Violation

California Code § 87355(e)(2)Staff Background Clearances

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

Type A, seriousAffects rcfe415 facilities cited in the last 90 days

What does Type A vs Type B mean?

Type A. Serious citation. Imminent or substantial risk to residents. The regulator requires corrective action immediately and may impose a civil penalty.

Type B. Lower-severity citation. Corrective action required, no imminent risk. The regulator monitors compliance on the next visit.

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)(2) actually says

California Code § 87355(e)(2)

Obtain a California clearance or a criminal record exemption as required by the Department or

From the field

What operators tell us about this citation

Based on community experience, not official guidance.

353 California RCFEs were cited for this. One uncleared aide on the floor triggers a Type A citation and a follow-up visit. Confirm the clearance before the first shift, not during it.

By the numbers

415^*CCLD: facilities cited in the last 90 days
27^*CCLD: counties where this citation appeared
--^*CCLD: rank among most-common citations
Trajectory: Steady; Last 90 days vs. previous 90 days.

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

Check a facility

What other operators do

Common practices to stay clear of Staff Background Clearances

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

Common practices

Secure a criminal record clearance or exemption for each employee before resident contact
Keep clearance documentation in every personnel file
Resolve pending exemptions before the worker starts care duties

What to avoid

Letting a new hire start before the clearance returns
Missing clearances for volunteers or contracted staff
No single owner tracking clearance status across the roster

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 Staff Background Clearances, last 90 days
County	Citations
Los Angeles	83
Orange	33
Contra Costa	31
Sacramento	22
Ventura	19
San Bernardino	17
Kern	16
San Diego	15
San Mateo	15
Riverside	14

SOURCE

*CCLD: California Community Care Licensing Divisionviolation_citations2026-07-13Updated weekly

FAQ

Frequently asked questions

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

What is a Section 87355(e)(2) violation?

A Section 87355(e)(2) violation means a facility let an employee work with residents before obtaining the required California criminal record clearance or an approved exemption. The clearance confirms a worker has no disqualifying convictions. Because RCFE residents are often frail or have memory loss, an uncleared staff member is a direct safety risk. CCLD treats this as a Type A deficiency, the most serious category.

How common is this violation in California assisted living?

It is one of the more frequently cited RCFE staffing deficiencies in California. According to CCLD inspection records, 353 California RCFEs have been cited under Section 87355(e)(2), and inspectors classify it as a Type A violation because an uncleared employee poses a direct, immediate risk to residents. Los Angeles County leads with 81 citations, followed by Orange and Contra Costa counties.

What happens if an RCFE is cited for missing clearances?

When an LPA cites an RCFE for this, the facility receives a Type A deficiency and a deadline to correct it. The uncleared person must stop working with residents until the clearance or exemption clears. Type A citations are more serious than Type B and carry higher civil penalties. Expect a follow-up visit to confirm the worker is now cleared or removed from resident contact.

How do I fix or prevent this violation?

Run the background clearance through the CDSS process before a new hire has any resident contact, not after. Keep the clearance confirmation in each personnel file where an LPA can find it fast. Track pending transfers and exemptions so no one slips through during onboarding. Assign one administrator to own clearance status for every employee and volunteer.

Does this violation affect my RCFE license?

Yes. Repeated or uncorrected Section 87355(e)(2) citations are a licensing concern. CCLD can escalate from a Type A citation to a noncompliance conference, and a pattern of uncleared staff can support a move against your RCFE license. Correcting the deficiency quickly and documenting the fix is how most facilities keep a single citation from growing into a licensing action.

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.

Every California assisted living facility's citation record is free to read. Browse facilities by county or look one up by name.

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