California Penal Code

§ 11105.08

PEN § 11105.08 Effective Jan 1, 2022Title 1 · Part 4 · Ch. 1 · Art. 3

Statute text

(a)Notwithstanding any other law, a tribe or tribal organization may request from the Department of Justice state and federal summary criminal history information for the purpose of licensing or approving a tribally approved home, as defined in subdivision (r) of Section 224.1 of the Welfare and Institutions Code, for the placement of an Indian child into foster or adoptive care.

(b)A tribe or tribal organization shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice of an individual applying with the tribe or tribal organization as a prospective foster parent or adoptive parent, any adult who resides or is employed in the home of an applicant, any person who has a familial or intimate relationship with any person living in the home of an applicant, or employee of the child welfare agency who may have contact with a child, for the purposes of obtaining the individual’s full criminal record pursuant to Section 8712 of the Family Code.

(c)Upon receipt of a tribe’s or tribal organization’s request for federal summary criminal history information received pursuant to this section, the Department of Justice shall transmit the request to the Federal Bureau of Investigation. The Department of Justice shall review the information returned from the Federal Bureau of Investigation and compile and disseminate a response to the requesting tribe or tribal organization.

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Legislative history

Amended by Stats. 2021, Ch. 288, Sec. 1. (AB 1283) Effective January 1, 2022.