Cal. Penal Code § 11105.3

(a) (1) For the purposes of implementing the provisions of the National Child Protection Act, of 1993, as amended by the Volunteers for Children Act, the department shall develop the California Volunteer and Employee Criminal History Service Program pursuant to this section. (2) Notwithstanding any other law, a qualified entity may require a covered individual to undergo a fingerprint-based state and national criminal history background check. (3) The qualified entity shall submit to the department fingerprint images and related information for covered individuals who are subject to a state and national criminal history background check pursuant to subdivision (u) of Section 11105. The department shall provide a state or federal response pursuant to subdivision (n) of Section 11105, except as otherwise specified. (4) A qualified entity shall request from the department subsequent notification service for covered individuals, pursuant to Section 11105.2. (b) (1) The department shall not require the applicant’s residence address for any request for records pursuant to subdivision (a). The department may charge a fee for the actual cost of processing the request. A fee shall not be charged to a nonprofit organization for requesting the state records of a covered individual pursuant to this section. (2) The following procedures are established under this section: (A) The department, upon receipt of a background check report lacking disposition data, shall conduct research in whatever recordkeeping systems are available in order to obtain complete data. (B) A qualified entity shall register with the department before submitting a request for screening under this section. Each such request shall be voluntary. As a part of the registration, the qualified entity shall agree to comply with state and federal law and shall so indicate by signing an agreement approved by the department. The department may periodically audit qualified entities to ensure compliance with federal and state laws and regulations. (C) The qualified entity shall maintain a waiver signed by the covered individual allowing the release of the state- and federal-level criminal history information to the qualified entity. (D) The federal-level criminal history information is available to qualified entities to use only for the purpose of screening covered individuals. The department shall provide this federal criminal history record information directly to the qualified entity as authorized by the written waiver required pursuant to subparagraph (C) for submission of a request to the department. (E) The determination of whether the criminal history record shows that the covered individual has been convicted of, or is under pending indictment for, any crime that bears upon the fitness of the covered individual to have responsibility for the safety and well-being of children, the elderly, or individuals with disabilities shall solely be made by the qualified entity. This section does not require the department to make that determination on behalf of a qualified entity. (F) The qualified entity shall notify the person in writing of their right to obtain a copy of any background screening report, including the criminal history records, if any, contained in the report, to challenge the accuracy and completeness of any information contained in any such report, and to obtain a determination as to the validity of such challenge before a final determination regarding the person is made by the qualified entity reviewing the criminal history information. (c) This section does not supersede any law requiring criminal record access or dissemination of criminal history information. In any conflict with another statute, dissemination of criminal history information shall be pursuant to the mandatory statute. This subdivision applies to, but is not limited to, requirements pursuant to Article 1 (commencing with Section 1500) of Chapter 3 of, and Chapter 3.2 (commencing with Section 1569) and Chapter 3.4 (commencing with Section 1596.70) of, Division 2 of, and Section 1522 of, the Health and Safety Code, and Sections 8712, 8811, and 8908 of the Family Code, and Section 16519.5 of the Welfare and Institutions Code. (d) The department may adopt regulations to implement the provisions of this section as necessary. (e) As used in this section, the following terms have the following meanings: (1) “Care” means the provision of services, treatment, education, training, instruction, supervision, or recreation to children, the elderly, or an individual with a disability. (2) “Child” means a person under 18 years of age. (3) “Covered individual” means a person who has or may have access to a person served by a qualified entity and who meets one of the following criteria: (A) Is a current or prospective volunteer of a qualified entity. (B) Is a current or prospective employee, owner, or administrator of a qualified entity. (4) “Elderly” means a person 60 years of age or older. (5) “Employee” means every person in the service of a qualified entity under any appointment or contract of hire or apprenticeship, express or implied, oral or written. (6) “Individual with a disability” means a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of a physical or mental impairment, or a person who is perceived by others as having a physical or mental impairment. (7) “Qualified entity” means a business or organization, whether public, private, for profit, not for profit, or voluntary, that provides care or licenses, certifies, or places others to provide care. (8) “Volunteer” means an individual who performs work without promise, expectation, or receipt of any compensation for any work performed. (f) Criminal history information obtained pursuant to this section is confidential and a recipient shall not disclose its contents other than for the purpose for which it was acquired.