Caregiver Permit Disqualifying Crimes

RESOLUTION NO. 2010-58

RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA, STATE OF CALIFORNIA, ADOPTING A LIST OF DISQUALIFYING CRIMES IN CONNECTION WITH THE CAREGIVER PERMIT ORDINANCE

WHEREAS, the County of Napa joins the State in declaring that elders and dependent adults deserve special protection; and

WHEREAS, on May 25, 2010, the County adopted a Caregiver Permit Ordinance to ensure that persons who serve in a position of trust by providing in home services to elders and dependent adults have not committed crimes which signal the potential for abuse; and

WHEREAS, a background check will be conducted on applicants for a caregiver permit as described in the Caregiver Permit Ordinance; and

WHEREAS, the County has created a list of criminal offenses that disqualifies an applicant from obtaining a caregiver permit.

NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Napa as follows:

  • The Board hereby adopts a list of criminal offenses that disqualifies an applicant from obtaining a Caregiver Permit which is included in Exhibit “A”, attached hereto and incorporated by reference herein;
  • The Board finds this Resolution is statutorily exempt from the California Environmental Quality Act pursuant to Title 14, California Code of Regulations, section 15273(a)(1) and (2).
  • The adoption of the disqualifying criminal offenses authorized by this Resolution shall become effective on July 1, 2010.

[adopted 5/25/2010]

Exhibit A - DISQUALIFYING CRIMES

  1. Penal Code section 37 – Treason
  2. Penal Code Section 128 - Perjury resulting in the conviction of an innocent person
  3. Penal Code section 136. 1 with 186.22 —Felony Intimidation of Witnesses and Victims/ Gang Related
  4. Penal Code sections 187, 190-190.4 and 192(a) — Any Murder/Attempted Murder/Voluntary Manslaughter
  5. Penal Code section 203 — Any Mayhem
  6. Penal Code section 206 —Torture
  7. Penal Code sections 207, 208, 209, 209.5. 210 — Kidnapping
  8. Penal Code section 211, 212, 212.5, 213, 214 — Any Robbery
  9. Penal Code section 215 — Carjacking
  10. Penal Code section 218 or 219 – Train Wrecking
  11. Penal Code section 220 — Assault with intent to commit mayhem, rape, sodomy or oral copulation, etc.
  12. Penal Code section 273.5 – domestic violence
  13. Penal Code section 243.25 – battery against elder or dependent adult
  14. Penal Code section 243.4 — Sexual Battery and attempted
  15. Penal Code section 261(a)(1)(2)(3)(4) or (6) — Rape and attempted
  16. Penal Code section 262(a)(1) or (4) Rape of Spouse
  17. Penal Code section 264.1 — Rape in concert and attempted
  18. Penal Code section 266 — Enticing minor into prostitution and attempted
  19. Penal Code section 266c — Induce to sexual intercourse, etc. by fear or consent through fraud
  20. Penal Code section 266h(b) — Pimping a minor
  21. Penal Code section 266i(b) — Pandering a minor
  22. Penal Code section 266j — Providing a minor under 16 for lewd or lascivious act
  23. Penal Code section 267 — Abduction for prostitution and attempted
  24. Penal Code section 269 — Aggravated assault of a child
  25. Penal Code section 272 — Contributing to delinquency of a minor and attempted
  26. 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.
  27. Penal Code section 273d — Willfully inflicting any cruel or inhuman corporal punishment or injury on a child
  28. Penal Code section 273.5 or 243(e)(1) – domestic violence
  29. Penal Code section 285 — Incest and attempted
  30. Penal Code section 286 — Sodomy
  31. Penal Code section 288 — Lewd or lascivious act upon a child under 14 and attempted
  32. Penal Code section 288a — Oral copulation
  33. Penal Code section 288.2 — Distributing lewd material to children and attempted
  34. Penal Code section 288.3 - Contact with a minor to commit sexual offense
  35. Penal Code section 288.4 – Meeting with minor for sexual purpose
  36. Penal Code section 288.5 — Continuous sexual abuse of a child and attempted.
  37. Penal Code section 288.7 — Sexual conduct with child 10 years or younger
  38. Penal Code section 289 — Genital or anal penetration by foreign object and attempted
  39. Offenses listed at Penal Code section 290(a)(2)(A) — Registration of sex offenders - All such offenses are included in this list)
  40. Penal Code section 311.1— Sent or brought into state for Possession, or distribution: child-related pornography and attempted
  41. Penal Code section 311.2 (b)(c) or (d) — Sending or bringing into state, Possessing for distribution: child-related pornography and attempted
  42. Penal Code section 311.3 — Sexual exploitation of a child and attempted
  43. Penal Code section 311.4 — Using a minor to assist in making or distributing child pornography and attempted
  44. Penal Code section 311.10 — Advertising or distributing child pornography and attempted
  45. Penal Code section 311.11 — Possessing child pornography and attempted
  46. Penal Code section 314(1) or (2) — Lewd or obscene exposure of private parts and attempted
  47. Penal Code section 347(a) — Poisoning or adulterating food, drink, medicine, pharmaceutical products, spring, well, or reservoir
  48. Penal Code section 368
    1. Elder or dependent adult abuse
    2. in circumstances likely to cause great bodily injury or death, caused or permits injury or suffering to an elder or dependent adult
    3. in circumstances other than those likely to cause great bodily injury or death, causes or permits injury or suffering to an elder or dependent adult
    4. non-caretaker who commits theft, embezzlement, forgery, fraud or identity theft of an elder or dependent adult
    5. caretaker who commits theft, embezzlement, forgery, fraud or identity theft of an elder or dependent adult
    6. false imprisonment of an elder or dependent adult
  49. Penal Code section 417(b) — Drawing, Exhibiting, or Using Firearm or Deadly Weapon on the grounds of a day care center
  50. Penal Code section 451(a) — Arson with great bodily injury
  51. Penal Code section 451(b) — Arson of an inhabited structure or property
  52. Penal Code section 460(a) – First degree burglary
  53. Penal Code sections 484, 487 or 488 – theft or 496 – receiving stolen property
  54. Penal Code section 470 – forgery
  55. Penal code section 502 – computer crimes
  56. Penal code sections 503 – embezzlement
  57. Penal Code sections 518 with 186.22— Extortion/gang related
  58. Penal code section 530.5 – identity theft
  59. Penal code section 597 – animal cruelty
  60. Penal Code section 647.6 or prior to 1987 former section 647a — Annoy, molest child under 18 and attempted
  61. Penal Code section 653f(c) — Solicit another to commit rape, sodomy etc. and attempted
  62. Penal Code section 664/187 — Any Attempted Murder
  63. Penal Code section 667.5(c)(7) - Any Felony punishable by death or imprisonment in the state prison for life without possibility of parole but not for an indeterminate sentence.
  64. Penal Code section 667.5(c)(8) — Enhancement for any felony which inflicts great bodily injury
  65. 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
  66. Penal Code section 667.5(c)(14) – Any kidnapping  -- Penal Code sections 207, 208, 209, 209.5 and 210
  67. Penal Code section 667.5(c)(22) – Any violation of Penal Code 12022.53 – Enhancement for Listed felonies where use of firearm
  68. 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
  69. Penal Code section 12022.53 —Enhanced sentence for listed felonies where Use of Firearm
  70. Penal Code section 11418(b)(1) or (b)(2) — Weapons of Mass Destruction
  71. Business and Professions Code section 729 — Sexual Exploitation by Physicians, Surgeons, Psychotherapists, or Alcohol and Drug abuse Counselors
  72. Health and Safety code sections 11150, 11152, 11157, 11162.5, 11162.6, and 11173 – forging prescriptions, false prescriptions
  73. Health and Safety code sections 11360 – drug transportation and sales
  74. Health and Safety code sections 11377, 11379  – controlled substances possession and transportation
  75. Health and Safety code sections 11351, 11352, and 11353 – drug trafficking

Additional disqualifications:

  • Applicant has been convicted of any other felony in the past 10 years (dating back from the date of application).
  • Applicant is on formal or informal probation or parole in any jurisdiction.
  • Applicant knowingly made false statements or representations of a material factor the omission of a material fact) on the application.
  • Applicant had a similar type of license, permit or certificate denied, suspended or revoked in the past 5 years.