Home Table of Contents

§ 56085. Fingerprints and Criminal History.

17 CA ADC § 56085BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

Barclays Official California Code of Regulations Currentness
Title 17. Public Health
Division 2. Health and Welfare Agency - Department of Developmental Services Regulations
Chapter 3. Community Services
Subchapter 4.1. Family Home Agency (FHA) Regulations
Article 5. Criminal Record Clearance
17 CCR § 56085
§ 56085. Fingerprints and Criminal History.
(a) The Department shall conduct a criminal record review of all persons specified in Welfare and Institutions Code Section 4689.2(c) and shall have the authority to approve or deny an application for vendorization as an FHA, or employment, residence, or presence in the family home based upon the results of such a review.
(1) All completed, signed and dated Department of Justice fingerprint cards (BID-7) shall be submitted directly to the Department.
(2) Fingerprint cards shall be provided by the Department.
(b) When the person who is subject to the criminal record review specified in subsection (a) has not resided continuously in California for the past two years, the criminal record review required by subsection (a) shall include criminal history record information (CHRI) maintained by the Federal Bureau of Investigation (FBI).
(c) No consumer shall move into a family home prior to compliance with Welfare and Institutions Code Section 4689.2(b).
(d) Subsequent to vendorization of the FHA, all persons subject to criminal record review pursuant to Welfare and Institutions Code Section 4689.2(c) shall, prior to employment by the FHA, or residence or initial presence in the family home, be fingerprinted and sign, under penalty of perjury, a DS 5407 (New 5/95) regarding any prior criminal convictions.
(1) The FHA shall submit fingerprint cards to the Department within four calendar days following employment, residence or initial presence in the family home.
(2) The original signed and dated DS 5407 (New 5/95) shall be retained by the FHA.
(A) A copy of the signed and dated DS 5407 (New 5/95) shall be submitted to the Department within four calendar days following the employment, residence or initial presence of the declarant in the family home.
(B) A copy of the signed and dated DS 5407 (New 5/95) shall be retained by the regional center.
(C) A copy of the signed and dated DS 5407 (New 5/95) shall be retained by the declarant.
(e) If the criminal record transcript discloses that any person specified in Welfare and Institutions Code Section 4689.2(c) has been convicted at any time of a crime, except a minor traffic violation, the Department is authorized to:
(1) For an applicant for vendorization as an FHA, deny the application for vendorization pursuant to Welfare and Institutions Code Section 4689.4.
(2) For an FHA, terminate the vendorization of the FHA.
(3) For a family home, terminate the approval of the family home.
(f) If the criminal record transcript of a current or prospective employee of the FHA discloses that a current or prospective employee of an FHA has been convicted at any time of a crime, except a minor traffic violation, the FHA, upon notification by the Department, shall act immediately to do the following:
(1) For current or prospective employees, terminate the current employee's employment or bar the prospective employee from entering the family home; or
(2) Seek an exemption pursuant to Welfare and Institutions Code Section 4689.2(f).
(g) If the criminal record transcript of any adult person, other than the consumer, residing in the family home discloses that the person has been convicted at any time of a crime, except a minor traffic violation, the FHA, upon notification by the Department, shall:
(1) Remove the consumer from the family home; or
(2) Remove the adult person from the family home; or
(3) Bar the adult person from entering the family home; or
(4) Seek an exemption for the adult person pursuant to Welfare and Institutions Code Section 4689.2(f).
(h) After a review of the criminal record transcript, the Director shall have the authority to grant an exemption from subsections (e), (f) and (g) when:
(1) The Director has substantial and convincing evidence to support a reasonable belief that the applicant for vendorization, or other person specified in Welfare and Institutions Code Section 4689.2(c), is of such good character as to justify approval of vendorization or an exemption.
(A) The Director shall have the authority to consider factors, including the following, as evidence of good character and rehabilitation:
1. The nature of the crime;
2. The period of time since the crime was committed and the number of offenses;
3. The circumstances surrounding the commission of the crime that would demonstrate the unlikelihood of repetition;
4. Activities since conviction, including employment or participation in therapy or education, that would indicate changed behavior;
5. The granting of a full and unconditional pardon by the Governor;
6. Character references; or
7. A certificate of rehabilitation from a superior court.
(2) Any person specified in Welfare and Institutions Code Section 4689.2(c) who has been rehabilitated as provided in Penal Code Section 4852.03 has maintained the conduct required in Penal Code Section 4852.05 for at least 10 years and has the recommendation of the district attorney representing the employee's county of residence.
(3) The applicant for vendorization or, other person specified in Welfare and Institutions Code Section 4689.2(c), 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.
(i) Following the receipt of all information which will enable the Director to grant or deny an exemption from subsections (e), (f) and (g), the Director shall either grant or deny the exemption within a period of time which shall not exceed 30 days.
(j) The Director shall specify, in writing, the reasons for any exemption granted.
(k) Any person specified in Welfare and Institutions Code Section 4689.2(c) shall be permitted to transfer a current criminal record clearance pursuant to subsection (b), from one FHA or family home to another as long as the criminal record clearance has been processed through the Department.
(l) Except as otherwise provided in Welfare and Institutions Code Section 4689.2(f), no exemption shall be granted if the conviction was for an offense specified in Penal Code Sections 220, 243.4, 264.1, paragraph (1) of subdivision (a) of 273a, 273d, 288, 289 or 368(a) or (b), or for another crime against an individual specified in Penal Code Section 667.5(c).
Note: Authority cited: Section 4689.1, Welfare and Institutions Code; Chapter 1095, Statutes of 1994, Section 14. Reference: Sections 4689.1, 4689.2, 4689.3, 4689.4, 4689.5, 4689.6 and 4741, Welfare and Institutions Code.
HISTORY
1. New article 5 and section filed 7-24-95 as an emergency; operative 7-24-95 (Register 95, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-21-95 or emergency language will be repealed by operation of law on the following day.
2. New article 5 and section refiled 11-14-95 as an emergency; operative 11-14-95 (Register 95, No. 46). A Certificate of Compliance must be transmitted to OAL by 3-13-96 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 7-24-95 order, including amendment of subsection (h)(1)(A)5., new subsection (i) and subsection relettering, transmitted to OAL 1-8-96 and filed 2-22-96 (Register 96, No. 8).
This database is current through 6/17/22 Register 2022, No. 24
17 CCR § 56085, 17 CA ADC § 56085
End of Document