An act to amend Section 1522.1 of the Health and Safety Code, relating to health and care facilities.
Summary
AB 276 would amend the background-check rules for certain California community care facilities, including facilities eligible to accept dependent children. Under current law, when a licensee or associated individual has lived in another state within the prior five years, the Department of Social Services must check that state’s child abuse and neglect registry before approval. This bill would allow a licensee to approve an individual to care for children before the out-of-state registry check is finished, so long as the request has already been submitted and the applicant has cleared the other required checks, including DOJ, FBI, and the California Child Abuse Central Index.
The bill also requires that the applicant have no unsupervised contact with residents or clients until the out-of-state check is complete, and it allows supervised work in the facility during that interim period. If the out-of-state registry later reveals disqualifying information, the licensee must immediately remove the applicant and notify the department within three business days. The measure is framed as an amendment to Health and Safety Code Section 1522.1 and includes a no-reimbursement clause tied to the bill’s criminal-penalty implications.
Impact
AB 276 would modify the licensing and approval process for community care facilities under the California Community Care Facilities Act by creating a conditional pathway to begin work before an out-of-state child abuse and neglect registry check is completed. It would not eliminate the registry check requirement, but it would change the timing of when a facility may place an applicant in a supervised role and would add a new removal-and-notification obligation if disqualifying information is later received. The bill also states that violations may expand the scope of a crime, while asserting that no state reimbursement is required for local agencies or school districts.
Sentiment
The available voting history suggests broad committee support for the bill, with unanimous do-pass votes in both recorded committee actions (6-0 and 9-0). No committee transcript is available, so there is no direct record of debate or public testimony in the provided materials. Based on the votes and the bill’s progression to the Appropriations Committee with a recommendation to the consent calendar, the overall sentiment appears favorable and relatively noncontroversial at the committee stage.
Contention
The main policy tension in AB 276 is between child-safety screening and staffing flexibility. Supporters of the bill appear to favor allowing facilities to hire or place otherwise-cleared applicants sooner, likely to reduce delays caused by slow interstate registry responses and staffing shortages. The countervailing concern is that permitting work before the out-of-state check is complete could create a window in which a potentially disqualifying applicant has supervised access to children or vulnerable residents. The bill addresses that concern by prohibiting unsupervised contact and requiring immediate removal if disqualifying information is later found, but the text provided does not show any recorded opposition or specific objections from stakeholders.