Violation

California Code § 87355(e)Pre-Work Background Clearance

How CCLD inspectors cite this regulation, what providers do to stay clear of it, and where it appears in the public record.

Type A, seriousAffects rcfe195 facilities cited in the last 90 days

ℹ️ Educational reference based on public CCLD inspection records. Not legal or compliance advice. Verify requirements with official sources. Full disclaimer →

Regulation text

What California Code § 87355(e) actually says

California Code § 87355(e)

All individuals subject to a criminal record review pursuant to Health and Safety Code Section 1569.17(b) shall prior to working, residing or volunteering in a licensed facility:

From the field

What providers tell us about this citation

Based on community experience, not official guidance.

193 California RCFEs received a Type A citation for background clearance violations. This is one of the most serious findings an LPA can write, because it means an uncleared person had access to residents. Before anyone starts, verify their clearance in writing. Keep a dated log of every submission and approval. An unverified start date can trigger an immediate Type A citation and a follow-up inspection.

By the numbers

195^*CCLD: facilities cited in the last 90 days
28^*CCLD: counties where this citation appeared
--^*CCLD: rank among most-common citations
Trajectory: Steady

195 facilities were cited for this in the last 90 days. See if yours is one of them.

Check a facility

What other providers do

Common practices to stay clear of Pre-Work Background Clearance

Common practices shared by providers. Confirm requirements with your licensing analyst.

Common practices

All individuals subject to criminal record review must obtain clearance before entering the facility to work, reside, or volunteer.
Clearance must be verified through the CCLD process before the individual has any resident contact.
The facility must maintain documentation of clearance status for every employee, volunteer, and applicable resident.

What to avoid

Allowing a new hire to begin working before receiving formal clearance confirmation from CCLD.
Letting volunteers interact with residents without first submitting them for criminal record review.
Failing to track pending clearances and losing visibility on who has been approved.
Assuming a transfer employee from another facility already has clearance without verifying directly.

Regional record

Where this citation appeared in the past 90 days

Citation counts and rates by California county, drawn from CCLD inspection records.

Regional citations for Pre-Work Background Clearance, last 90 days
County	Citations	Facilities	Citation rate
Los Angeles	36	--	--
Orange	18	--	--
Contra Costa	17	--	--
Riverside	16	--	--
San Bernardino	15	--	--
Sonoma	13	--	--
Sacramento	12	--	--
Ventura	10	--	--
Alameda	9	--	--
San Diego	6	--	--

SOURCE

*CCLD: California Community Care Licensing Divisionviolation_citations2026-05-30Updated weekly

FAQ

Frequently asked questions

Answers based on public CCLD data and regulation text. May not reflect recent changes.

What is a background clearance violation in California assisted living?

A background clearance violation occurs when someone works, resides, or volunteers in an RCFE before completing the required criminal record review. Title 22, Section 87355(e) mandates that all individuals covered by Health and Safety Code Section 1569.17(b) receive clearance first. This rule protects residents from individuals with disqualifying criminal histories.

How common are background clearance violations in California assisted living?

According to public CCLD inspection records, 193 California RCFEs were cited for background clearance violations under Section 87355(e). This is classified as a Type A citation, meaning it poses a direct and immediate risk to resident safety. Los Angeles County recorded the highest count at 39 citations among 28 affected counties.

What happens if an RCFE is cited for background clearance violations?

Your facility receives a Type A citation, the most serious deficiency category CCLD issues. Type A citations carry higher civil penalties than Type B citations and require immediate correction. The LPA will conduct a follow-up visit to confirm the uncleared individual no longer has resident contact. This citation becomes part of your public inspection record.

How do I fix or prevent a background clearance citation?

Never allow any employee, volunteer, or new resident to begin working or residing in your community until you have verified clearance through CCLD. Maintain a log of all pending clearances with submission dates. Train your hiring manager to treat clearance verification as a condition of start, not a follow-up task. LPAs compare your staff roster against CCLD clearance records during inspections.

Does a background clearance violation affect my RCFE license?

Yes. A Type A citation signals an immediate risk to residents and draws heightened scrutiny from CCLD. Multiple clearance violations can trigger an enforcement action, including temporary license suspension. The department may also restrict new admissions until the facility demonstrates full compliance with all background check requirements.

Related violations

Other citations in this regulation family

This information is educational and does not constitute legal advice. Consult a licensed residential care compliance consultant for guidance specific to your facility. Citation data is sourced from California Community Care Licensing Division public records and is refreshed regularly.

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