CMS-07-021/023 - Los Angeles County Department of Children and ...

EXHIBIT F
Services to establish and implement an automated live-scan processing system for
fingerprints in the district offices of the Community Care Licensing Division of the State
Department of Social Services by July 1, 1999. These live-scan processing units shall
be connected to the main system at the Department of Justice by July 1, 1999, and
shall become part of that department's pilot project in accordance with its long-range
plan. The State Department of Social Services may charge a fee for the costs of
processing a set of live-scan fingerprints.
(2) The Department of Justice shall provide a report to the Senate and Assembly
fiscal committees, the Assembly Human Services Committee, and to the Senate Health
and Human Services Committee by April 15, 1999, regarding the completion of
backlogged criminal record clearance requests for all facilities licensed by the State
Department of Social Services and the progress on implementing the automated livescan
processing system in the two district offices pursuant to paragraph (1).
(l) Amendments to this section made in the 1999 portion of the 1999-2000 Regular
Session shall be implemented commencing 60 days after the effective date of the act
amending this section in the 1999 portion of the 1999-2000 Regular Session, except
that those provisions for the submission of fingerprints for searching the records of the
Federal Bureau of Investigation shall be implemented 90 days after the effective date of
that act. 1522.01.
(a) Any person required to be registered as a sex offender under Section 290 of the
Penal Code shall disclose this fact to the licensee of a community care facility before
becoming a client of that facility. A community care facility client who fails to disclose to
the licensee his or her status as a registered sex offender shall be guilty of a
misdemeanor punishable pursuant to subdivision (a) of Section 1540. The community
care facility licensee shall not be liable if the client who is required to register as a sex
offender fails to disclose this fact to the community care facility licensee. However, this
immunity does not apply if the community care facility licensee knew that the client was
required to register as a sex offender.
(b) Any person or persons operating, pursuant to this chapter, a community care
facility that accepts as a client an individual who is required to be registered as a sex
offender under Section 290 of the Penal Code shall confirm or deny whether any client
of the facility is a registered sex offender in response to any person who inquires
whether any client of the facility is a registered sex offender and who meets any of the
following criteria:
(1) The person is the parent, family member, or guardian of a child residing within a
one-mile radius of the facility.
(2) The person occupies a personal residence within a one-mile radius of the facility.
(3) The person operates a business within a one-mile radius of the facility.
(4) The person is currently a client within the facility or a family member of a client
within the facility.
(5) The person is applying for placement in the facility, or placement of a family
member in the facility.
(6) The person is arranging for a client to be placed in the facility.
(7) The person is a law enforcement officer.
If the community care facility licensee indicates a client is a registered sex offender,
the interested person may describe physical characteristics of a client and the facility