For any of the additional above persons who must submit to a background check and is found to have a criminal record, the social worker must request a Director's Exemption prior to placing the child in the home.
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Even if the person does not comply with fingerprinting, the completion of the Live Scan Referral shows the Department's effort in notifying that person of the requirement. Social workers use the Sheriff's Dept. Convictions for Non-Exemptible Crimes.
Criminal Protective Order vs Restraining Order: What’s the Difference?
The results of a criminal record check must be reviewed to determine if there is a history of criminal convictions. If there is a conviction, a further determination must be made as to whether the conviction is for an exemptible crime or for a non-exemptible crime under state and federal criteria. If the the individual's criminal conviction may not be exempted, the home cannot be approved while the individual resides in the home. An individual who cannot be considered for a Director's Exemption because he or she has been convicted of a crime on the state or federal non-exemptible crimes list or the federal five year ban crimes list may appeal the determination.
Upon appeal, the determination may be reviewed by a Greivance Review Agent to determine whether the crime for which the individual has been convicted meets the statutory language for a state or federal non-exemptible crime or federal five year ban crime. If an individual is found to have any misdemeanor or felony convictions for crimes that are exemptible, a Simplified Exemption or Director's Exemption must be signed, before the home can be approved and the child placed in the home. Criminal Charges with No Disposition. If the Live Scan results indicate that an individual has an arrest charge and there is no disposition, the social worker must determine if an investigation of the arrest is needed.
Court of Appeal, Second District, Division 3, California.
Based on policy and procedures approved by the Department of Justice, the social worker may discuss all convictions noted on the rap sheet with the subject. It is not necessary to obtain a Judgment of Conviction prior to this discussion. It is also permissible to show the rap sheet to the subject. If the subject is an adult living in the home, the subject's rap sheet shall not be shown to the prospective caregiver. If the subject is the caregiver, the caregiver's rap sheet shall not be shown to his or her spouse.
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CCL Manual If needing quick CLETS results for placing a child on a temporary, emergency basis, a social worker:. For continued placement of the child in the relative or caregiver home:. An urgent request for a criminal record check may be made for the fastest possible, high priority response. This may be necessary when a social worker in the field must immediately determine the appropriateness of releasing a child to a non-custodial parent or assess a relative or NREFM for an emergency, temporary placement.
To receive an urgent response, the social worker:. The social worker requests criminal background checks on relative caregivers and other adults living in the home in other states through the Santa Clara County Sheriff's Department using the Sheriff's Dept. If the social worker requests a preliminary criminal record on an individual in a relative home in another state, the social worker must follow-up to ensure that the individual is fingerprinted by Live Scan in the other state within five 5 judicial days.
Therefore, prior to requesting a criminal background check through Santa Clara County Sheriff's Department, the social worker verifies that Live Scan fingerprinting is available to the individual in the other state. Consults with County Counsel if there are questions. Reference Points. California Assembly Bill AB Sheriff's Dept. This is to ensure that filing a protective measure is as easy as possible for the victim.
In domestic violence situations, it is critical to protect yourself and your family, and also to seek out legal support. An experienced yet compassionate lawyer can assist you in navigating the legal process and ensuring that you and your family are protected. When you are looking to hire a lawyer to help with your divorce, you should consider their background, and experience in this area of law. In addition, you may want to consider asking your lawyer the following questions:. This guide was produced by Moshtael Family Law.
If you have any questions or need some guidance or further information on domestic violence matters, please contact our Orange County divorce lawyers. We offer free consultations and look forward to helping you. I reached out to him on Yelp and he answered me right away. From the moment I talked to him, he understood exactly what I wanted to accomplish. He's very He really brought it on during the hearing and far exceeded my expectations. He put me at ease and really fought for me.
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I knew I was in good hands knowing how He has always outstanding and strategic approach to the case, and can always make Domestic Violence Guide Overview Domestic violence seems like an easy enough concept to understand, but from a legal standpoint, it can be fairly complex. Restraining Orders A restraining order is a protective measure — it is a court order that can prevent your abuser from contacting you, or going near you or your child, your relatives or anyone who lives with you, or going near your pets and property.
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Law enforcement can ask a judge to issue an EPO at any time of day — meaning that when police respond to a domestic violence call, they can request an EPO right away and the judge can order the restrained party to leave the family home and stay away from children if applicable for up to 7 days.
If you are a victim of domestic violence and an EPO is issued, you will need to go to the court within 7 days and request a TRO. A TRO typically serves to protect you for 20 — 25 days, until there is a court hearing. Stay-Away Orders: An agreement in which parties agree to keep their distance from one another is called a stay-away order. While not enforceable by law enforcement, a stay-away order is a contract where one or both parties agree to stay away from each other.
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Other Types of Restraining Orders In addition to the types of restraining orders listed above, there are a few other restraining orders that exist, including the following: Civil Harassment Restraining Order typically used for more distant relatives, your neighbors, roommates, or coworker. Elder or Dependent Adult Abuse Restraining Order filed if the person being abused is 65 or older; or between 18 and 64 and a dependent adult.
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Workplace Violence Restraining Order this is typically filed by an employer to protect an employee from violence, stalking, or harassment by another person. Can I use the restraining order for my divorce? No, you must file for divorce separately. Is domestic violence a felony or a misdemeanor? Can I make an agreement with the other party to drop the restraining order? No, only a judge can drop a restraining order. Where should I file a domestic violence restraining order?
In addition, you may want to consider asking your lawyer the following questions: Do you have experience in situations like mine? If I want to get a divorce, can you help me?