DOJ "Custodian of Records" Requirement

8/18/11CALA has just confirmed with the California Department of Justice (DOJ) that the new "custodian of records" requirement was inappropriately applied to RCFEs (and other community care licensees). DOJ is no longer requiring licensees to designate a "custodian of records" and undergo redundant background checks.

CALA informed DSS when DOJ began imposing this requirement on licensees and we went on to build a coalition to fight the implementation. The DOJ criminal information and analysis bureau provides valuable protections for employers, workers and care recipients. CALA is pleased we were able to raise concerns with the implementation of this program and successfully resolve them as quickly as possible. We expect a letter from DOJ in the next couple weeks confirming this decision. (This letter has been received. Read it here.) In the meantime, licensees should not receive any more orders from DOJ to subject employees to an additional "custodian of records" background check. If you do receive instructions to comply, hold off and call CALA.

The following information was accurate prior to August 2011. Please see the above information for the most recent developments.The Department of Justice (DOJ) is requiring all entities that receive any criminal history information, including a notice of "no record," to designate a "custodian of records" (COR) and have that individual fingerprinted and cleared through a separate process from the clearance used for employment.

DOJ is now noticing RCFEs and other entities that they must comply with this requirement. CALA urges members to make responding to such a notice a priority. Details of how to comply are available from the DOJ website at http://ag.ca.gov/fingerprints/custodian.php.

CALA is questioning this interpretation and working with DSS and DOJ to get clarification. Since the DSS clearance that all RCFE employees currently undergo appears to be set to a higher standard than the COR clearance, it isn't clear what value or additional protection this new clearance provides.

CALA will keep members informed as additional clarification comes available. If you have any questions, please email Heather Harrison.