Community care facilities: background checks.

Plain English Breakdown

The bill summary does not explicitly state that violating the requirements makes it a crime, though it implies an expansion of existing criminal provisions.

Background Checks for Community Care Facilities

AB-1989 allows community care facilities to approve individuals to care for children before receiving background check results from another state, under certain conditions.

What This Bill Does

• Allows a licensee of a community care facility to approve an individual to care for children before the completion of another state’s child abuse and neglect registry check if certain specified conditions are met.
• Requires the licensee to remove an applicant immediately upon receipt of information that would disqualify the applicant from approval.
• Requires the licensee to notify the State Department of Social Services within 3 business days when an applicant is removed due to disqualifying information.

Who It Names or Affects

• Community care facilities in California
• Individuals applying to work at community care facilities

Terms To Know

community care facility

A place that provides care for people who need help with daily living, like foster family homes.

background check

An investigation to find out if someone has a criminal record or history of abuse.

Limits and Unknowns

• The bill does not specify what happens after the background checks are completed.
• It is unclear how this change will affect current processes and timelines for hiring staff at community care facilities.

Official Summary Text

AB 1989, as introduced, Tangipa.
Community care facilities: background checks.
Existing law, the California Community Care Facilities Act, provides for the licensure and regulation of community care facilities, including foster family homes and foster family agencies, by the State Department of Social Services. Existing law requires a criminal record check of applicants for a license, special permit, or certificate of approval for a foster family home or certified family home, and other persons, including nonclients who reside in those homes and staff and employees. Existing law requires the department to check the child abuse and neglect registry of a different state for a licensee of a community care facility, or any specified associated individual, who has lived in another state in the preceding 5 years. Existing law generally makes violations of these requirements a crime.
This bill would authorize a licensee of a
community care facility to approve an individual to care for children before the completion of another state’s child abuse and neglect registry check if certain specified conditions are met, including that the community care facility has submitted a request for the out-of-state abuse and neglect registry check to the department. The bill would require a licensee to remove an applicant from the community care facility immediately upon receipt of information that would disqualify the applicant from approval and notify the department of the removal within 3 business days. By expanding the scope of a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement
is required by this act for a specified reason.

Current Bill Text

Download Bill PDF