1. (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) or (d) 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.
2. (b) If the review discloses the individual has no record of being convicted for any crimes specified in Subsections (c) or (d) 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.
3. (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 been 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.

4. (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. (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. (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. (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).

3. Change without regulatory effect amending subsections (a)-(c) filed 6-12-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 24).