California Code of Regulations
Title 22 - Social Security
Division 6 - Licensing of Community Care Facilities
Chapter 9.5 - Foster Family Homes
Article 2 - Administrative
Section 89219 - Criminal Record Clearance

Universal Citation: 22 CA Code of Regs 89219

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) The Department shall conduct a criminal record review of all persons specified in Health and Safety Code section 1522, subsection (b) and shall have the authority to approve or deny a foster family home license, or employment, residence, or presence in the home, based upon the results of such review.

(b) The following persons are exempt from the requirement to submit fingerprints:

(1) A medical professional, as defined by the Department in 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 caregiver, if all of the following apply:
(A) The criminal record of the person has been cleared as a condition of licensure or certification by the individual's California medical care regulatory entity.

(B) The person is providing time-limited specialized clinical care or services.

(C) The person is providing care or services within the person's scope of practice.

(D) The person is not a foster family home caregiver or an employee of the home.

(2) A third-party repair person, or similar retained contractor, if all of the following apply:
(A) The person is hired for a defined, time-limited job.

(B) The person is not left alone with a "child."

(C) When a "child" is present in the room in which the repairperson or contractor is working, a staff person who has a criminal record clearance or exemption is also present.

(3) Employees of a licensed home health agency and other members of licensed hospice interdisciplinary teams who have a contract for a "child" of the home, and are in the home at the request of the legal decision maker for a "child."
(A) The exemption shall not apply to a person who is a foster home caregiver or an employee of the home.

(4) Clergy and other spiritual caregivers who are performing services in common areas of the home, or who are advising an individual "child" at the request of, or with the permission of, the "child" or the legal decision maker for the "child."
(A) This exemption shall not apply to a person who is a foster family home caregiver or an employee of the home.

(5) Members of fraternal, service and similar organizations who conduct group activities for a "child," if all of the following apply:
(A) Members are not left alone with a "child."

(B) Members do not take a "child" from the home.

(C) The same group does not conduct such activities more often than once a month.

(6) Adult friends and family of the caregiver who come into the home to visit, for a length of time no longer than one month, provided they are not left alone with a "child."

(7) Parents of friends of a "child" when a "child" is visiting the friend's home and the friend, caregiver or both are also present.

(8) Occasional short-term babysitters.

(9) Nothing in this paragraph shall prevent a caregiver from requiring a criminal record clearance of any person exempt from the requirements of this section, provided that the person has contact with a "child."

(c) Prior to the Department issuing a license or special permit to any person or person's to operate or manage a foster family home, the applicant and any adults residing in the home shall, unless exempt under subsection (b), obtain a California criminal record clearance or exemption, and shall comply with FBI requirements as specified in Health and Safety Code section 1522, subsection (d)(4)(D).

(d) Prior to presence in the home, the persons specified in subsection (a) shall, unless exempt under subsection (b), obtain a California criminal record clearance or exemption and shall comply with FBI requirements as specified in Health and Safety Code section 1522, subsection (d)(4)(D).

(e) Prior to employment, residence or initial presence in a foster family home, all persons subject to criminal record review, in order to meet the requirements of subsections 89219(c) and (d), shall be fingerprinted and sign a declaration under penalty of perjury regarding any prior criminal convictions and arrests for any crime against a child, spousal cohabitant abuse, or for any crime for which the Department cannot grant an exemption. The declaration shall acknowledge and explain criminal convictions and arrests. The declaration shall also acknowledge that his or her continued employment, residence or presence in the home is subject to approval of the Department.

(1) A foster family home applicant/caregiver shall submit the fingerprints to the California Department of Justice along with a second set of fingerprints for the purpose of searching the records of the Federal Bureau of Investigation and shall comply with subsection (e), prior to the person's employment, residence, or initial presence in the home.
(A) Fingerprints shall be submitted to the California Department of Justice by the caregiver or sent by electronic transmission to the California Department of Justice by a fingerprinting entity approved by the Department.

(B) A caregiver's failure to submit fingerprints to the California Department of Justice or to comply with subsection (e) shall result in the citation of a deficiency and an immediate assessment of civil penalties of one hundred dollars ($100) per violation.
1. The caregiver shall then submit the fingerprints to the California Department of Justice for processing.

(C) The Department shall notify the caregiver of criminal records clearances and where there is not a clearance, the Department shall notify both the caregiver and the affected person associated with the home, in concurrent, separate letters, that the affected person has a criminal conviction and needs to obtain a criminal record exemption.

(f) To continue to be employed, reside, or be present in a home, each person shall continue to meet the requirements of subsections (c) and (d).

(g) If the criminal record transcript of any of the persons specified in Health and Safety Code section 1522, subsection (b) discloses a plea or verdict of guilty or a conviction following a plea of nolo contendere for any crime other than a minor traffic violation, for which the fine was less than $300, and an exemption pursuant to Section 89219.1, subsection (a) has not been granted, the Department shall take the following actions:

(1) For initial applicants, denial of the application.

(2) For current caregivers, the Department may institute an administrative action, including, but not limited to, revocation of the license.

(3) For other persons, exclusion of the affected person pursuant to Health and Safety Code section 1558, and denial of the application or revocation of license, if the person continues to provide service and/or reside in the home.

(h) A transfer of a criminal record clearance from one state licensed facility to another, or from TrustLine to a state licensed facility may be requested by a person or a caregiver by providing the following documents to the Department:

(1) A signed Criminal Background Clearance Transfer Request (LIC 9182).

(2) A copy of the person's valid identification, such as:
(A) California driver's license; or

(B) California identification card issued by the Department of Motor Vehicles; or

(C) Photo identification issued by another state or the United States government if the person is not a California resident.

(3) Any other documentation required by the Department (i.e., LIC 508D, Criminal Record Statement and job description).

(i) The caregiver shall maintain documentation of criminal record clearances or criminal record exemptions of employees and volunteers that require fingerprinting and non-client adults residing in the home.

(1) Documentation shall be available for inspection by the Department.

1. Renumbering of former section 87019 to section 89219, including amendment of section and NOTE, filed 6-26-2002 as an emergency; operative 7-1-2002 (Register 2002, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-29-2002 or emergency language will be repealed by operation of law on the following day.
2. Renumbering of former section 87019 to section 89219, including amendment of section and NOTE, refiled 10-28-2002 as an emergency; operative 10-29-2002 (Register 2002, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-26-2003 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-28-2002 order, including amendment of subsection (g), transmitted to OAL 2-25-2003 and filed 4-9-2003 (Register 2003, No. 15).
4. Amendment of section and NOTE filed 3-4-2010; operative 4-3-2010 (Register 2010, No. 10).

Note: Authority cited: Sections 1530, 1530.5 and 1531, Health and Safety Code; and Section 21 of Assembly Bill (AB) 1695 (Chapter 653, Statutes of 2001). Reference: Section 729, Business and Professions Code; Sections 1501.1, 1520, 1522, 1522(b)(3)(C), 1522.01, 1522.04, 1524, 1531, 1558 and 14564, Health and Safety Code; Sections 361.2(j)-(j)(1)(B) and 362.04, Welfare and Institutions Code; Section 8712, Family Code; Section 15376, Government Code; and Sections 136.1, 186.22, 187, 190-190.4, 192(a), 203, 206, 207, 208, 209, 209.5, 210, 211, 212, 212.5, 213, 214, 215, 220, 243.4, 261(a), (a)(1)-(4) or (a)(6), 262(a)(1) or (a)(4), 264.1, 266, 266c, 266h(b), 266i(b), 266j, 267, 269, 272, 273a(a) [or 273a(1) if the conviction was prior to January 1, 1994], 273d, 285, 286, 288, 288a, 288.2, 288.5(a), 289, 290(a), 311.2(b), (c) or (d), 311.3, 311.10, 311.11, 314(1) or (2), 347(a), 368(b) or (c) if after January 1, 1999, 417(b), 451(a) or (b), 460(a), 186.22, 518, 647.6 or prior to 1987 former Sections 207, 208, 209, 209.5, 210, 647a, 653f(c), 664.187, 667.5(c)(7), 667.5(c)(8), 667.5(c)(13), 667.5(c)(14), 667.5(c)(22), 12022.53, 12308, 12309 or 12310, Penal Code; and Section 42001, Vehicle Code.

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