ACL 08-46: Federal Non-Exemptible And Federal Five Year Ban Criminal Convictions (10/23/08)

This letter implements the portions of Assembly Bill (AB) 2651 (effective October 1, 2008) relating to prospective foster and certified parents, relatives and Non-relative Extended Family Members (NREFM), and those adults who are not specifically exempted from the fingerprint requirements. (Look for a a separate ACL on AB 2651’s application to prospective adoptive parents.) The bill added new non-exemptible crime categories that would prohibit licensing foster home or placing a child. (Some offenses are non-exemptable for life; some for 5 years.

These changes do not apply to licenses or approvals wherein a caregiver was granted a criminal record exemption before October 1, 2008. Existing care providers will not be required to be live scanned again at the time of the annual visit/re-approval under these amendments, as they are already subject to subsequent arrest notification provisions. However, if a new adult moves into an existing care provider’s home, that adult will be subject to these amendments. Existing care providers who move will not be affected by these amendments because an existing license, certification, or
approval may now be transferred to a new location without triggering the reevaluation of a previously granted exemption for one of these new crimes. [Download]