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Code · California · Penal Code

§ 11105.04

424 words·~2 min read·/ca/penal-code/11105-04

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A designated Court Appointed Special Advocate
(CASA)program shall submit to the Department of Justice fingerprint images and related information of employment and volunteer candidates for the purpose of conducting a state and federal criminal history background check, pursuant to subdivision
(u)of Section 11105, and obtaining information as to the existence and nature of a record of a child abuse investigation contained in the Child Abuse Central Index.
(b)When requesting state-level criminal offender record information pursuant to this section, the designated CASA program shall request a subsequent arrest notification, pursuant to Section 11105.2, for all employment and volunteer candidates.
(1)The department shall monitor the Child Abuse Central Index and notify the CASA program if a record of a child abuse investigation involving a CASA employee or volunteer is subsequently added to the Child Abuse Central Index.
(A)If a CASA program knows that an individual for whom notification is requested is no longer in a position for which notification is authorized, the CASA program shall immediately notify the department to terminate notification for that individual.
(B)The department shall terminate notification for the individual upon receipt of the notification required in subparagraph (A).
(3)Not less than every six months, a CASA program shall verify that each individual for whom notification has not been terminated is still in a position with the program for which notification is authorized.
(4)If a CASA program receives a subsequent notification for an individual unknown to the CASA program or for whom the CASA program terminated notification, it shall immediately inform the department that the individual is unknown to the CASA program or that it terminated the notification request for the individual.
(d)The department shall provide a state- and federal-level response pursuant to subdivision
(p)of Section 11105.
(1)The department shall charge a fee sufficient to cover the cost of processing the requests for federal-level criminal offender record information.
(2)The department shall not charge a fee for state-level criminal offender record information.
(3)The department may increase its fee for a CASA employment and volunteer candidate sufficient to cover the cost of processing subsequent notifications of a child abuse investigation from the Child Abuse Central Index.
(f)For purposes of this section:
(1)A designated CASA program is a local court-appointed special advocate program as described in Chapter 1 (commencing with Section 100) of Part 1 of Division 2 of the Welfare and Institutions Code.
(2)There shall be only one designated CASA program in each California county.
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