Welcome to the California Department of Alcohol and Drug Programs
California Code of Regulations
Title 9. Rehabilitation and Developmental Services
Division 4. Department of Alcohol and Drug Programs
Chapter 5. Licensure of Residential Alcoholism or Drug Abuse Recovery
Subchapter 4. Additional Requirements for Facilities Providing Services to Adolescents in Adult Facilities
Article 4. Criminal Records Clearance


§10624. Criminal Record Review.

(a) All individuals who have supervisory responsibility for adolescent residents or frequent or routine contact with adolescent residents of an alcoholism or drug abuse recovery or treatment facility shall be subject to a criminal record review prior to their involvement in the provision of services to adolescents. Residents shall not be required to meet the requirements of this article.
(b) The Department shall conduct a criminal record review of all persons specified in Subsection (a) of this regulation and shall have the authority to approve or deny an individual's involvement in the provision of adolescent services based upon the results of such review.

NOTE
Authority cited: Sections 11755, 11834.50 and 11835, Health and Safety Code. Reference: Section 11834.50, Health and Safety Code.

HISTORY
1. New section filed 10-23-87; operative 10-23-87 (Register 87, No. 43).

2. Amendment of subsection (d) filed 12-27-89 as an emergency; operative 1-1- 90 (Register 90, No. 1). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 5-1-90.

3. Amendment of subsection (d) refiled 4-30-90 as an emergency; operative 4-30- 90 (Register 90, No. 22). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 8-28-90.

4. Certificate of Compliance as to 4-30-90 order including amendment of NOTE transmitted to OAL 8-27-90 and filed 9-26-90 (Register 90, No. 44).

5. Repealer of section, and new subchapter 4, article 4 (sections 10624-10631) and section filed 3-18-97; operative 4-17-97 (Register 97, No. 12).




§10625. Fingerprinting.

(a) All individuals subject to criminal review shall be fingerprinted. Fingerprints shall be recorded on current Application for Employment forms [BID 7 (5/90)] designated by the California Department of Justice. The fingerprinting service utilized shall be secured by the applicant/licensee.
(b) All current processing fees required by the Department of Justice shall be submitted with completed fingerprint forms by the applicant/licensee to the Department.
(c) The quality of prints shall be reviewed by the Department prior to forwarding to the California Department of Justice for processing. The Department's quality review process shall be completed within five (5) working days from receipt of the completed fingerprint forms.
(d) The Department shall return fingerprint forms to the applicant/licensee under any one of the following conditions:
(1) The applicant/licensee fails to submit the required processing fee for each completed fingerprint form.
(2) The fingerprints fail to meet the quality standards required for processing as determined by the California Department of Justice.
(3) Fingerprint forms are incomplete.

NOTE
Authority cited: Sections 11755, 11834.50 and 11835, Health and Safety Code. Reference: Section 11834.50, Health and Safety Code.

HISTORY
1. New section filed 10-23-87; operative 10-23-87 (Register 87, No. 43).

2. Editorial correction of subsection (c)(1) (Register 95, No. 43).

3. Repealer and new section filed 3-18-97; operative 4-17-97 (Register 97, No. 12).




§10626. Review of Criminal History Summaries.

(a) Criminal history summaries shall be reviewed by the Department to determine if an individual has been convicted of any crimes specified in Subsections (c), (d), or (e) of this regulation. The Department shall complete this review process within ten (10) working days of receipt of the criminal history summary from the Department of Justice.
(b) If the review discloses the individual has no record of being convicted for any crimes specified in Subsections (c), (d), or (e) of this regulation, the Department shall approve a criminal record clearance and notify the applicant/licensee within seven (7) working days from completion of the review process.
(c) If the review discloses the individual has been convicted of or is the subject of any criminal investigation relating to any felony or a misdemeanor perpetrated against a child, the Department shall deny a criminal record clearance and so notify the applicant/licensee within seven (7) working days from completion of the review process. Conviction for any felony or misdemeanor perpetrated against a child, committed outside the State of California, shall be considered a felony or misdemeanor perpetrated against a child, for the purpose of these regulations, if such offense would have a crime if it had been committed in California. Any individual so convicted shall be permanently prohibited from participating in the provision of adolescent services.
(d) If the review discloses the individual has been convicted of any alcohol or drug-related crime, a violation of Division 10 of the Health and Safety Code which is also known as the Uniform Controlled Substances Act, the Department shall take the following action:
(1) For any felony or misdemeanor conviction, within the last three (3) years, not perpetrated against a child, the Department shall notify the individual and the applicant/licensee, within seven (7) days of completion of the review process, that the individual is prohibited from being involved in the provision of services at a facility serving adolescents.
(2) Notwithstanding Section 10626(d)(1) of this subchapter, a two year limitation shall apply to a conviction for violation of those statutes enumerated in Labor Code Section 432.8.
(3) Conviction for a violation or attempted violation of an offense committed outside the State of California shall be administered pursuant to this section if such offense would have been a crime under one of the above sections if committed in California.

NOTE
Authority cited: Sections 11755, 11834.50 and 118135, Health and Safety Code. Reference: Section 11834.50, Health and Safety Code.

HISTORY
1. New section filed 10-23-87; operative 10-23-87 (Register 87, No. 43).

2. Repealer and new section filed 3-18-97; operative 4-17-97 (Register 97, No. 12).




§10630. Monitoring of Subsequent Conviction Data.

(a) The Department shall monitor all subsequent conviction data received from the California Department of Justice for individuals with an approved or conditional criminal record clearance.
(b) Upon receipt of information that an individual participating in the provision of adolescent services has been convicted of a crime specified in Section 10626(c) or Section 10626(d) of this article, or any crime which the Department determines has direct bearing upon the individual's ability to perform her/his responsibilities in the provision of adolescent services, the Department shall notify the licensee. For crimes specified in Section 10622(e), the time limitations specified in Subsections 10626(d)(1) and (d)(2) shall apply.
(c) Upon notification that an individual has been convicted as specified in Subsection (b) of this regulation, the licensee shall terminate the individual's involvement in the provision of services to adolescents effective the date the Department's notice is received.
(1) If an individual is convicted of a crime as specified in Section 10626(c) of this article, the individual shall be permanently prohibited from participating in the provision of adolescent services in accordance with Section 10626(c) of this article.
(d) The licensee shall notify the Department in writing of any individual with an approved criminal record clearance who ceases involvement in the provision of adolescent services during the previous month by the fifteenth (15) day of the current month.

NOTE
Authority cited: Sections 11755, 11834.50 and 118135, Health and Safety Code. Reference: Section 11834.50, Health and Safety Code.

HISTORY
1. New section filed 3-18-97; operative 4-17-97 (Register 97, No. 12).




§10631. Storage of Criminal History Summaries.

All criminal history summaries are confidential and shall be stored in compliance with Article 1 (commencing with Section 700), Chapter 7, Division 1, Title 11, California Code of Regulations.

NOTE
Authority cited: Sections 11755, 11834.50 and 118135, Health and Safety Code. Reference: Section 11834.50, Health and Safety Code.

HISTORY
1. New section filed 3-18-97; operative 4-17-97 (Register 97, No. 12).