California 2015-2016 Regular Session Status: In Committee

SB 1201 — Placement of children: criminal records check.

Last action — May 27 hearing: Held in committee and under submission.

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2015-2016 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law requires the State Department of Social Services, county adoption agency, or licensed adoption agency to require each person who files an application for adoption to be fingerprinted and to secure from an appropriate law enforcement agency a criminal records check to determine whether the person has ever been convicted of a crime other than a minor traffic violation. Existing law requires the criminal record, if any, to be taken into consideration when evaluating the prospective adoptive parent, as specified. Existing law prohibits the department, county adoption agency, or licensed adoption agency from giving final approval for an adoptive placement in a home in which the prospective adoptive parent or an adult living in the home has been convicted of a felony conviction for child abuse or neglect, spousal abuse, crimes against a child, or a crime involving violence, including rape, sexual assault, and homicide. Existing law requires the county welfare department to initiate an assessment of a relative's or nonrelative extended family member's suitability, before placing a child in that person's home, including a consideration of the results of a criminal records check, as specified. Existing law requires the court or county social worker placing a child to cause a criminal records check to be conducted whenever a child may be placed in the home of a relative, or the home of any prospective guardian or other person who is not a licensed or certified foster parent. Existing law also requires the State Department of Social Services to implement a resource family approval process, as specified, that includes a criminal records clearance of all adults residing in, or regularly present in, the home. Existing law generally prohibits a child from being placed in an adoptive or foster home if a person in the home has been convicted of certain crimes, but authorizes the Director of Social Services to grant an exemption from disqualification, allowing a child to be placed in a home despite the conviction of a person in the home for certain crimes that would make the home ineligible for the placement of the child, as specified. This bill would prohibit the department, county adoption agency, or licensed adoption agency from giving final approval for an adoptive placement in a home in which the prospective adoptive parent or an adult living in the home has been convicted of a crime that is classified as a violent felony for purposes of various provisions of the Penal Code. This bill would also prohibit a child from being placed in the home of a relative, nonrelative, foster, or resource family if the person has been convicted of a felony conviction for specified crimes, including a crime against a child, or a crime involving violence, as defined. The bill would require the county social worker and the court to consider the criminal history in determining whether the placement is in the best interests of the child if the criminal records check indicates that the person has been convicted of any other crime, as specified. The bill would also limit the exception allowing the placement of a child in a home if the director has granted an exemption, as specified. By imposing a higher level of service on county employees, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. May 27 hearing: Held in committee and under submission.

  2. Set for hearing May 27.

  3. May 23 hearing: Placed on APPR. suspense file.

  4. Set for hearing May 23.

  5. May 16 hearing postponed by committee.

  6. Set for hearing May 16.

  7. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 7. Noes 0. Page 3611.) (April 19). Re-referred to Com. on APPR.

  8. Set for hearing April 19.

  9. Re-referred to Com. on JUD.

  10. Read second time and amended. Re-referred to Com. on RLS.

  11. From committee: Do pass as amended and re-refer to Com. on RLS. (Ayes 4. Noes 0. Page 3311.) (March 29).

  12. Set for hearing March 29.

  13. Referred to Coms. on HUMAN S. and RLS.

  14. From printer. May be acted upon on or after March 20.

  15. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Mitchell · Primary
  • Cooley · Cosponsor

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on

Sponsors (1)

  • Mitchell

Co-sponsors (1)

  • Cooley

Not signed on (120)

120 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Hill — Yea
Lara — Yea
Mendoza — Yea
Nielsen — Yea
Beall — Yea
McGuire, Mike Democratic Yea

Official roll call →

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 1201 do?
Existing law requires the State Department of Social Services, county adoption agency, or licensed adoption agency to require each person who files an application for adoption to be fingerprinted and to secure from an appropriate law enforcement agency a criminal records check to determine whether the person has ever been convicted of a crime other than a minor traffic violation. Existing law requires the criminal record, if any, to be taken into consideration when evaluating the prospective adoptive parent, as specified. Existing law prohibits the department, county adoption agency, or licensed adoption agency from giving final approval for an adoptive placement in a home in which the prospective adoptive parent or an adult living in the home has been convicted of a felony conviction for child abuse or neglect, spousal abuse, crimes against a child, or a crime involving violence, including rape, sexual assault, and homicide. Existing law requires the county welfare department to initiate an assessment of a relative's or nonrelative extended family member's suitability, before placing a child in that person's home, including a consideration of the results of a criminal records check, as specified. Existing law requires the court or county social worker placing a child to cause a criminal records check to be conducted whenever a child may be placed in the home of a relative, or the home of any prospective guardian or other person who is not a licensed or certified foster parent. Existing law also requires the State Department of Social Services to implement a resource family approval process, as specified, that includes a criminal records clearance of all adults residing in, or regularly present in, the home. Existing law generally prohibits a child from being placed in an adoptive or foster home if a person in the home has been convicted of certain crimes, but authorizes the Director of Social Services to grant an exemption from disqualification, allowing a child to be placed in a home despite the conviction of a person in the home for certain crimes that would make the home ineligible for the placement of the child, as specified. This bill would prohibit the department, county adoption agency, or licensed adoption agency from giving final approval for an adoptive placement in a home in which the prospective adoptive parent or an adult living in the home has been convicted of a crime that is classified as a violent felony for purposes of various provisions of the Penal Code. This bill would also prohibit a child from being placed in the home of a relative, nonrelative, foster, or resource family if the person has been convicted of a felony conviction for specified crimes, including a crime against a child, or a crime involving violence, as defined. The bill would require the county social worker and the court to consider the criminal history in determining whether the placement is in the best interests of the child if the criminal records check indicates that the person has been convicted of any other crime, as specified. The bill would also limit the exception allowing the placement of a child in a home if the director has granted an exemption, as specified. By imposing a higher level of service on county employees, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Who sponsors SB 1201?
SB 1201 is sponsored by Mitchell and Cooley.
What is the current status of SB 1201?
This bill died with 2015-2016 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 1201?
Track SB 1201 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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