2011-12 fiscal years,
inclusive, 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 or special permit to operate a facility
providing nonmedical board, room, and care for six or less children
or for obtaining a criminal record of the applicant pursuant to this
section.
(4) 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 a minor traffic violation, the
application shall be denied, unless the director grants an exemption
pursuant to subdivision (g).
(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 a minor traffic violation, the
State Department of Social Services may cease processing the
application 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 a minor traffic violation, the license may be revoked, unless
the director 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 an applicant
and all other persons described in subdivision (b) meet all of the
conditions for licensure, except receipt of the Federal Bureau of
Investigation's criminal offender record information search response
for the applicant or any of the persons described in subdivision (b),
the department may issue a license if the applicant and each person
described in subdivision (b) has signed and submitted a statement
that he or she has never been convicted of a crime in the United
States, other than a traffic infraction, as defined in paragraph (1)
of subdivision (a) of Section 42001 of the Vehicle Code. If, after
licensure, the department determines that the licensee or any other
person specified in subdivision (b) has a criminal record, the
license may be revoked pursuant to Section 1550. The department may
also suspend the license pending an administrative hearing pursuant
to Section 1550.5.
(F) The State Department of Social Services shall develop
procedures to provide the individual's state and federal criminal
history information with the written notification of his or her
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 agency's procedures. The
procedure shall protect the confidentiality and privacy of the
individual's record, and the criminal history information shall not
be made available to the employer.
(G) Notwithstanding any other law, the department is authorized to
provide an individual with a copy of his or her 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 his or her
written request. The department shall retain a copy of the individual'
s written request and the response and date provided.
(b) (1) In addition to the applicant, this section shall be
applicable to criminal convictions of the following persons:
(A) Adults responsible for administration or direct supervision of
staff.
(B) Any person, other than a client, residing in the facility.
(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 his or
her 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. Nothing in this paragraph restricts the right of the
department to exclude a certified nurse assistant or certified home
health aide from a licensed community care facility pursuant to
Section 1558.
(D) Any staff person, volunteer, or employee who has contact with
the clients.
(E) If the applicant is a firm, partnership, association, or
corporation, the chief executive officer or other person serving in
like capacity.
(F) 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
person's 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 person's
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 person's 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 person's
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 and are in the facility at the
request of that client or resident's 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 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 premises.
(iii) The same organization does not conduct group activities for
clients more often than defined by the department's regulations.
(3) In addition to the exemptions in paragraph (2), the following
persons in foster family homes, certified family homes, and small
family homes are exempt from the requirements applicable under
paragraph (1):
(A) Adult friends and family of the licensed or certified 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 licensee are not left alone with
the foster children. However, the licensee, 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 his
or her 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 child's friend when the foster child is
visiting the friend's home and the friend, licensed or certified
foster parent, or both are also present. However, the licensee,
acting as a reasonable and prudent parent, may allow the parent of
the foster child's friend to act as an appropriate short-term
babysitter for the child without the friend being present.
(C) Individuals who are engaged by any licensed or certified
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 client's 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 applies:
(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 any 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 client's 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) Nothing in this subdivision shall 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) 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 and
shall sign a declaration under penalty of perjury regarding any prior
criminal convictions. 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 licensee's 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.
(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
for 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 individual's 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, 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 person'
s 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 a minor traffic violation,
the licensee shall, upon notification by the State Department of
Social Services, act immediately to either (A) terminate the person's
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 licensee's failure to
comply with the department's 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 person's 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 his or
her 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 person's
employment or removes the person from the facility after receiving
notice from the department pursuant to paragraph (3).
(d) (1) Before issuing a license or certificate of approval to any
person or persons to operate a foster family home or certified
family home as described in Section 1506, 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 a minor traffic violation or arrested
for any crime specified in subdivision (c) of Section 290 of the
Penal Code, for violating Section 245 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 any crime for which the department
cannot grant an exemption if the person was convicted and the person
has not been exonerated. The State Department of Social Services or
other approving authority shall not issue a license or certificate of
approval to any foster family home or certified family home
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 applicant's home unfit as a foster family home or a
certified family home, the license, special permit, or certificate of
approval 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 a
minor traffic violation, the State Department of Social Services or
other approving authority may cease processing the application 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 agency.
(D) To the same extent required for federal funding, an applicant
for a foster family home license or for certification as a family
home, and any other 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, any 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 or certification, 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 or certified 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 licensee's or
a foster family agency's 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 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 a minor traffic violation, the application shall be denied,
unless the director grants an exemption from disqualification
pursuant to subdivision (g).
(8) If the State Department of Social Services finds after
licensure or the granting of the certificate of approval that the
licensee, certified foster parent, or any other person specified in
subdivision (b) who is not exempt from fingerprinting, has been
convicted of a crime other than a minor traffic violation, the
license or certificate of approval may be revoked by the department
or the foster family agency, whichever is applicable, unless the
director grants an exemption from disqualification pursuant to
subdivision (g). A licensee's failure to comply with the department's
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) The State Department of Social Services shall not use a record
of arrest to deny, revoke, or terminate any application, license,
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 any person who is or may become a client. The State
Department of Social Services is authorized to obtain any 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 section or any other provision 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 his or her 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
section or any other provision 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 section
or any other provision 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 section or any other provision 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) After review of the record, the director 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 director has substantial
and convincing evidence to support a reasonable belief that the
applicant and the person convicted of the crime, if other than the
applicant, are of 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 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 director 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 employee's 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. This clause shall
not apply to foster care providers, including relative caregivers,
nonrelated extended family members, or any other person specified in
subdivision (b), in those homes where the individual has been
convicted of an offense described in paragraph (1) of subdivision (c)
of Section 667.5 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) Under no circumstances shall an exemption be granted pursuant
to this subdivision to any foster care provider 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 subparagraph (B).
(ii) A felony conviction, within the last five years, for physical
assault, battery, or a drug- or alcohol-related offense.
(iii) This subparagraph shall not apply to licenses or approvals
wherein a caregiver was granted an exemption to a criminal conviction
described in clause (i) or (ii) prior to the enactment of this
subparagraph.
(iv) This subparagraph 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.).
(2) The department shall not prohibit a person from being employed
or having contact with clients in a facility on the basis of a
denied criminal record exemption request or arrest information unless
the department complies with the requirements of Section 1558.
(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 in writing to the State Department of Social
Services, and shall include a copy of the person's driver's license
or valid identification card issued by the Department of Motor
Vehicles, or a valid photo identification issued by another state or
the United States government if the person is not a California
resident. Upon request of the licensee, who shall enclose a
self-addressed envelope for this purpose, 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) The following shall apply to a criminal record clearance or
exemption from the department or a county office with
department-delegated licensing authority:
(A) A county office with department-delegated licensing authority
may accept a clearance or exemption from the department.
(B) The department may accept a clearance or exemption from any
county office with department-delegated licensing authority.
(C) A county office with department-delegated licensing authority
may accept a clearance or exemption from any other county office with
department-delegated licensing authority.
(4) With respect to notifications issued by the Department of
Justice pursuant to Section 11105.2 of the Penal Code concerning an
individual whose criminal record clearance was originally processed
by the department 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 office with department-delegated licensing
authority 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 county's 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.
(5) (A) A county child welfare agency with authority to secure
clearances pursuant to Section 16504.5 of the Welfare and
Institutions Code and to grant exemptions pursuant to Section 361.4
of the Welfare and Institutions Code may accept a clearance or
exemption from another county with criminal record and exemption
authority pursuant to these sections.
(B) With respect to notifications issued by the Department of
Justice pursuant to Section 11105.2 of the Penal Code concerning an
individual whose criminal record clearance was originally processed
by a county child welfare agency with criminal record clearance and
exemption authority, the Department of Justice shall process a
request from a county child welfare agency with criminal record and
exemption authority 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 State
Department of Social Services and the Department of Justice.
(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 state 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.
(l) Amendments to this section made in the 1999 portion of the
1999-2000 Regular Session shall be implemented commencing 60 days
after the effective date of the act amending this section in the 1999
portion of the 1999-2000 Regular Session, except that those
provisions for the submission of fingerprints for searching the
records of the Federal Bureau of Investigation shall be implemented
90 days after the effective date of that act.
1522.01. (a) Any person required to be registered as a sex offender
under Section 290 of the Penal Code shall disclose this fact to the
licensee of a community care facility before becoming a client of
that facility. A community care facility client who fails to disclose
to the licensee his or her status as a registered sex offender shall
be guilty of a misdemeanor punishable pursuant to subdivision (a) of
Section 1540. The community care facility licensee shall not be
liable if the client who is required to register as a sex offender
fails to disclose this fact to the community care facility licensee.
However, this immunity does not apply if the community care facility
licensee knew that the client was required to register as a sex
offender.
(b) Any person or persons operating, pursuant to this chapter, a
community care facility that accepts as a client an individual who is
required to be registered as a sex offender under Section 290 of the
Penal Code shall confirm or deny whether any client of the facility
is a registered sex offender in response to any person who inquires
whether any client of the facility is a registered sex offender and
who meets any of the following criteria:
(1) The person is the parent, family member, or guardian of a
child residing within a one-mile radius of the facility.
(2) The person occupies a personal residence within a one-mile
radius of the facility.
(3) The person operates a business within a one-mile radius of the
facility.
(4) The person is currently a client within the facility or a
family member of a client within the facility.
(5) The person is applying for placement in the facility, or
placement of a family member in the facility.
(6) The person is arranging for a client to be placed in the
facility.
(7) The person is a law enforcement officer.
If the community care facility licensee indicates a client is a
registered sex offender, the interested person may describe physical
characteristics of a client and t
1520. Any person desiring issuance of a license for a community
care facility or a special permit for specialized services under this
chapter shall file with the department, pursuant to regulations, an
application on forms furnished by the department, which shall
include, but not be limited to:
(a) Evidence satisfactory to the department of the ability of the
applicant to comply with this chapter and of rules and regulations
promulgated under this chapter by the department.
(b) Evidence satisfactory to the department that the applicant is
of reputable and responsible character. The evidence shall include,
but not be limited to, a criminal record clearance pursuant to
Section 1522, employment history, and character references. If the
applicant is a firm, association, organization, partnership, business
trust, corporation, or company, like evidence shall be submitted as
to the members or shareholders thereof, and the person in charge of
the community care facility for which application for issuance of
license or special permit is made.
(c) Evidence satisfactory to the department that the applicant has
sufficient financial resources to maintain the standards of service
required by regulations adopted pursuant to this chapter.
(d) Disclosure of the applicant's prior or present service as an
administrator, general partner, corporate officer, or director of, or
as a person who has held or holds a beneficial ownership of 10
percent or more in, any community care facility or in any facility
licensed pursuant to Chapter 1 (commencing with Section 1200) or
Chapter 2 (commencing with Section 1250).
(e) Disclosure of any revocation or other disciplinary action
taken, or in the process of being taken, against a license held or
previously held by the entities specified in subdivision (d).
(f) A signed statement that the person desiring issuance of a
license or special permit has read and understood the community care
facility licensure statute and regulations that pertain to the
applicant's category of licensure.
(g) Any other information that may be required by the department
for the proper administration and enforcement of this chapter.
(h) In implementing this section, the department shall give due
consideration to the functions of each separate licensing category.
(i) Failure of the applicant to cooperate with the licensing
agency in the completion of the application shall result in the
denial of the application. Failure to cooperate means that the
information described in this section and in regulations of the
department has not been provided, or not provided in the form
requested by the licensing agency, or both.
1520.1. In addition to Section 1520, applicants for a group home
facility license shall meet the following requirements:
(a) (1) During the first 12 months of operation, the facility
shall operate with a provisional license. After eight months of
operation, the department shall conduct a comprehensive review of the
facility for compliance with all applicable laws and regulations and
help develop a plan of correction with the provisional licensee, if
appropriate. By the end of the 12th month of operation, the
department shall determine if the permanent license should be issued.
(2) If the department determines that the group home is in
substantial compliance with licensing standards, notwithstanding
Section 1525.5, the department may extend the provisional license for
up to an additional six months for either of the following reasons:
(A) The group home requires additional time to be in full
compliance with licensing standards.
(B) After 12 months of operation, the group home is not operating
at 50 percent of its licensed capacity.
(3) By no later than the first business day of the 17th month of
operation, the department shall conduct an additional review of a
facility for which a provisional license is extended pursuant to
paragraph (2), in order to determine whether a permanent license
should be issued.
(4) The department may deny a group home license application at
any time during the term of the provisional license to protect the
health and safety of clients. If the department denies the
application, the group home shall cease operation immediately.
Continued operation of the facility after the department denies the
application or the provisional license expires shall constitute
unlicensed operation.
(5) When the department notifies a city or county planning
authority pursuant to subdivision (c) of Section 1520.5, the
department shall briefly describe the provisional licensing process
and the timelines provided for under that process, as well as provide
the name, address, and telephone number of the district office
licensing the facility where a complaint or comment about the group
home's operation may be filed.
(b) (1) After the production of the booklet provided for in
paragraph (2), every member of the group home's board of directors
shall, prior to becoming a member of the board of directors sign a
statement that the board member understands his or her legal duties
and obligations as a member of the board of directors and that the
group home's operation is governed by laws and regulations that are
enforced by the department, as set forth in the booklet. The
applicant, provisional licensee, and licensee shall have this
statement available for inspection by the department. For members of
the board of directors when the booklet is produced, the licensee
shall obtain this statement by the next scheduled meeting of the
board of directors. Compliance with this paragraph shall be a
condition of licensure.
(2) No later than May 1, 1999, the department, in cooperation with
the Department of Justice and in consultation with group home
providers, shall develop and distribute to every group home provider
detailed information designed to educate members of the group home
provider's board of directors of their roles and responsibilities as
board members of a public benefit corporation under the laws of this
state. The information shall be included in a booklet, which shall
include, but not be limited to, all of the following:
(A) The financial responsibilities of a member of the board of
directors.
(B) Disclosure requirements for self-dealing transactions.
(C) Legal requirements pertaining to articles of incorporation,
bylaws, length of board member terms, voting procedures, board
meetings, quorums, minutes of board meetings, and, as provided for in
subdivision (f), board member duties.
(D) A general overview of the laws and regulations governing the
group home's operation that are enforced by the department.
(c) All financial records submitted by a facility to the
department, or that are submitted as part of an audit of the
facility, including, but not limited to, employee timecards and
timesheets, shall be signed and dated by the employee and by the
group home representative who is responsible for ensuring the
accuracy of the information contained in the record, and shall
contain an affirmative statement that the signatories understand that
the information contained in the document is correct to the best of
their knowledge and that submission of false or misleading
information may be prosecuted as a crime.
(d) An applicant, provisional licensee, or licensee shall
maintain, submit, and sign financial documents to verify the
legitimacy and accuracy of these documents. These documents include,
but are not limited to, the group home application, any financial
documents and plans of corrections submitted to the department, and
time sheets.
(e) (1) It is the intent of the Legislature that a group home have
either representatives on its board of directors, as listed in
paragraph (2), or a community advisory board, that meets at least
annually.
(2) The representatives on the board of directors or the community
advisory board members should consist of at least the following
persons:
(A) A member of the facility's board of directors.
(B) Members of the community where the facility is located.
(C) Neighbors of the facility.
(D) Current or former clients of the facility.
(E) A representative from a local law enforcement or other city or
county representative.
(f) Each group home provider shall schedule and conduct quarterly
meetings of its board of directors. During these quarterly meetings,
the board of directors shall review and discuss licensing reports,
financial and program audit reports of its group home operations,
special incident reports, and any administrative action against the
licensee or its employees. The minutes shall reflect the board's
discussion of these documents and the group home's operation. The
licensee shall make available the minutes of group home board of
directors meetings to the department.
1520.11. (a) A corporation that applies for licensure with the
department shall list the facilities that any member of the board of
directors, an executive director, or any officer has been licensed to
operate, been employed in, or served as a member of the board of
directors, the executive director, or an officer.
(b) The department shall not issue a provisional license or
license to any corporate applicant that has a member of the board of
directors, an executive director, or an officer, who is not eligible
for licensure pursuant to Section 1520.3 or Section 1558.1.
(c) The department may revoke the license of any corporate
licensee that has a member of the board of directors, an executive
director, or an officer, who is not eligible for licensure pursuant
to Section 1520.3 or Section 1558.1.
(d) Prior to instituting an administrative action pursuant to
either subdivision (b) or (c), the department shall notify the
applicant or licensee of the person's ineligibility to be a member of
the board of directors, an executive director, or an officer of the
applicant or licensee. The licensee shall remove the person from that
position within 15 days or, if the person has client contact, he or
she shall be removed immediately upon notification.
1520.2. (a) Every licensed community care facility, at the request
of a majority of its residents, shall assist its residents in
establishing and maintaining a resident-oriented facility council.
The council shall be composed of residents of the facility and may
include family members of residents of the facility. The council may,
among other things, make recommendations to facility administrators
to improve the quality of daily living in the facility and may
negotiate to protect residents' rights with facility administrators.
(b) A violation of subdivision (a) shall not be subject to the
provisions of Section 1540 but shall be subject to the provisions of
Section 1534 and any other provisions of this chapter.
(c) This section shall not apply to a community care facility as
defined in paragraphs (3), (5), and (6) of subdivision (a) of Section
1502, or to a community care facility licensed to provide care for
six or fewer individuals.
1520.3. (a) (1) If an application for a license or special permit
indicates, or the department determines during the application review
process, that the applicant previously was issued a license under
this chapter or under Chapter 1 (commencing with Section 1200),
Chapter 2 (commencing with Section 1250), Chapter 3.01 (commencing
with Section 1568.01), Chapter 3.3 (commencing with Section 1569),
Chapter 3.4 (commencing with Section 1596.70), Chapter 3.5
(commencing with Section 1596.90), or Chapter 3.6 (commencing with
Section 1597.30) and the prior license was revoked within the
preceding two years, the department shall cease any further review of
the application until two years shall have elapsed from the date of
the revocation. The cessation of review shall not constitute a denial
of the application for purposes of Section 1526 or any other
provision of law.
(2) If an application for a license or special permit indicates,
or the department determines during the application review process,
that the applicant previously was issued a certificate of approval by
a foster family agency that was revoked by the department pursuant
to subdivision (b) of Section 1534 within the preceding two years,
the department shall cease any further review of the application
until two years shall have elapsed from the date of the revocation.
(3) If an application for a license or special permit indicates,
or the department determines during the application review process,
that the applicant was excluded from a facility licensed by the
department pursuant to Sections 1558, 1568.092, 1569.58, or
1596.8897, the department shall cease any further review of the
application unless the excluded individual has been reinstated
pursuant to Section 11522 of the Government Code by the department.
(b) If an application for a license or special permit indicates,
or the department determines during the application review process,
that the applicant had previously applied for a license under any of
the chapters listed in paragraph (1) of subdivision (a) and the
application was denied within the last year, the department shall
cease further review of the application as follows:
(1) In cases where the applicant petitioned for a hearing, the
department shall cease further review of the application until one
year has elapsed from the effective date of the decision and order of
the department upholding a denial.
(2) In cases where the department informed the applicant of his or
her right to petition for a hearing and the applicant did not
petition for a hearing, the department shall cease further review of
the application until one year has elapsed from the date of the
notification of the denial and the right to petition for a hearing.
(3) The department may continue to review the application if it
has determined that the reasons for the denial of the application
were due to circumstances and conditions which either have been
corrected or are no longer in existence.
(c) If an application for a license or special permit indicates,
or the department determines during the application review process,
that the applicant had previously applied for a certificate of
approval with a foster family agency and the department ordered the
foster family agency to deny the application pursuant to subdivision
(b) of Section 1534, the department shall cease further review of the
application as follows:
(1) In cases where the applicant petitioned for a hearing, the
department shall cease further review of the application until one
year has elapsed from the effective date of the decision and order of
the department upholding a denial.
(2) In cases where the department informed the applicant of his or
her right to petition for a hearing and the applicant did not
petition for a hearing, the department shall cease further review of
the application until one year has elapsed from the date of the
notification of the denial and the right to petition for a hearing.
(3) The department may continue to review the application if it
has determined that the reasons for the denial of the application
were due to circumstances and conditions that either have been
corrected or are no longer in existence.
(d) The cessation of review shall not constitute a denial of the
application for purposes of Section 1526 or any other law.
1520.5. (a) The Legislature hereby declares it to be the policy of
the state to prevent overconcentrations of residential care
facilities that impair the integrity of residential neighborhoods.
Therefore, the director shall deny an application for a new
residential care facility license if the director determines that the
location is in a proximity to an existing residential care facility
that would result in overconcentration.
(b) As used in this section, "overconcentration" means that if a
new license is issued, there will be residential care facilities that
are separated by a distance of 300 feet or less, as measured from
any point upon the outside walls of the structures housing those
facilities. Based on special local needs and conditions, the director
may approve a separation distance of less than 300 feet with the
approval of the city or county in which the proposed facility will be
located.
(c) At least 45 days prior to approving any application for a new
residential care facility, the director, or county licensing agency,
shall notify, in writing, the planning agency of the city, if the
facility is to be located in the city, or the planning agency of the
county, if the facility is to be located in an unincorporated area,
of the proposed location of the facility.
(d) Any city or county may request denial of the license applied
for on the basis of overconcentration of residential care facilities.
(e) Nothing in this section authorizes the director, on the basis
of overconcentration, to refuse to grant a license upon a change of
ownership of an existing residential care facility where there is no
change in the location of the facility.
(f) Foster family homes and residential care facilities for the
elderly shall not be considered in determining overconcentration of
residential care facilities, and license applications for those
facilities shall not be denied upon the basis of overconcentration.
(g) Any transitional shelter care facility as defined in paragraph
(11) of subdivision (a) of Section 1502 shall not be considered in
determining overconcentration of residential care facilities, and
license applications for those facilities shall not be denied upon
the basis of overconcentration.
1520.7. (a) Every community care facility that is licensed or has a
special permit for specialized services pursuant to Section 1525
shall provide a copy of the disaster and mass casualty plan required
pursuant to Section 80023 of Title 22 of the California Code of
Regulations to any fire department, law enforcement agency, or civil
defense or other disaster authority in the area or community in which
the facility is located, upon request by the fire department, law
enforcement agency, or civil defense or other disaster authority.
Section 1540 shall not apply to this section.
(b) The department is not required to monitor compliance with this
section as part of its regulatory monitoring functions.
1521. Any person desiring a license for a community care facility
under the provisions of this chapter which is required by other code
provisions or rules or regulations of the state department pursuant
to other code provisions to have a medical director, organized
medical staff, or resident medical staff or to provide professional
nursing services by a registered nurse or supervision of nursing
services by a licensed registered nurse, a graduate nurse, a licensed
vocational nurse, or a certified psychiatric technician shall comply
with the health planning requirements contained in Part 1.5
(commencing with Section 437) of Division 1.
All other community care facilities shall be exempt from the
health planning requirements contained in Part 1.5 (commencing with
Section 437) of Division 1.
1521.5. (a) The county welfare director shall, prior to the
issuance of any foster family home license, ensure that the county
licensing staff, or the placement staff, conducts one or more in-home
interviews with the prospective foster parent sufficient to collect
information on caregiver qualifications that may be used by the
placement agency to evaluate the ability, willingness, and readiness
of the prospective foster parent to meet the varying needs of
children. The inability of a prospective foster parent to meet the
varying needs of children shall not, in and of itself, preclude a
prospective foster parent from obtaining a foster family home
license.
(b) All in-home interviews required by this section shall be on an
in-person basis.
(c) If the in-home interview is conducted by the licensing agency,
it shall be a part of the licensing record, and shall be shared with
the placement agency pursuant to subdivision (e) of Section 1798.24
of the Civil Code.
(d) The in-home interview required by this section shall be
completed no later than 120 days following notification by the
licensing agency.
(e) No license shall be issued unless an in-home interview has
been conducted as required by this section.
1521.6. (a) The Legislature recognizes the importance of ensuring
that prospective foster family homes meet specified health and safety
requirements. Moreover, the Legislature acknowledges that there is a
further need to evaluate a licensed foster parent's ability,
readiness, and willingness to meet the varying needs of children,
including hard-to-place children, in order to ensure competent
placement resources. Therefore, it is the intent of the Legislature
that the State Department of Social Services, in consultation with
county placement agencies, foster care providers, and other
interested parties, develop and implement through regulations, a
comprehensive home study process that integrates the decision outcome
of the home study developed pursuant to Section 16518 of the Welfare
and Institutions Code, as a criteria for placement.
(b) This section shall become inoperative on the date the
regulations adopted pursuant to this section are filed with the
Secretary of State.
1522. 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, or a certified family home of a
licensed foster family agency. 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 his or her initial presence in a community
care facility.
(a) (1) Before issuing a license or special permit to any person
or persons 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 ever
been convicted of a crime other than a minor traffic violation or
arrested for any crime specified in Section 290 of the Penal Code,
for violating Section 245 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 any crime for
which the department cannot grant an exemption if the person was
convicted and the person has not been exonerated.
(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) Except during the 2003-04 to the 2011-12 fiscal years,
inclusive, 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 or special permit to operate a facility
providing nonmedical board, room, and care for six or less children
or for obtaining a criminal record of the applicant pursuant to this
section.
(4) 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 a minor traffic violation, the
application shall be denied, unless the director grants an exemption
pursuant to subdivision (g).
(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 a minor traffic violation, the
State Department of Social Services may cease processing the
application 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 a minor traffic violation, the license may be revoked, unless
the director 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 an applicant
and all other persons described in subdivision (b) meet all of the
conditions for licensure, except receipt of the Federal Bureau of
Investigation's criminal offender record information search response
for the applicant or any of the persons described in subdivision (b),
the department may issue a license if the applicant and each person
described in subdivision (b) has signed and submitted a statement
that he or she has never been convicted of a crime in the United
States, other than a traffic infraction, as defined in paragraph (1)
of subdivision (a) of Section 42001 of the Vehicle Code. If, after
licensure, the department determines that the licensee or any other
person specified in subdivision (b) has a criminal record, the
license may be revoked pursuant to Section 1550. The department may
also suspend the license pending an administrative hearing pursuant
to Section 1550.5.
(F) The State Department of Social Services shall develop
procedures to provide the individual's state and federal criminal
history information with the written notification of his or her
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 agency's procedures. The
procedure shall protect the confidentiality and privacy of the
individual's record, and the criminal history information shall not
be made available to the employer.
(G) Notwithstanding any other law, the department is authorized to
provide an individual with a copy of his or her 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 his or her
written request. The department shall retain a copy of the individual'
s written request and the response and date provided.
(b) (1) In addition to the applicant, this section shall be
applicable to criminal convictions of the following persons:
(A) Adults responsible for administration or direct supervision of
staff.
(B) Any person, other than a client, residing in the facility.
(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 his or
her 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. Nothing in this paragraph restricts the right of the
department to exclude a certified nurse assistant or certified home
health aide from a licensed community care facility pursuant to
Section 1558.
(D) Any staff person, volunteer, or employee who has contact with
the clients.
(E) If the applicant is a firm, partnership, association, or
corporation, the chief executive officer or other person serving in
like capacity.
(F) 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
person's 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 person's
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 person's 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 person's
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 and are in the facility at the
request of that client or resident's 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 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 premises.
(iii) The same organization does not conduct group activities for
clients more often than defined by the department's regulations.
(3) In addition to the exemptions in paragraph (2), the following
persons in foster family homes, certified family homes, and small
family homes are exempt from the requirements applicable under
paragraph (1):
(A) Adult friends and family of the licensed or certified 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 licensee are not left alone with
the foster children. However, the licensee, 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 his
or her 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 child's friend when the foster child is
visiting the friend's home and the friend, licensed or certified
foster parent, or both are also present. However, the licensee,
acting as a reasonable and prudent parent, may allow the parent of
the foster child's friend to act as an appropriate short-term
babysitter for the child without the friend being present.
(C) Individuals who are engaged by any licensed or certified
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 client's 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 applies:
(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 any 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 client's 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) Nothing in this subdivision shall 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) 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 and
shall sign a declaration under penalty of perjury regarding any prior
criminal convictions. 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 licensee's 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.
(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
for 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 individual's 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, 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 person'
s 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 a minor traffic violation,
the licensee shall, upon notification by the State Department of
Social Services, act immediately to either (A) terminate the person's
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 licensee's failure to
comply with the department's 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 person's 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 his or
her 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 person's
employment or removes the person from the facility after receiving
notice from the department pursuant to paragraph (3).
(d) (1) Before issuing a license or certificate of approval to any
person or persons to operate a foster family home or certified
family home as described in Section 1506, 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 a minor traffic violation or arrested
for any crime specified in subdivision (c) of Section 290 of the
Penal Code, for violating Section 245 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 any crime for which the department
cannot grant an exemption if the person was convicted and the person
has not been exonerated. The State Department of Social Services or
other approving authority shall not issue a license or certificate of
approval to any foster family home or certified family home
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 applicant's home unfit as a foster family home or a
certified family home, the license, special permit, or certificate of
approval 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 a
minor traffic violation, the State Department of Social Services or
other approving authority may cease processing the application 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 agency.
(D) To the same extent required for federal funding, an applicant
for a foster family home license or for certification as a family
home, and any other 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, any 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 or certification, 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 or certified 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 licensee's or
a foster family agency's 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 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 a minor traffic violation, the application shall be denied,
unless the director grants an exemption from disqualification
pursuant to subdivision (g).
(8) If the State Department of Social Services finds after
licensure or the granting of the certificate of approval that the
licensee, certified foster parent, or any other person specified in
subdivision (b) who is not exempt from fingerprinting, has been
convicted of a crime other than a minor traffic violation, the
license or certificate of approval may be revoked by the department
or the foster family agency, whichever is applicable, unless the
director grants an exemption from disqualification pursuant to
subdivision (g). A licensee's failure to comply with the department's
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) The State Department of Social Services shall not use a record
of arrest to deny, revoke, or terminate any application, license,
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 any person who is or may become a client. The State
Department of Social Services is authorized to obtain any 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 section or any other provision 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 his or her 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
section or any other provision 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 section
or any other provision 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 section or any other provision 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) After review of the record, the director 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 director has substantial
and convincing evidence to support a reasonable belief that the
applicant and the person convicted of the crime, if other than the
applicant, are of 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 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 director 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 employee's 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. This clause shall
not apply to foster care providers, including relative caregivers,
nonrelated extended family members, or any other person specified in
subdivision (b), in those homes where the individual has been
convicted of an offense described in paragraph (1) of subdivision (c)
of Section 667.5 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) Under no circumstances shall an exemption be granted pursuant
to this subdivision to any foster care provider 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 subparagraph (B).
(ii) A felony conviction, within the last five years, for physical
assault, battery, or a drug- or alcohol-related offense.
(iii) This subparagraph shall not apply to licenses or approvals
wherein a caregiver was granted an exemption to a criminal conviction
described in clause (i) or (ii) prior to the enactment of this
subparagraph.
(iv) This subparagraph 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.).
(2) The department shall not prohibit a person from being employed
or having contact with clients in a facility on the basis of a
denied criminal record exemption request or arrest information unless
the department complies with the requirements of Section 1558.
(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 in writing to the State Department of Social
Services, and shall include a copy of the person's driver's license
or valid identification card issued by the Department of Motor
Vehicles, or a valid photo identification issued by another state or
the United States government if the person is not a California
resident. Upon request of the licensee, who shall enclose a
self-addressed envelope for this purpose, 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) The following shall apply to a criminal record clearance or
exemption from the department or a county office with
department-delegated licensing authority:
(A) A county office with department-delegated licensing authority
may accept a clearance or exemption from the department.
(B) The department may accept a clearance or exemption from any
county office with department-delegated licensing authority.
(C) A county office with department-delegated licensing authority
may accept a clearance or exemption from any other county office with
department-delegated licensing authority.
(4) With respect to notifications issued by the Department of
Justice pursuant to Section 11105.2 of the Penal Code concerning an
individual whose criminal record clearance was originally processed
by the department 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 office with department-delegated licensing
authority 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 county's 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.
(5) (A) A county child welfare agency with authority to secure
clearances pursuant to Section 16504.5 of the Welfare and
Institutions Code and to grant exemptions pursuant to Section 361.4
of the Welfare and Institutions Code may accept a clearance or
exemption from another county with criminal record and exemption
authority pursuant to these sections.
(B) With respect to notifications issued by the Department of
Justice pursuant to Section 11105.2 of the Penal Code concerning an
individual whose criminal record clearance was originally processed
by a county child welfare agency with criminal record clearance and
exemption authority, the Department of Justice shall process a
request from a county child welfare agency with criminal record and
exemption authority 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 State
Department of Social Services and the Department of Justice.
(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 state 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.
(l) Amendments to this section made in the 1999 portion of the
1999-2000 Regular Session shall be implemented commencing 60 days
after the effective date of the act amending this section in the 1999
portion of the 1999-2000 Regular Session, except that those
provisions for the submission of fingerprints for searching the
records of the Federal Bureau of Investigation shall be implemented
90 days after the effective date of that act.
1522.01. (a) Any person required to be registered as a sex offender
under Section 290 of the Penal Code shall disclose this fact to the
licensee of a community care facility before becoming a client of
that facility. A community care facility client who fails to disclose
to the licensee his or her status as a registered sex offender shall
be guilty of a misdemeanor punishable pursuant to subdivision (a) of
Section 1540. The community care facility licensee shall not be
liable if the client who is required to register as a sex offender
fails to disclose this fact to the community care facility licensee.
However, this immunity does not apply if the community care facility
licensee knew that the client was required to register as a sex
offender.
(b) Any person or persons operating, pursuant to this chapter, a
community care facility that accepts as a client an individual who is
required to be registered as a sex offender under Section 290 of the
Penal Code shall confirm or deny whether any client of the facility
is a registered sex offender in response to any person who inquires
whether any client of the facility is a registered sex offender and
who meets any of the following criteria:
(1) The person is the parent, family member, or guardian of a
child residing within a one-mile radius of the facility.
(2) The person occupies a personal residence within a one-mile
radius of the facility.
(3) The person operates a business within a one-mile radius of the
facility.
(4) The person is currently a client within the facility or a
family member of a client within the facility.
(5) The person is applying for placement in the facility, or
placement of a family member in the facility.
(6) The person is arranging for a client to be placed in the
facility.
(7) The person is a law enforcement officer.
If the community care facility licensee indicates a client is a
registered sex offender, the interested person may describe physical
characteristics of a client and t
