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F I S C A L I M P A C T R E P O R T
SPONSOR Harden
DATE TYPED 02/18/05 HB
SHORT TITLE CYFD Employee Criminal and Background Checks SB 91/aSF#1
ANALYST Dunbar
APPROPRIATION
Appropriation Contained Estimated Additional Impact Recurring
or Non-Rec
Fund
Affected
FY05
FY06
FY05
FY06
NFI
(Parenthesis ( ) Indicate Expenditure Decreases)
SOURCES OF INFORMATION
LFC Files
Responses Received From
Children Youth and Families Department (CYFD)
SUMMARY
Synopsis of SFI Amendment #1
Senate Floor Amendment #1 to SB 91deletes the authority to conduct background investigations,
but continues to authorize CYFD to obtain nationwide criminal history records for employment
purposes.
Synopsis of Original Bill
Senate Bill 91 provides CYFD with the authority to conduct national-level criminal background
checks (CRCs) on all CYFD current and prospective employees who have direct contact with
children and families.
Significant Issues
State-level criminal record checks currently done on CYFD employees cannot provide compre-
hensive criminal background and history. CYFD currently has legislative authority to conduct
national-level criminal background checks on juvenile facility employees, childcare workers, and
foster and adoptive parents. CYFD does not have authority to conduct national-level background
checks on other employees and agents of CYFD who have direct contact with children and fami-
lies creating a potential for liability.
pg_0002
Senate Bill 91/aSF#! -- Page 2
FISCAL IMPLICATIONS
The bill does not contain an appropriation. CYFD would absorb the cost of the criminal records
checks in base budget.
ADMINISTRATIVE IMPLICATIONS
CYFD human resources staff has an established process for managing criminal records checks
on employees.
OTHER SUBSTANTIVE ISSUES
FBI regulations require legislative authority to conduct national-level criminal background
checks.
BD/njw:lg