重点内容：背景调查

法规原文（英文）

(a) The Department shall conduct a criminal record review of all individuals specified in Health and Safety Code section 1569.17 and shall have the authority to approve or deny a facility license, or employment, residence, or presence in the facility, based upon the results of such review.Part 1, Page 81

(b) Prior to the Department issuing a license, the applicant, administrator and any adults other than a client, residing in the facility shall have a criminal record clearance or exemption.Part 1, Page 81

法规原文（英文）

(b) In addition to the applicant, the provisions of this section shall apply to criminal convictions of the following persons:Part 1, Page 82

(1)(A) Adults responsible for administration or direct supervision of staff.Part 1, Page 82

(B) Any person, other than a client, residing in the facility. Residents of unlicensed independent senior housing facilities that are located in contiguous buildings on the same property as a residential care facility for the elderly shall be exempt from these requirements.Part 1, Page 82

(C) Any person who provides client assistance in dressing, grooming, bathing, or personal hygiene.Part 1, Page 82

法规原文（英文）

(D) Any staff person, volunteer, or employee who has contact with the clients.Part 1, Page 83

(E) If the applicant is a firm, partnership, association, or corporation, the chief executive officer or other person serving in a similar capacity.Part 1, Page 83

(F) Additional officers of the governing body of the applicant or other persons with a financial interest in the applicant, as determined necessary by the department by regulation. The criteria used in the development of these regulations shall be based on the person's capability to exercise substantial influence over the operation of the facility.Part 1, Page 83

法规原文（英文）

(2) The following persons are exempt from requirements applicable under paragraph (1): (A) A spouse, relative, significant other, or close friend of the client shall be exempt if this person is visiting the client or provides direct care and supervision to that client only.Part 1, Page 83

(B) A volunteer to whom all of the following apply: (i) The volunteer is at the facility during normal waking hours. (ii) The volunteer is directly supervised by the licensee or a facility employee with a criminal record clearance or exemption. (iii) The volunteer spends no more than 16 hours per week at the facility. (iv) The volunteer does not provide clients with assistance in dressing, grooming, bathing, or personal hygiene. (v) The volunteer is not left alone with clients in care.Part 1, Page 83

(C) A third-party contractor retained by the facility if the contractor is not left alone with clients in care.Part 1, Page 83

法规原文（英文）

(F) Employees of licensed home health agencies and members of licensed hospice interdisciplinary teams who have contact with a resident of a residential care facility at the request of the resident or resident's legal decisionmaker are exempt from fingerprint and criminal background check requirements imposed by community care licensing. This exemption does not apply to a person who is a community care facility licensee or an employee of the facility.Part 1, Page 84

法规原文（英文）

(e) All individuals subject to a criminal record review pursuant to Health and Safety Code Section 1569.17(b) shall prior to working, residing or volunteering in a licensed facility:Part 1, Page 87

(1) Submit a valid mailing address at which the individual shall receive communications from the Department. (A) An individual who holds a criminal record clearance or exemption shall maintain a current and valid mailing address with the Department and shall notify the Department within ten (10) days of any change in mailing address.Part 1, Page 87

(2) Obtain a California clearance or a criminal record exemption as required by the Department orPart 1, Page 88

(3) Request a transfer of a criminal record clearance as specified in Section 87355(c) orPart 1, Page 88

(4) Request and be approved for a transfer of a criminal record exemption, as specified in Section 87356(r), unless, upon request for a transfer, the Department permits the individual to be employed, reside or be present at the facility.Part 1, Page 88

法规原文（英文）

(k) The licensee shall maintain documentation of criminal record clearances or criminal record exemptions of volunteers that require fingerprinting and non-client adults residing in the facility.Part 1, Page 90

(1) Documentation shall be available at the facility for inspection by the Department.Part 1, Page 90

法规原文（英文）

(a) The Department shall notify a licensee to act immediately to terminate the employment of, remove from the facility or bar from entering the facility any person described in Sections 87356(a)(1) through (5) below while the Department considers granting or denying an exemption. Upon notification, the licensee shall comply with the notice.Part 1, Page 90.2

(1) Any person who has been convicted of, or is awaiting trial for, a sex offense against a minor;Part 1, Page 90.2

(2) Any person who has been convicted of a felony;Part 1, Page 90.2

(3) Any person who has been convicted of an offense specified in Section 243.4, 273a, 273d, 273g, or 368 of the Penal Code or any other crime specified in Health and Safety Code Section 1569.17(c)(3);Part 1, Page 90.2

(4) Any person who has been convicted of any crime specified below: (A) Battery (B) Shooting at Inhabited DwellingPart 1, Page 90.2

(C) Corporal Injury on Spouse/Cohabitant (D) Discharging Firearm with Gross Negligence (E) Exhibiting Weapon/Firearm (F) Threat to Commit a Crime Resulting in Gross Bodily Injury or Death (G) Criminal Threat to Harm or Injure Another Person (H) Cruelty to Animals (I) Willful Harm or Injury to Child; orPart 1, Page 91

(5) Any other person ordered to be removed by the Department.Part 1, Page 91