California Code § 1596.871(c)(1)(A): Criminal Background Clearance

📋Type B Violation🏢Affects: Child Care Centers

facilities cited recently

That's 1 in 526 facilities

counties affected

Statewide issue - not isolated

most common citation

Inspectors are watching for this

→

Stable

Last 90 days vs. previous 90 days

79 facilities (was 72)+7 facilities

What's Being Cited in Each Region Over the Past 90 Days

Based on analysis of CA facilities, here's where California Code § 1596.871(c)(1)(A): Criminal Background Clearance citations are happening over the past 90 days.

Los Angeles County

16 citations

San Diego County

12 citations

Riverside County

7 citations

Orange County

5 citations

Sacramento County

5 citations

San Mateo County

4 citations

Santa Clara County

4 citations

Marin County

3 citations

Fresno County

3 citations

Contra Costa County

3 citations

Data updated weekly from CCLD public records. Last update: 12/15/2025

What Is California Code § 1596.871(c)(1)(A): Criminal Background Clearance?

California Code § 1596.871(c)(1)(A)

Subsequent to initial licensure, a person specified in subdivision (b) who is not exempt from fingerprinting shall obtain either a criminal record clearance or an exemption from disqualification, pursuant to subdivision (f) of this section or Section 1522.7, from the State Department of Social Services prior to employment, residence, or initial presence in the facility. A person specified in subdivision (b) who is not exempt from fingerprinting shall be fingerprinted. The licensee shall submit fingerprint images and related information to the Department of Justice and the Federal Bureau of Investigation, through the Department of Justice, or comply with paragraph (1) of subdivision (h), prior to the person's employment, residence, or initial presence in the child day care facility. The department shall not require the person to disclose their criminal history information prior to receipt of live scan results.

Why This Matters

Start the fingerprinting process the moment you decide to hire someone. Live scan results usually take 2-3 weeks, so build that into your hiring timeline.

See California Code § 1596.871(c)(1)(A): Criminal Background Clearance Citations in Your County

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How to Avoid Criminal Background Clearance Citations

✓ Prevention Checklist

Get criminal record clearance OR exemption BEFORE the person starts working
Submit fingerprints to Department of Justice and FBI through live scan
Don't require the person to disclose their criminal history before getting live scan results
Complete this process after initial license but before employment/presence in facility
Apply for exemption through Section 1596.871(f) or 1522.7 if needed

❌ Common Mistakes

I see this citation all the time - providers hire someone and think 'we'll get their fingerprints next week.' Nope. The law says PRIOR to employment.

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Pro members would see:

🎯 "YOUR facility: 551 days overdue (longer than 0% of similar facilities)"
🚨 "HOT ZONE: 13 nearby facilities visited LAST WEEK"
⚠️ "URGENT: Prepare for inspection THIS WEEK (3 active risk factors)"
📍 "48 overdue facilities in 3-mile radius (cluster risk)"

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Frequently Asked Questions

What is Criminal Background Clearance?

Criminal Background Clearance under California Health & Safety Code 1596.871(c)(1)(A) requires everyone working in your daycare to complete a criminal background check through live scan fingerprinting BEFORE they start working with children. This includes the Department of Justice and FBI checking their fingerprints against criminal databases. The state will either grant clearance, deny it, or potentially grant an exemption from disqualification for certain offenses. This isn't negotiable - no one can work in, reside at, or be present in your childcare facility until they receive clearance or an exemption from the State Department of Social Services.

How common is this citation?

As of November 23, 2025, 80 facilities have been cited for Criminal Background Clearance violations in the past 90 days - that's approximately 1 in 500 California childcare facilities. These citations occurred across 21 counties, affecting 1.06% of inspected facilities. Los Angeles County leads with 17 citations, followed by San Diego (13), Riverside (8), Marin (4), and Orange (4). This citation is serious because it involves child safety - inspectors don't overlook it when they find someone working without completed background clearance.

What triggers this citation?

Inspectors cite this regulation when they find someone working at the facility who hasn't completed the live scan fingerprinting process or received clearance results before starting employment. The most common scenario is providers who hire someone and think 'we'll get their fingerprints next week' - but the law says PRIOR to employment, not after. Even one day of work without clearance is a violation. Inspectors check personnel files during visits and may interview staff to verify when they started working versus when they received clearance. Another common issue is allowing someone to reside at a facility-based home before their clearance comes through.

How do I avoid this citation?

Start the fingerprinting process the moment you decide to hire someone. Schedule their live scan appointment immediately and make it clear they cannot begin work until you receive clearance notification from the state. Live scan results typically take 2-3 weeks, so build that into your hiring timeline. Keep copies of the live scan submission and clearance notification in personnel files. For new staff who need to start urgently, they can work under direct line-of-sight supervision by a cleared individual while waiting for clearance, but only if you've already submitted their fingerprints. Plan ahead - emergency hires are when this violation most often occurs.

What should I do if I get cited?

Immediately remove any person without clearance from working with children until their background check is complete. If their fingerprints haven't been submitted yet, schedule live scan within 24-48 hours. Submit proof of the live scan appointment and completion to your licensing inspector. Once clearance is received from the state, provide that documentation as well. If the person has already been working without clearance, document the dates they worked and explain your corrective actions to prevent future violations. Going forward, implement a hiring checklist that makes background clearance a mandatory gate before the first day of work - no exceptions.

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