Section 86519 - Criminal Record Clearance(a) The Department shall conduct a criminal record review of all individuals specified in Health and Safety Code Section 1522(a) and (b)(1) and shall have the authority to approve or deny a crisis nursery license, or employment, residence, or presence in the crisis nursery, based upon the results of such review. (1) Volunteers in a crisis nursery shall be fingerprinted for the purpose of conducting a criminal record review as specified in Health and Safety Code Section 1526.8(b)(1).(b) Pursuant to Health and Safety Code Section 1522(b)(2) the following persons are exempt from the requirement to submit fingerprints: (1) A medical professional, as defined in Section 86501(m), who holds a valid license or certification from the individual's governing California medical care regulatory entity and who is not employed, retained, or contracted by the licensee, if all of the following apply: (A) The criminal record of the individual has been cleared as a condition of licensure or certification by the individual's California medical care regulatory entity.(B) The individual is providing time-limited specialized clinical care or services.(C) The individual is providing care or services within the individual's scope of practice.(D) The individual is not a community care facility licensee or an employee of the crisis nursery.(2) A third-party repair person, or similar retained contractor, if all of the following apply: (A) The individual is hired for a defined, time-limited job.(B) The individual is not left alone with children.(C) When children are present in the room in which the repair person 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 crisis nursery, and are in the crisis nursery at the request of that child's authorized representative. (A) The exemption shall not apply to a person who is a licensee or an employee of the crisis nursery.(4) Clergy and other spiritual caregivers who are performing services in common areas of the crisis nursery, or who are advising an individual child at the request of, or with the permission of, the child's authorized representative. (A) This exemption shall not apply to a person who is a licensee or an employee of the crisis nursery.(5) Members of fraternal, service and similar organizations who conduct group activities for children in care, if all of the following apply: (A) Members are not left alone with the children.(B) Members do not take children off the crisis nursery premises.(C) The same group does not conduct such activities more often than once a month.(6) A licensee is not prohibited from requiring a criminal record clearance of any individual exempt from the requirements to submit fingerprints, provided that the individual has contact with children in care.(c) Prior to the Department issuing a license, the applicant, administrator and any employee/volunteer of the crisis nursery shall obtain a California criminal record clearance or exemption as specified in Health and Safety Code Section 1522(a)(4).(d) All individuals subject to criminal record review shall be fingerprinted and sign a Criminal Record Statement (LIC 508 [Rev. 1/03]) under penalty of perjury and shall: (1) Declare whether he or she has been convicted of a crime, other than a minor traffic violation as specified in Section 86519(i) regardless of whether the individual was granted a pardon for the conviction, received an expungement pursuant to Penal Code Section 1203.4 or the individual's record was sealed as a result of a court order.(2) If convicted of a crime other than a minor traffic violation, provide information regarding the conviction.(3) The licensee shall submit these 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, or to comply with the requirements of Section 86519(e), prior to the individual's employment, residence, or initial presence in the crisis nursery. (A) Fingerprints shall be submitted to the California Department of Justice by the licensee, or sent by electronic transmission to the California Department of Justice by a fingerprinting entity approved by the Department.(e) All individuals subject to a criminal record review pursuant to Health and Safety Code Section 1522 shall prior to working, residing or volunteering in a licensed crisis nursery: (1) Submit a valid mailing address at which the individual shall receive communications from the Department. (A) An individual who holds a criminal record clearance or exemption shall maintain a current and valid mailing address with the Department and shall notify the Department within ten (10) days of any change in mailing address.(2) Obtain a California clearance or a criminal record exemption as required by the Department or(3) Request a transfer of a criminal record clearance as specified in Section 86519(f) or(4) Request and be approved for a transfer of a criminal record exemption, as specified in Section 86519.1(r), unless, upon request for the transfer, the Department permits the individual to be employed, reside or be present at the crisis nursery.(f) A licensee or applicant for a license may request a transfer of a criminal record clearance from one state licensed facility to another, or from TrustLine to a state licensed facility by providing the following documents to the Department: (1) A signed Criminal Background Clearance Transfer Request, LIC 9182.(2) A copy of the individual's: (B) Valid identification card issued by the Department of Motor Vehicles, or(C) Valid photo identification issued by another state or the United States government if the individual is not a California resident.(3) Any other documentation required by the Department [e.g., Criminal Record Statement -- LIC 508, which is incorporated by reference, and job description].(g) Violation of Section 86519(e) shall result in a citation of a deficiency and an immediate assessment of civil penalties of one hundred dollars ($100) per violation per day for a maximum of five (5) days by the Department. (1) Subsequent violations within a twelve (12) month period shall result in a civil penalty of one hundred dollars ($100) per violation per day for a maximum of thirty (30) days.(2) The Department may assess civil penalties for continued violations as permitted by Health and Safety Code Section 1548.(h) Violation of Section 86519(e) may result in denial of the license application or suspension or revocation of the license.(i) If the criminal record transcript of any of the individuals specified in Health and Safety Code Section 1522(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 86519.1 has not been granted, the Department shall take the following actions: (1) For initial applicants, denial of the application.(2) For current licensees, the Department may institute an administrative action, including, but not limited to, revocation of the license.(3) For current employees or volunteers, exclude the affected individual pursuant to Health and Safety Code Section 1558, and deny the application or revoke the license, if the individual continues to provide services or resides at the crisis nursery.(j) The Department shall notify the licensee and the affected individual associated with the crisis nursery, in concurrent, separate letters, that the affected individual has a criminal conviction and needs to obtain a criminal record exemption.(k) The licensee shall maintain documentation of criminal record clearances or criminal record exemptions of employees and volunteers in the individual's personnel file as required in Section 86566(a)(11). (1) Documentation shall be available for inspection by the Department as specified in Section 86566(c).(l) The Department may seek verification from a law enforcement agency or court of an individual's criminal record as reported to the Department from any member of the public or affected individual. (1) Upon obtaining confirmation from a law enforcement agency or court of the offense, the Department shall proceed as if this criminal record information was provided by the California Department of Justice.(m) An individual with arrest history described in Health and Safety Code section 1522(e), shall be notified of the following:(1) The fact of the investigation into conduct associated with arrest information regarding the subject.(2) The specific arrest(s) upon which the investigation is based.(3) The date of the arrest(s).(4) The arresting agency.(5) The disposition of the arrest, if available, as indicated on criminal history information received from DOJ.(6) The subject shall not work or reside in a licensed facility until the subject has received a criminal record clearance or exemption.(7) If the Department obtains evidence through the investigation that the subject may pose a risk to the health and safety of any person who is or may become a client, the Department may deny a criminal record clearance and/or exclude the subject.(8) The subject may provide written information the subject believes is relevant to the investigation and/or shows the subject is qualified to work in a licensed facility.(9) The subject will be notified of the Department's decision regarding whether or not to grant a clearance and of the right to appeal any such decision at that time.(n) The Department shall, in cases where the subject does not have a conviction, within 5 business days of a decision to deny a criminal record clearance based on an investigation described in subdivision (m) notify the subject of the following: (1) The Department has completed its investigation into arrest information.(2) The Department will not grant that individual a criminal record clearance.(3) The decision, if not appealed, will bar the subject from presence in a licensed facility.(4) The arrests which triggered the investigation, including the date of arrest, charges, and arresting agency.(5) The Department has determined that the subject may pose a risk to the health and safety of a person who is or may become a client.(6) The specific conduct upon which the decision is based.(7) The subject has a right to contest the decision and will receive an Accusation from the Legal Division as well as information about how to request an administrative hearing.(o) For initial applications where the subject does not have a conviction, the Accusation described in paragraph (7) of subdivision (n) shall be filed within 40 days of a decision to deny a criminal record clearance.Cal. Code Regs. Tit. 22, § 86519
1. New section filed 10-26-2006 as an emergency; operative 10-26-2006 (Register 2006, No. 43). Pursuant to Statutes 2004, chapter 664, section 11 (SB 855) this regulatory action is deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare, exempt from review by OAL. A Certificate of Compliance must be transmitted to OAL by 2-23-2007 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 2-23-2007 as an emergency; operative 2-23-2007 (Register 2007, No. 8). Pursuant to Statutes 2004, chapter 664, section 11 (SB 855) this regulatory action is deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare, exempt from review by OAL. A Certificate of Compliance must be transmitted to OAL by 6-25-2007 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 2-23-2007 order transmitted to OAL 6-25-2007 and disapproved 8-7-2007; Notice of Disapproval of Certificate of Compliance and Order of Deletion filed 8-7-2007 (Register 2007, No. 32).
4. New section refiled 8-7-2007 as an emergency; operative 8-7-2007 (Register 2007, No. 32). Pursuant to Statutes 2004, chapter 664, section 11 (SB 855) this regulatory action is deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare, and is exempt from OAL review and approval. A Certificate of Compliance must be transmitted to OAL by 12-5-2007 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 8-7-2007 order, including amendment of section, transmitted to OAL 11-21-2007 and filed 12-31-2007 (Register 2008, No. 1).
6. New subsections (e)(1)-(e)(1)(A), subsection renumbering, new subsections (m)-(o) and amendment of NOTE filed 12-15-2021; operative 4-1-2022 (Register 2021, No. 51). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.
7. Editorial correction of HISTORY 6 (Register 2022, No. 11). Note: Authority cited: Section 1530, Health and Safety Code. Reference: Section 11505, Government Code; and Sections 1503.5, 1505, 1508, 1522, 1526.8, 1531, 1533, 1538, 1540, 1540.1, 1547, 1548 and 1549, Health and Safety Code.
1. New section filed 10-26-2006 as an emergency; operative 10-26-2006 (Register 2006, No. 43). Pursuant to Statutes 2004, chapter 664, section 11 (SB 855) this regulatory action is deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare, exempt from review by OAL. A Certificate of Compliance must be transmitted to OAL by 2-23-2007 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 2-23-2007 as an emergency; operative 2-23-2007 (Register 2007, No. 8). Pursuant to Statutes 2004, chapter 664, section 11 (SB 855) this regulatory action is deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare, exempt from review by OAL. A Certificate of Compliance must be transmitted to OAL by 6-25-2007 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 2-23-2007 order transmitted to OAL 6-25-2007 and disapproved 8-7-2007; Notice of Disapproval of Certificate of Compliance and Order of Deletion filed 8-7-2007 (Register 2007, No. 32).
4. New section refiled 8-7-2007 as an emergency; operative 8-7-2007 (Register 2007, No. 32). Pursuant to Statutes 2004, chapter 664, section 11 (SB 855) this regulatory action is deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare, and is exempt from OAL review and approval. A Certificate of Compliance must be transmitted to OAL by 12-5-2007 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 8-7-2007 order, including amendment of section, transmitted to OAL 11-21-2007 and filed 12-31-2007 (Register 2008, No. 1).
6. New subsections (e)(1)-(e)(1)(A), subsection renumbering and new subsections (m)-(m)(6) filed 12-15-2021; operative 4/1/2022 (Register 2021, No. 51). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.