California Health and Safety Code 1522.7 – (a) This section shall not apply to individuals who are subject …
(a) This section shall not apply to individuals who are subject to paragraph (2) of subdivision (g) of Section 1522.
(b) The criteria described in this section shall apply to a person subject to the criminal record clearance provisions of Section 1522, Section 1568.09, Section 1569.17, or Section 1596.871.
Terms Used In California Health and Safety Code 1522.7
- Community care facility: means any facility, place, or building that is maintained and operated to provide nonmedical residential care, day treatment, adult daycare, or foster family agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children, and includes the following:
California Health and Safety Code 1502
- Conviction: A judgement of guilt against a criminal defendant.
- department: means State Department of Health Services. See California Health and Safety Code 20
- Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Health and Safety Code 19
(c) The department may grant a simplified criminal record exemption if an individual meets all of the following criteria:
(1) The individual has not been convicted of a violent crime.
(2) The individual has not been convicted of a crime within the last five years.
(3) The individual has not been convicted of a felony within the last 10 years.
(4) The individual has five or fewer misdemeanor convictions.
(5) The individual has no more than one felony conviction.
(6) The individual has not been convicted of a crime for which the department is prohibited from granting an exemption.
(d) The department may require, in its discretion, an individual who is otherwise eligible for a simplified exemption pursuant to this subdivision to complete the standard exemption process if the department determines completing the standard exemption process will protect the health and safety of any person who is a client of a community care facility.
(e) A simplified criminal record exemption granted pursuant to this section does not relieve the person from compliance with other applicable background check provisions.
(f) For purposes of this section “simplified exemption” means an exemption issued on the department’s own motion pursuant to paragraph (4) of subdivision (c) of Section 1522.
(Added by Stats. 2022, Ch. 581, Sec. 2. (AB 1720) Effective January 1, 2023.)