18-09 - Assisting Department of Children and Family Services with Background Inquiries



ASSISTING DEPARTMENT OF CHILDREN AND FAMILY

SERVICES WITH BACKGROUND INQUIRIES

For the past several years, the Department of Children and Family Services (DCFS) has obtained a California Law Enforcement Telecommunications System (CLETS) background check (summary of criminal history) for an emergency placement of a child from the California Department of Justice (DOJ).  As of May 20, 2018, the DOJ has ceased taking requests from the DCFS during the hours of 0001 to 0730 and all day on Sundays and holidays.  Stations/units may begin to receive requests from DCFS for the CLETS background checks.  Station/units should consider their staffing and operational needs when a request is made and should make every effort to perform the requested check(s) in a timely fashion.

The watch commander at the station/unit should take the necessary steps to ensure the person requesting the needed information is a current employee of DCFS, and note the request, person’s information making the request, and time necessary to fill the request in the watch commander’s log.  Only requests relating to areas policed by the Sheriff’s Department, and during the above mentioned time will be considered, absent an extenuating circumstance.  If a request is received relating to an area not policed by the Sheriff’s Department, the requestor should be directed to the appropriate police agency for assistance.

The following California state laws pertain to DCFS and the release of CLETS information:

  • Penal Code section 11105(b)(18) states the DOJ may furnish state summary criminal history information, if needed in the course of their duties, to child welfare personnel;
  • Penal Code section 13300 authorizes people/groups to receive local summary criminal history information;
  • Health and Safety Code section 1522 indicates what the criminal history information includes, including the full criminal history record with the arrest information; and
  • Welfare & Institutions Code section 361.4 outlines the steps the social worker must do once they receive the CLETS record.

Information regarding the content of this newsletter may be directed to Field Operations Support Services, at [REDACTED TEXT]