Health and Safety Code section 1596.607
Under Health and Safety Code section
1596.607, there are many crimes for which an applicants registration on the
TrustLine Registry may be denied. Many of the crimes for which an applicant
may be denied registration on TrustLine can be appealed and the applicant
can request an exemption.
1596.607 (a) (1) If the department finds that the TrustLine applicant has
been convicted of a crime, other than a minor traffic violation, the department
shall deny the application, unless the director grants an exemption pursuant
to subdivision (f) of section 1596.871.
(2) If the department finds that the TrustLine applicant has an arrest described in subdivision (a) of section 1596.871, the department may deny the application if the TrustLine applicant may pose a risk to the health and safety of any person who is or may become a client, and the department complies with subdivision (e) of section 1596.871.
(3) The department shall comply with the requirements of section 1596.877
and may deny the application of a TrustLine applicant for substantiated child
abuse that may pose a threat to the health and safety of any person who is
or may become a client.
(4) The department may deny the application for registration of the
TrustLine applicant if it discovers that it had previously revoked a license
or certificate to be a certified family home held by the TrustLine applicant
or excluded the TrustLine applicant from a licensed facility.
(5) The department may deny the application for registration of the TrustLine applicant if it discovers that it had previously denied the TrustLine applicants application for a license from the department or certificate of approval to be a certified family home.
(b)
(1) If the department denies registration pursuant to subdivision (a), it
shall advise the provider of the right to appeal. The provider shall have
15 days to appeal the denial.
(2) Upon receipt by the department of the appeal, the appeal shall
be set for hearing. The hearing shall be conducted in accordance with section
1596.877.
1596.608 (a) (1) The
department may revoke a providers TrustLine registration for any of the following:
(A)
Procuring TrustLine registration by fraud or misrepresentation.
(B)
Knowingly giving or making any false statement or information
in conjunction with the application for issuance of TrustLine registration.
(C)
Criminal conviction unless an exemption is granted pursuant
to section 1596.871.
(D)
Incident of child abuse or neglect or other conduct that poses
a threat to the health and safety of any person who is or may become a client.
(2) The hearing
to revoke the TrustLine registration shall be conducted in accordance with
section 1596.887.
(b) The TrustLine
providers registration shall be considered forfeited under the following
conditions:
(1)
The TrustLine provider has had a license or certificate of
approval revoked, suspended, or denied as authorized under section 1534, 1550,
1568.082, 1569.50, or 1569.885.
(2)
The TrustLine provider has been denied employment, residence,
or presence in a facility based on action resulting from an administrative
hearing pursuant to section 1558, 1568.092, 1569.58, or 1596.8897.
(3)
The TrustLine provider
fails to maintain a current mailing address with the department.
Some types of crimes are non-exemptible. These categories are outlined
below.
Revised in accordance with Senate
Bill 1992 (SB 1992) and Proposition 21.
January 2001
(1)
Penal Code sections 186.22 and 136.1 Gang Related / Intimidation of Witnesses or
Victims
(2)
Penal Code sections
187, 190 190.4, and 192(a) Any Murder / Attempted Murder / Voluntary Manslaughter
(3)
Penal Code section 203 Any Mayhem
(4)
Penal Code section 206 Torture
(5)
Penal Code sections 207, 208, 209, 209.5, 210 Kidnapping
(6)
Penal Code sections 211, 212, 212.5, 213, 214 Any Robbery
(7)
Penal Code section 215 Carjacking
(8)
Penal Code section 220 Assault with Intent to Commit Mayhem, Rape, Sodomy or Oral Copulation,
etc.
(9)
Penal Code section 243.4 Sexual Battery
(10)
Penal Code section 261(a)(1)(2)(3)(4) or (6) Rape
(11)
Penal Code section 262(a)(1) or (4) Rape of Spouse
(12)
Penal Code section 264.1 Rape in Concert
(13)
Penal Code section 266 Enticing Minor Into Prostitution
(14)
Penal Code section 266c Induce to Sexual Intercourse, etc., by Fear or Consent Through Fraud
(15)
Penal Code section 266h(b) Pimping a Minor
(16)
Penal Code section 266i(b) Pandering a Minor
(17)
Penal Code section 266j Providing a Minor Under 16 for Lewd or Lascivious Act
(18)
Penal Code section 267 Abduction for Prostitution
(19)
Penal Code section 269 Aggravated Assault of a Child
(20)
Penal Code section 272 Contributing to Delinquency of a Minor
(21)
Penal Code section 273a(a) [or 273a(1) if the conviction
was prior to January 1, 1994] Willfully
Causing or Permitting Any Child to Suffer Under Circumstances or Conditions
Likely to Produce Great Bodily Harm or Death
(22)
Penal Code section 273d Willfully Inflicting Any Cruel or Inhuman Corporal Punishment or Injury
on a Child
(23)
Penal Code section 285 Incest
(24)
Penal Code section 286 Sodomy
(25)
Penal Code section 288 Lewd or Lascivious Act Upon a Child Under 14
(26)
Penal Code section 288a Oral Copulation
(27)
Penal Code section 288.2 Felony Conviction Only for Distributing Lewd Material to Children
(28)
Penal Code section 288.5 Continuous Sexual Abuse of a Child
(29)
Penal Code section 289 Genital or Anal Penetration by Foreign Object
(30)
Penal Code section 290(a) Registering with Local Law Enforcement
(31)
Penal Code section 311.2 (b)(c) or (d) Transporting or Distributing Child Related
Pornography
(32)
Penal Code section 311.3 Sexual Exploitation of a Child
(33)
Penal Code section 311.4 Using a Minor to Assist in Making or Distributing Child Pornography
(34)
Penal Code section 311.10 Advertising or Distributing Child Pornography
(35)
Penal Code section 311.11 Possessing Child Pornography
(36)
Penal Code section314 (1) or (2) Lewd or Obscene Exposure of Private Parts
(37)
Penal Code section 347(a) Poisoning or Adulterating Food, Drink, Medicine, Pharmaceutical Products,
Spring, Well, or Reservoir
(38)
Penal Code section 368 Elder or Dependent Adult Abuse
(39)
Penal Code section 417(b) Drawing, Exhibiting, or Using Firearm or Deadly Weapon
(40)
Penal Code section 451(a)(b) Arson
(41)
Penal Code section 460(a) First Degree Burglary
(42)
Penal Code sections 186.22 and 518 Gang Related / Extortion
(43)
Penal Code sections 647.6 or prior to 1987 former section
647a Annoy, Molest Child Under 18
(44)
Penal Code section 653f(c) - Solicit Another to Commit Rape, Sodomy, etc.
(45)
Penal Code section 664/187 Any Attempted Murder
(46)
Penal Code section 667.5(c)(7) Any Felony Punishable by Death or Imprisonment in the State Prison for
Life but Not for an Indeterminate Sentence
(47)
Penal Code section 667.5(c)(8) Enhancement for Any Felony Which Inflicts Great Bodily Injury
(48)
Penal Code section 667.5(c)(13) Enhancement for Violation
of Penal Code sections 12308, 12309, 12310 Exploding or Igniting or Attempting to Explode or Ignite Any Destructive
Device or Explosive with the Intent to Commit Murder
(49)
Penal Code section 667.5(c)(14) Any Kidnapping Penal Code sections 207,
208, 209, 209.5, and 210
(50)
Penal Code section 667.5(c)(22) Any Violation of Penal
Code 12022.53 Enhancement for Listed
felonies Where Use of Firearm
(51)
Business and Professions Code section 729 Sexual Exploitation by Physicians, Surgeons,
Psychotherapists, or Alcohol and Drug Abuse Counselors
