Section 11170.5 Of Article 2.5. Child Abuse And Neglect Reporting Act From California Penal Code >> Title 1. >> Part 4. >> Chapter 2. >> Article 2.5.
11170.5
. (a) Notwithstanding paragraph (4) of subdivision (b) of
Section 11170, the Department of Justice shall make available to a
licensed adoption agency, as defined in Section 8530 of the Family
Code, information regarding a known or suspected child abuser
maintained in the Child Abuse Central Index, pursuant to subdivision
(a) of Section 11170, concerning any person who has submitted to the
agency an application for adoption.
(b) A licensed adoption agency, to which disclosure of any
information pursuant to subdivision (a) is authorized, is responsible
for obtaining the original investigative report from the reporting
agency, and for drawing independent conclusions regarding the quality
of the evidence disclosed and the sufficiency of the evidence for
making decisions when evaluating an application for adoption.
(c) Whenever information contained in the Department of Justice
files is furnished as the result of an application for adoption
pursuant to subdivision (a), the Department of Justice may charge the
agency making the request a fee. The fee shall not exceed the
reasonable costs to the department of providing the information. The
only increase shall be at a rate not to exceed the legislatively
approved cost-of-living adjustment for the department. In no case
shall the fee exceed fifteen dollars ($15).
All moneys received by the department pursuant to this subdivision
shall be deposited in the Department of Justice Sexual Habitual
Offender Fund pursuant to subparagraph (C) of paragraph (9) of
subdivision (b) of Section 11170.