Violation

California Code § 87355(d)(3)Fingerprint Background Checks

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 rcfe36 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(d)(3) actually says

California Code § 87355(d)(3)

The license shall submit these fingerprints to the California Department of Justice, along with a second set of fingerprints for the purpose of searching the records of the Federal Bureau of Investigation, or comply with Section 87355(c), prior to the individual's employment, residence, or initial presence in the facility.

From the field

What providers tell us about this citation

Based on community experience, not official guidance.

35 California RCFEs were cited for this. An LPA will request personnel files and check fingerprint clearance dates for every staff member on site. Never let a new hire start a single shift before both DOJ and FBI clearances are documented and on file in your community.

By the numbers

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

36 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 Fingerprint Background Checks

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

Common practices

Submit two sets of fingerprints to California DOJ and FBI before employment, residence, or initial presence begins.
Ensure no individual starts working or living in the facility until clearances are received.
Maintain records showing the submission date and clearance date for each fingerprint check.

What to avoid

Allowing a new hire to begin working before receiving FBI or DOJ clearance results.
Submitting only state-level fingerprints and missing the federal FBI requirement.
Failing to maintain documentation proving when fingerprints were submitted and cleared.

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 Fingerprint Background Checks, last 90 days
County	Citations	Facilities	Citation rate
Los Angeles	7	--	--
Contra Costa	7	--	--
Sacramento	4	--	--
Orange	3	--	--
Alameda	3	--	--
Riverside	3	--	--
San Joaquin	3	--	--
Sonoma	2	--	--
Fresno	1	--	--
Placer	1	--	--

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 are the fingerprint background check requirements for RCFE staff?

Title 22, Section 87355(d)(3) requires RCFEs to submit fingerprints for new employees, residents, and volunteers to both the California Department of Justice and the FBI before they begin working or living in the facility. This ensures individuals with disqualifying criminal histories are identified before they have contact with residents. LPAs verify these records during annual inspections.

How common are fingerprint background check citations in California assisted living?

35 California RCFEs were cited for this violation, classified as Type A because unscreened individuals pose a direct and immediate risk to residents. The citations affected 11 counties, with Los Angeles (7) and Contra Costa (7) cited most frequently. According to California CCLD inspection records, this deficiency often appears when facilities hire staff urgently without completing background checks first.

What happens if an RCFE is cited for missing fingerprint background checks?

A Type A citation means unscreened individuals had access to residents, which is an immediate safety risk. CCLD requires the facility to submit all missing fingerprints within a short correction period. Type A citations carry higher civil penalties than Type B citations. The LPA will conduct a follow-up visit to confirm all required background checks have been processed and cleared.

How do I fix or prevent fingerprint background check citations in my RCFE?

Submit fingerprints to both the California DOJ and FBI before any new hire, resident, or volunteer enters your facility. Maintain a tracking log that records the date fingerprints were submitted and the date clearance was received. Train your hiring manager to never allow an individual to begin working until both state and federal clearances are on file.

Do fingerprint background check citations affect my RCFE license?

Yes. CCLD considers background check compliance a fundamental licensing requirement. Repeated failures to submit fingerprints can trigger an immediate compliance review and conditional license status. Under Health and Safety Code section 1569.49, the department may pursue revocation if the facility continues to allow unscreened individuals on site. Source: public CCLD inspection records.

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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