(a)  (1)  If the department finds that the trustline applicant has been convicted of a crime, other than a minor traffic violation, the department shall deny the application, unless the department grants an exemption pursuant to subdivision (f) of Section 1596.871.

(2)  If the department finds that the trustline applicant has an arrest as described in subdivision (a) of Section 1596.871, the department may deny the application if the trustline applicant may pose a risk to the health and safety of any person who is or may become a client and the department complies with subdivision (e) of Section 1596.871.

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Terms Used In California Health and Safety Code 1596.607

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Arrest: Taking physical custody of a person by lawful authority.
  • County: includes city and county. See California Health and Safety Code 14
  • 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

(3)  The department shall comply with the requirements of Section 1596.877 and may deny the application of a trustline applicant for substantiated child abuse that may pose a threat to the health and safety of any person who is or may become a client.

(4)  The department may deny the application for registration of the trustline applicant if it discovers that the department or a county had previously revoked or rescinded a license or certificate to be a certified family home or resource family held by the trustline applicant or excluded the trustline applicant from a licensed facility, certified family home, or resource family home.

(5)  The department may deny the application for registration of the trustline applicant if it discovers that the department or a county had previously denied the trustline applicant’s application for a license from the department or certificate to be a certified family home or resource family.

(b)  (1)  If, the department denies registration pursuant to subdivision (a), it shall advise the provider of the right to appeal. The provider shall have 15 days to appeal the denial.

(2)  Upon receipt by the department of the appeal, the appeal shall be set for hearing. The hearing shall be conducted in accordance with Section 1596.887.

(Amended by Stats. 2017, Ch. 732, Sec. 37. (AB 404) Effective January 1, 2018.)