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
 (a) Elder or dependent adult abuse
 (b)in circumstances likely to cause great bodily injury or death, caused or permits injury or suffering to an elder or dependent adult
 (c)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
 (d)non-caretaker who commits theft, embezzlement, forgery, fraud or identity theft of an elder or dependent adult
 (e)caretaker who commits theft, embezzlement, forgery, fraud or identity theft of an elder or dependent adult
 (f)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.