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Section 1522.04 Of Article 2. Administration From California Health And Safety Code >> Division 2. >> Chapter 3. >> Article 2.
1522.04
. (a) The Legislature recognizes the need to generate timely
and accurate positive fingerprint identification of applicants as a
condition of issuing licenses, permits, or certificates of approval
for persons to operate or provide direct care services in a community
care facility, or a residential care facility, child day care
facility, or foster family agency, licensed by the department
pursuant to this chapter, Chapter 3.01 (commencing with Section
1568.01), Chapter 3.2 (commencing with Section 1569), Chapter 3.4
(commencing with Section 1596.70), Chapter 3.5 (commencing with
Section 1596.90), or Chapter 3.6 (commencing with Section 1597.30),
or certified family home. Therefore, the Legislature supports the use
of the fingerprint live-scan technology, as identified in the
long-range plan of the Department of Justice, for fully automating
the processing of fingerprints and other data by the year 1999,
otherwise known as the California Crime Information Intelligence
System (CAL-CII) to be used for applicant fingerprints. Therefore,
when live-scan technology is operational, individuals shall be
required to obtain either a criminal record clearance from the
Department of Justice or a criminal record exemption from the State
Department of Social Services, before their initial presence in a
community care facility. The regulations shall also cover the
submission of fingerprint information to the Federal Bureau of
Investigation.
(b) Upon implementation of an electronic fingerprinting system with terminals located statewide and managed by the Department of Justice, the Department of Justice shall ascertain the criminal history information required pursuant to subdivision (a) of Section 1522.04. If the Department of Justice cannot ascertain the information required pursuant to that subdivision within three working days, the Department of Justice shall notify the State Department of Social Services, or county licensing agencies, either by telephone and by subsequent confirmation in writing by first-class mail, or by electronic or facsimile transmission. At its discretion, the Department of Justice may forward one copy of the fingerprint cards to any other bureau of investigation it may deem necessary in order to verify any record of previous arrests or convictions of the fingerprinted individual.
(c) For purposes of this section, live-scan technology is operational when the Department of Justice and the district offices of the Community Care Licensing Division of the department live-scan sites are operational and the department is receiving 95 percent of its total responses indicating either no evidence of recorded criminal information or evidence of recorded criminal information from the Department of Justice within three business days.
(b) Upon implementation of an electronic fingerprinting system with terminals located statewide and managed by the Department of Justice, the Department of Justice shall ascertain the criminal history information required pursuant to subdivision (a) of Section 1522.04. If the Department of Justice cannot ascertain the information required pursuant to that subdivision within three working days, the Department of Justice shall notify the State Department of Social Services, or county licensing agencies, either by telephone and by subsequent confirmation in writing by first-class mail, or by electronic or facsimile transmission. At its discretion, the Department of Justice may forward one copy of the fingerprint cards to any other bureau of investigation it may deem necessary in order to verify any record of previous arrests or convictions of the fingerprinted individual.
(c) For purposes of this section, live-scan technology is operational when the Department of Justice and the district offices of the Community Care Licensing Division of the department live-scan sites are operational and the department is receiving 95 percent of its total responses indicating either no evidence of recorded criminal information or evidence of recorded criminal information from the Department of Justice within three business days.
