Section 1522.1 Of Article 2. Administration From California Health And Safety Code >> Division 2. >> Chapter 3. >> Article 2.
1522.1
. (a) Prior to granting a license to, or otherwise approving,
any individual to care for or reside with children, the department
shall check the Child Abuse Central Index pursuant to paragraph (4)
of subdivision (b) of Section 11170 of the Penal Code. The Department
of Justice shall maintain and continually update an index of reports
of child abuse by providers and shall inform the department of
subsequent reports received from the Child Abuse Central Index
pursuant to Section 11170 of the Penal Code and the criminal history.
The department shall investigate any reports received from the Child
Abuse Central Index. The investigation shall include, but not be
limited to, the review of the investigation report and file prepared
by the child protective agency which investigated the child abuse
report. The department shall not deny a license based upon a report
from the Child Abuse Central Index unless child abuse or severe
neglect is substantiated.
(b) For any application received on or after January 1, 2008, if
any prospective licensed or certified foster parent, or adoptive
parent, or any person 18 years of age or older residing in their
household, has lived in another state in the preceding five years,
the licensing agency or licensed adoption agency shall check that
state's child abuse and neglect registry, in addition to checking the
Child Abuse Central Index as provided for in subdivision (a). The
department, in consultation with the County Welfare Directors
Association, shall develop and promulgate the process and criteria to
be used to review and consider other states' findings of child abuse
or neglect.
(c) If any person in the household is 18 years of age or older and
has lived in another state in the preceding five years, the
department or its designated representative shall check the other
state's child abuse and neglect registry to the same extent required
for federal funding, in addition to checking the Child Abuse Central
Index as provided for in subdivision (a), prior to granting a license
to, or otherwise approving, any foster family home, certified family
home, or person for whom an adoption home study is conducted or who
has filed to adopt.