Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Prior to the Department issuing a license or special permit for a foster family home, the Department shall conduct a Child Abuse Central Index (CACI) review pursuant to Health and Safety Code section 1522.1 and Penal Code section 11170, subsection (b)(3). The Department shall check the CACI for the applicant(s) and all persons subject to a criminal record review, pursuant to Health and Safety Code section 1522, subsection (d) and shall have the authority to approve or deny a home license, permit, certificate, employment, residence, or presence in the home based on the results of the review.
(1) The applicant shall submit the Child Abuse Central Index Check for State Licensed Facilities (LIC 198A) for all persons required to be checked directly to the California Department of Justice at the same time that the person's fingerprints are submitted for a criminal background check as required by Section 89219, subsection (c).
(A) Persons who have submitted the Child Abuse Central Index Check for State Licensed Facilities (LIC 198A) with fingerprints on or after January 1, 1999 need not submit a new check if the person can transfer their criminal record clearance or exemption pursuant to Section 89219, subsection (f).
(2) The Department shall investigate any reports received from the CACI. The investigation shall include, but not be limited to, the review of the investigation report and file prepared by the child protective agency that investigated the child abuse report. The Department shall not deny a license based upon a report form the CACI unless the Department substantiates the allegation of child abuse.
(b) Subsequent to licensure, all persons subject to a criminal record review, pursuant to Health and Safety Code section 1522, subsection (b), shall complete a Child Abuse Central Index Check for State Licensed Facilities (LIC 198A), prior to employment, residence, or initial presence in the home that cares for children.
(1) The caregiver shall submit the Child Abuse Central Index Check for State Licensed Facilities (LIC 198A) directly to the California Department of Justice with the person's fingerprints as required by Section 89219, subsection (d) prior to the person's employment, residence or initial presence in the home.
(A) Persons who have submitted the Child Abuse Central Index Check for State Licensed Facilities (LIC 198A) with fingerprints on or after January 1, 1999 need not submit a new check if the person can transfer their criminal record clearance or exemption pursuant to Section 89219, subsection (f) or Section 89219.1, subsection (c).
(2) The Department shall check the CACI pursuant to Penal Code section 11170, subsection (b)(3), and shall investigate any reports received from the CACI. The investigation shall include, but not be limited to, the review of the investigation report and file prepared by the child protective agency that investigated the child abuse report. The Department shall not deny a license or take any other administrative action based upon a report from the CACI unless the Department substantiates the allegation of child abuse.
(3) The Department shall investigate any subsequent reports received from the CACI. The investigation shall include, but not be limited to, the review of the investigation report and file prepared by the child protective agency that investigated the child abuse report. The Department shall not revoke a license or take any other administrative action based upon a report from the CACI unless the Department substantiates the allegation of child abuse.
(c) A person shall be permitted to transfer a current CACI clearance from one state-licensed facility to another in the following manner:
(1) If the initial CACI (LIC 198A) was submitted prior to January 1, 1999, the person must submit a new CACI (LIC 198A) to be processed through a state licensing regional office; or
(2) If the CACI (LIC 198A) was submitted after January 1, 1999 the person's CACI clearance will be transferred along with the transfer of either the criminal record clearance or exemption in accordance with Sections 89219, Criminal Record Clearance, or 89219.1, Criminal Record Exemptions.
1. Renumbering of former section 87019.2 to section 89219.2, 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 87019.2 to section 89219.2, 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 transmitted to OAL 2-25-2003 and filed 4-9-2003 (Register 2003, No. 15).
4. Amendment 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: Sections 1501, 1501.1, 1520, 1522, 1522.01, 1522.1, 1524, 1531, 1558 and 14564, Health and Safety Code; and Section 11170, Penal Code.
