Section 35270 - Criminal Background Checks(a) A licensed adoption agency shall complete a criminal background check of all applicants and any other adults residing in the home to obtain the full state criminal record from the Department of Justice (DOJ) and FBI pursuant to Family Code section 8908.(b) If the applicant or any other person in the household has resided outside of California within the preceding five years, the licensed adoption agency must perform additional child abuse registry checks.(c) The Agency shall submit one set of fingerprints (electronically or manually) for each applicant to the DOJ.1. The agency shall clearly indicate "Adoption" on the request to inform the DOJ of the purpose of the criminal record clearance.(d) The agency shall contract with the DOJ for the Subsequent Arrest Notification Service in order to receive arrest information subsequent to the original DOJ criminal record sent to the agency and pending the court order granting the completion of the adoption.(e) Pursuant to Penal Code section 11105.2 the agency shall notify the DOJ when the adoption has been finalized, denied, or dismissed to discontinue receiving subsequent arrest information on an applicant previously fingerprinted for adoption purposes unless the applicant is being assessed or investigated by the agency for another adoption.(f) In the event of subsequent adoptions, the agency shall require new sets of fingerprints and shall make new requests for state criminal records to the DOJ unless the Subsequent Arrest Notification Services is still in effect.Cal. Code Regs. Tit. 22, § 35270
1. New section filed 6-23-2015; operative 10-1-2015 (Register 2015, No. 26). Note: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code; Sections 1530 and 1522.1, Health and Safety Code; and Sections 8621 and 8901, Family Code. Reference: Sections 8901 and 8908, Family Code.
1. New section filed 6-23-2015; operative 10/1/2015 (Register 2015, No. 26).