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AB-2704 In-home supportive services: criminal background checks.(2023-2024)

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Date Published: 08/28/2024 09:00 PM
AB2704:v96#DOCUMENT

Enrolled  August 28, 2024
Passed  IN  Senate  August 26, 2024
Passed  IN  Assembly  May 23, 2024
Amended  IN  Assembly  April 25, 2024
Amended  IN  Assembly  April 02, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 2704

Introduced by Assembly Member Zbur
(Principal coauthor: Assembly Member Gipson)

February 14, 2024

An act to amend Section 12305.86 of the Welfare and Institutions Code, relating to in-home supportive services.


LEGISLATIVE COUNSEL'S DIGEST


AB 2704, Zbur. In-home supportive services: criminal background checks.
Existing law establishes the In-Home Supportive Services (IHSS) program, administered by the State Department of Social Services and counties, under which qualified aged, blind, or disabled persons are provided with supportive services in order to permit them to remain in their own homes.
Existing law requires a county to investigate the background of a person who seeks to become a supportive services provider and who is not listed on the registry of a public authority or nonprofit consortium. Existing law also requires a county, by no later than July 1, 2010, to complete a criminal background check for a provider who is providing in-home supportive services prior to October 1, 2009, and who is not listed on a public authority or nonprofit consortium registry, as a condition of the provider’s continued enrollment in the IHSS program. Existing law requires these investigations to include criminal background checks conducted by the Department of Justice, as specified. Existing law requires these background checks to be conducted at the provider’s expense.
This bill would instead prohibit a provider or a person who seeks to become a provider from being assessed a fee for any investigation or criminal background check conducted pursuant to the above-described provisions. The bill would also prohibit the Department of Justice from assessing a fee to a county to cover the cost of furnishing the criminal background checks described above. To the extent the bill would create new duties for counties for the provision of criminal background checks, the 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 12305.86 of the Welfare and Institutions Code is amended to read:

12305.86.
 (a) Effective October 1, 2009, a county shall investigate the background of a person who seeks to become a supportive services provider and who is not listed on the registry of a public authority or nonprofit consortium pursuant to Section 12301.6. This investigation shall include criminal background checks conducted by the Department of Justice pursuant to Section 15660. A provider or a person who seeks to become a provider shall not be assessed a fee for any investigation or criminal background check conducted pursuant to this subdivision or subdivision (b).
(b) No later than July 1, 2010, the county shall complete a criminal background check pursuant to subdivision (a) for a provider who is providing in-home supportive services prior to October 1, 2009, and who is not listed on a public authority or nonprofit consortium registry, as a condition of the provider’s continued enrollment in the IHSS program.
(c) (1) Upon notice from the Department of Justice that a prospective or current provider has been convicted of a criminal offense specified in Section 12305.81, the county shall deny or terminate the applicant’s request to become a provider of supportive services to any recipient of the In-Home Supportive Services program.
(2) Commencing 90 days after the effective date of the act that adds Section 12305.87, and upon notice from the Department of Justice that an applicant who is subject to the provisions of that section has been convicted of, or incarcerated following conviction for, an offense described in subdivision (b) of that section, the county shall deny the applicant’s request to become a provider of supportive services to any recipient of in-home supportive services, subject to the individual waiver and exception processes described in that section. An applicant who is denied on the basis of Section 12305.87 shall be informed by the county of the individual waiver and exception processes described in that section.
(3) Notwithstanding any other law, the county shall provide an individual with a copy of their state-level criminal offender record information search response as provided to the county by the Department of Justice if the individual has been denied eligibility to provide supportive services to any recipient of the In-Home Supportive Services program based on this information. The copy of the state-level criminal offender record information search response shall be included with the individual’s notice of denial. Along with the notice of denial, the county shall also provide information in plain language on how an individual may contest the accuracy and completeness of, and refute any erroneous or inaccurate information in, their state-level criminal offender record information search response as provided by the Department of Justice as authorized by Section 11126 of the Penal Code. The state-level criminal offender record information search response shall not be modified or altered from its form or content as provided by the Department of Justice.
(4) The department shall develop a written appeal process for the current and prospective providers who are determined ineligible to receive payment for the provision of services under the In-Home Supportive Services program. Notwithstanding any other law, the county shall provide the department with a copy of the state-level criminal offender record information search response as provided to the county by the Department of Justice for any individual who has requested an appeal based upon a denial of eligibility to provide supportive services to any recipient of the In-Home Supportive Services program pursuant to Sections 12305.81 and 12305.87. The state-level criminal offender record information search response shall not be modified or altered from its form or content as provided by the Department of Justice.
(d) Notwithstanding Section 11105 or 11123 of the Penal Code, the Department of Justice shall not assess a fee to a county to cover the cost of furnishing summary criminal history information pursuant to this section.
(e) A county authorized to secure a criminal background check clearance pursuant to this section shall accept a clearance for an individual described in subdivision (a) or (b) who has been deemed eligible by another nonprofit consortium, public authority, or county with criminal background check authority pursuant to either Section 12301.6 or this section, to receive payment for providing services pursuant to this article. Existence of a clearance shall be determined by verification through the case management, information, and payrolling system, that another county, nonprofit consortium, or public authority with criminal background check authority pursuant to Section 12301.6 or this section has deemed the current or prospective provider to be eligible to receive payment for providing services pursuant to this article.
(f) The department shall seek federal financial participation, to the extent possible, to cover any costs associated with this section.
(g) It is the intent of the Legislature to reduce barriers to becoming an IHSS provider by waiving Department of Justice background check fees to keep the total cost minimal and accessible to any person interested in becoming a provider. It is further the intent of the Legislature that vendors also make an effort to keep rolling fees accessible.

SEC. 2.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.