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.