§ 35184. Criminal Background Check of Applicants.
22 CA ADC § 35184Barclays Official California Code of Regulations
Barclays California Code of Regulations
Title 22. Social Security
Division 2. Department of Social Services--Department of Health Services
Part 2. Health and Welfare Agency--Department of Health Services Regulations
Subdivision 4. Institutions and Boarding Homes for Persons Aged 16 and Above
Chapter 3. Adoptions Program Regulations [Renumbered] (Refs & Annos)
Subchapter 5. Procedures for Agency Adoptions
Article 11. Assessment of the Applicant
22 CCR § 35184
§ 35184. Criminal Background Check of Applicants.
(a) The agency shall complete a criminal record check of all applicants and any other adults residing in the home to obtain the full state and federal criminal record history from the Department of Justice (DOJ) pursuant to Family Code Section 8712. An investigation of the facts regarding prior arrests or convictions may lead to a denial of the adoption home study.
(d) If the criminal record of an applicant or any other person in the household indicates any conviction or arrest other than a minor traffic violation, the agency shall request the applicant or any other person in the household provide the agency with a copy of a police report for each conviction or arrest, or a letter from a law enforcement agency that the report does not exist. If the law enforcement agency will not release a crime report to the subject, the agency shall order the report. If the report is determined to be unavailable and the applicant submits evidence that the applicant is unable to obtain a letter from a law enforcement agency, the applicant shall submit a written signed statement concerning the circumstances of each conviction or arrest.
(1) Pursuant to Penal Code section 11105.2, the agency shall notify the DOJ when the adoption has been denied, dismissed, or finalized to discontinue receiving subsequent arrest information on an applicant previously fingerprinted for adoption purposes unless the applicant is being assessed or investigated by the agency for another adoption.
Credits
Note: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code; Section 1530, Health and Safety Code; and Section 8621, Family Code. Reference: Section 8712, Family Code; Section 11105.2, Penal Code; and Section 1522.1, Health and Safety Code.
History
1. New section filed 7-30-98 as an emergency; operative 8-1-98 (Register 98, No. 31). A Certificate of Compliance must be transmitted to OAL by 11-30-98 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 11-24-98 as an emergency; operative 11-29-98 (Register 98, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-29-99 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 11-24-98 order, including amendment of section, transmitted to OAL 3-25-99 and filed 5-3-99 (Register 99, No. 19).
4. Amendment of section and Note filed 6-23-2015; operative 10-1-2015 (Register 2015, No. 26).
This database is current through 6/21/24 Register 2024, No. 25.
Cal. Admin. Code tit. 22, § 35184, 22 CA ADC § 35184
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