Bill Text: CA SB774 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title:

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2009-08-27 - Set, second hearing. Held in committee and under submission. [SB774 Detail]

Download: California-2009-SB774-Amended.html

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BILL NUMBER: SB 774	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 14, 2009
	AMENDED IN SENATE  APRIL 2, 2009

INTRODUCED BY   Senator Ashburn

                        FEBRUARY 27, 2009

   An act to add Chapter 3.5 (commencing with Section 16250) to Part
4 of Division 9 of the Welfare and Institutions Code, relating to
children's services.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 774, as amended, Ashburn. Social workers:  background
checks.   criminal history. 
   Existing law requires the counties, with the assistance of the
State Department of Social Services, to provide child welfare
services, including emergency response, foster care placement,
adoption services, and family maintenance and reunification.
   This bill would require a county, before hiring an applicant for a
position as a county child protective service social worker who will
be assigned emergency response, family maintenance, family
reunification, permanent placement, or adoption responsibilities, to
secure from an appropriate law enforcement agency a criminal 
record   history  to determine if the applicant
has ever been convicted of  a crime other than a minor
traffic violation or arrested for  specified crimes. The
bill would prohibit the county from employing the applicant under
prescribed circumstances. The bill would allow the county to require
the applicant to pay any fees charged by the law enforcement agency
for the processing of the criminal  background check
  history  and would prohibit the county from
hiring a person who had been convicted of  a crime, other
than a minor traffic violation   specified crimes 
.
   Because this bill would require the counties to take additional
steps to hire social workers, it 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Chapter 3.5 (commencing with Section 16250) is added to
Part 4 of Division 9 of the Welfare and Institutions Code, to read:
      CHAPTER 3.5.  CHILD WELFARE EMPLOYEES


   16250.  (a) Before hiring a person for a position as a county
child protective service social worker who will be assigned emergency
response, family maintenance, family reunification, permanent
placement, or adoption responsibilities, the county shall secure from
an appropriate law enforcement agency a criminal  record
  history  to determine if the applicant has ever
been  convicted of a crime, other than a minor traffic
violation, or arrested for any crime specified in subdivision (c) of
Section 290, or for violating Section 245 or 273.5,  
convicted of a crime specified in Section 245, 273.5, or 290, 
subdivision (b) of Section 273a, or, prior to January 1, 1994,
paragraph (2) of Section 273a, of the Penal Code. The criminal
history information shall include the applicant's full criminal
record, if any, and subsequent arrest information pursuant to Section
11105.2 of the Penal Code.
   (b) The county may require the applicant to pay any fees charged
by the law enforcement agency for the processing of the criminal
 background check   history  .
   16251.  (a) If the county finds, through the criminal 
background check   history  required by Section
16250, that the applicant has been convicted of a crime  ,
other than a minor traffic violation,   specified in
subdivision (a) of Section 16250,  the applicant shall not be
hired.
   (b) If the county finds that the applicant is awaiting trial for a
crime  , other than a minor traffic violation, 
 specified in subdivision (a) of Section 16250,  the county
may cease processing the application until the conclusion of the
trial.
   (c) If the county determines, after hiring an applicant, that the
person has been convicted of a crime  other than a minor
traffic violation,   specified in subdivision (a) of
Section 16250,  the county shall terminate the employee.
   16252.  For purposes of this chapter, "conviction" means a plea or
verdict of guilty or a conviction following a plea of nolo
contendere in any court in this or another state. A conviction has
occurred when the time for appeal has elapsed, when the judgment of
conviction has been affirmed on appeal, or when an order granting
probation is made suspending the imposition of sentence,
notwithstanding a subsequent order pursuant to Sections 1203.4 and
1203.4a of the Penal Code permitting the person to withdraw his or
her plea of guilty and to enter a plea of not guilty, or setting
aside the verdict of guilty, or dismissing the accusation,
information, or indictment.
   16253.  An applicant who is denied a position pursuant to Section
16251 shall be entitled to receive a copy of the criminal 
record   history  report upon written request.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.