Becoming a Foster Care Parent with a Record through Juvenile Dependency Court

What is foster care?

Foster care is a system run by the California Department of Social Services (CDSS) that provides temporary homes for children who cannot live with family or a legal guardian. A child in foster care was removed from his or her home by Child Protective Services (CPS) because the child’s parents were unable, unwilling or unfit to care for the child. The goal of foster care is to reunify the child with his or her parent(s) or guardian(s) OR find another suitable permanent living arrangement. This may include an adoptive home, long-term guardianship, or living with a relative.

    For more information on adoption, see PG. 767.
    For more information on guardianship, see PG. 750.

Who can be a child’s foster parent?

To become a foster parent in California, you need to get a license from the California Department of Social Services and pass a criminal background check.[2460]

  1. 2460

    See Cal. Health & Safety Code §1522. See also “HHS06 Foster Care Criminal Background Checks,” California Performance Review (2007), available at http://cpr.ca.gov/cpr_report/Issues_and_Recommendations/Chapter_2_Health_and_Human_Services/HHS06.html (“Responses from the state must be received, identified criminal records cleared, and a Child Abuse Registry cleared before a license for the care of foster children can be issued.”).

How could my criminal record affect my ability to become a foster parent?

In October 2017, the Governor passed SB 213, a law loosening restrictions on which crimes automatically bar someone from becoming a foster parent and streamlining the process of reviewing the criminal records of people trying to become foster parents. Before this law, a person’s criminal record impacted both: (1) their ability to get the required state license from the California Department of Social Services (CDSS) to be a foster parent AND (2) the dependency court’s determination of whether allowing someone to become a foster parent is in the “best interest of the child.”[2461] Applicants with criminal records underwent a lengthy exemption process, resulting in unnecessary delays in foster placements.[2462]

Now, although you will still undergo a background check as part of your application, the exemption process is simpler and less restrictive. As a result, your past conviction(s) may not prevent you from becoming a foster parent if the Department of Social determines you have good character and are rehabilitated. The following factors will be considered when making that determination:

    The nature of the crime.
    Period of time since the crime was committed and number of offenses.
    Circumstances surrounding the commission of the crime that would demonstrate that repetition is not likely.
    Activities since conviction, including employment or participation in therapy or education, that would indicate changed behavior.
    Granting by the Governor of a full and unconditional pardon. For more information on a pardon from the Governor, see PG. 984 in the UNDERSTANDING & CLEANING UP YOUR CRIMINAL RECORD CHAPTER.
    Character references.
    A certificate of rehabilitation from a superior court. For more information on how to get a certificate of rehabilitation and what it means, see PG 980 in the UNDERSTANDING & CLEANING UP YOUR CRIMINAL RECORD CHAPTER.

Unfortunately, people with certain convictions remain unable to become foster parents under SB 213. Convictions that will automatically ban you from becoming a foster parent include:

    Murder;
    Manslaughter;
    Voluntary manslaughter;
    Kidnapping;
    Rape;
    Sexual battery; and
    All crimes requiring registration as a sex offender.[2463]
    For a full list of the convictions that will automatically bar you from becoming a foster parent, see Appendix I, on PG. 819.
    If you are unsure if your conviction will prevent you from becoming a foster parent, talk to a lawyer, Family Law/Self-Help Facilitator (see a list of local contact information in Appendix A, PG. 797), or your local county CPS agency.
  1. 2461

    See Cal. Health & Safety Code §1522. See also Cal. Fam. Code § 3041(a); Legislative Counsel’s Digest, SB 213 (Oct. 12, 2017) available at https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB213.

  2. 2462

    Sen. Holly Mitchell, “Senate Bill No. 213: Expanding Foster Child Placements” fact sheet (Feb. 2, 2017) available at https://www.cwda.org/sites/main/files/file-attachments/sb_213_-_fact_sheet.pdf.

  3. 2463

    See Cal. Health & Safety Code §1522(g)(1). For the full list of convictions that will bar you from becoming a foster parent, please see Appendix I, PG. 897 of this chapter. If you are unsure if your conviction falls under this law, please consult an attorney or your local foster care agency.

What is the background check process for potential foster parents?

In order to become a foster parent in California, you need to get a license from the California Department of Social Services (CDSS) and pass a criminal background check.[2464] Prospective foster parents, as well as anyone else who will have contact with the foster child, must provide two sets of fingerprints to the California Department of Justice (CA DOJ)—one set is to run a state record check and one set is to perform a Federal Bureau of Investigation (FBI) national check.[2465]

In addition to checking a person’s criminal history, the CA DOJ checks the Child Abuse Registry and reports to the CDSS any previous complaints for the CDSS to further investigate.[2466]

PLEASE NOTE: The same background check rules and process apply to a person living in a foster home OR providing childcare to a foster child, even if that person is not the foster parent him/herself[2467]

  1. 2464

    See Cal. Health & Safety Code §1522. See also “HHS06 Foster Care Criminal Background Checks,” California Performance Review (2007), available at http://cpr.ca.gov/cpr_report/Issues_and_Recommendations/Chapter_2_Health_and_Human_Services/HHS06.html (“Responses from the state must be received, identified criminal records cleared, and a Child Abuse Registry cleared before a license for the care of foster children can be issued.”).

  2. 2465

    See Cal. Health & Safety Code §1522(d)(4)(D) (“[A]n applicant for a foster family home license or for certification as a family home, and any other person specified in subdivision (b) who is not exempt from fingerprinting, shall submit a set of fingerprint images and related information to the Department of Justice and the Federal Bureau of Investigation, through the Department of Justice, for a state and federal level criminal offender record information search, in addition to the criminal records search required by subdivision (a).”).

  3. 2466

    See Cal. Health & Safety Code §1522.1(a) (“(a) Prior to granting a license to, or otherwise approving, any individual to care for or reside with children, the department shall check the Child Abuse Central Index pursuant to paragraph (4) of subdivision (b) of Section 11170 of the Penal Code.”).

  4. 2467

    See Cal. Health & Safety Code §1522(b)(1)(B) (This section applies to “Any person, other than a client, residing in the facility or certified family home.”).