Section 11105.08 Of Article 3. Criminal Identification And Statistics From California Penal Code >> Title 1. >> Part 4. >> Chapter 1. >> Article 3.
11105.08
. (a) Notwithstanding any other law, a tribal agency may
request from the Department of Justice state and federal level
summary criminal history information for the purpose of approving a
tribal home for the placement of an Indian child into foster or
adoptive care.
(b) A tribal agency shall submit to the Department of Justice
fingerprint images and related information required by the Department
of Justice of an individual applying with the tribal agency as a
prospective foster parent or adoptive parent, any adult who resides
or is employed in the home of an applicant, any person who has a
familial or intimate relationship with any person living in the home
of an applicant, or employee of the child welfare agency who may have
contact with a child, for the purposes of obtaining information as
to the existence and content of a record of state or federal
convictions and state or federal arrests and also information as to
the existence and content of a record of state or federal arrests for
which the Department of Justice establishes that the person is
released on bail or on his or her own recognizance pending trial or
appeal.
(c) Upon receipt of a request for federal summary criminal history
information received pursuant to this section, the Department of
Justice shall forward the request to the Federal Bureau of
Investigation. The Department of Justice shall review the information
returned from the Federal Bureau of Investigation and compile and
disseminate a response to the requesting tribal child welfare agency.
(d) The Department of Justice shall provide a state and federal
level response to a tribal child welfare agency pursuant to
subdivision (m) of Section 11105 of the Penal Code.
(e) A tribal agency shall request from the Department of Justice
subsequent notification service pursuant to Section 11105.2 of the
Penal Code for persons described in paragraph (b).
(f) The Department of Justice may charge a fee sufficient to cover
the reasonable and appropriate costs of processing the request
pursuant to this section.
(g) As used in this section a "tribal agency" means an entity
designated by a federally recognized tribe as authorized to approve a
home consistent with the federal Indian Child Welfare Act (25 U.S.C.
1903 et seq.), for the purpose of placement of an Indian child into
foster or adoptive care, including the authority to conduct a
criminal or child abuse background check of, and grant exemptions to,
an individual who is a prospective foster or adoptive parent, an
adult who resides or is employed in the home of an applicant for
approval, any person who has a familial or intimate relationship with
any person living in the home of an applicant, or an employee of a
tribal child welfare agency who may have contact with a child.