California Code § 1596.871(c)(1)(A): Criminal Background Clearance
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.
💡Insider's Tips
This is the citation inspectors write when they find anyone in your facility who started before their live scan results came back. 'Prior to employment, residence, or initial presence' means exactly that: the person cannot be in the building in any working capacity until clearance is confirmed. Start the live scan process the day you make a verbal offer, not after onboarding paperwork. Results typically take 5 to 15 business days but can stretch to 4 weeks if there is anything on the record that requires review. Build that timeline into your hiring process. Also note that you cannot ask applicants about their criminal history before the live scan results arrive. According to California CCLD records, 62 facilities were cited for this across 22 counties in the past 90 days.
Source: California CCLD inspection records | Data: last 90 days as of Feb 16, 2026
How to Avoid Criminal Background Clearance Citations
✓ Prevention Checklist
❌ Common Mistakes
- Letting a new hire 'shadow' or 'observe' before their clearance arrives. Providers think if the person isn't technically working alone with children, it's fine. The law says prior to initial presence in the facility, and shadowing counts as presence. Inspectors will cite this.
- Assuming a clearance from a previous employer transfers automatically. Each facility must initiate its own clearance process through the CDSS. A clean record at another center does not exempt you from filing new fingerprints, though you can use the transfer process if the prior clearance is still active with the department.
- Confusing live scan submission with live scan clearance. Submitting fingerprints does not mean the person is cleared. The clearance letter from CDSS is what counts. Providers sometimes let someone start after the fingerprint appointment, which is still a violation.
- Not tracking associate clearances for household members in family child care homes. The requirement covers anyone who resides in or is regularly present at the facility, not just employees. A new roommate or adult family member moving in triggers the same fingerprinting requirement.
What's Being Cited in Each Region Over the Past 90 Days
Based on facility inspection reports filed with California's Community Care Licensing Division, here's how this citation appears across different regions in the past 90 days.
Los Angeles County
San Diego County
San Francisco County
Orange County
Riverside County
Santa Clara County
San Joaquin County
San Luis Obispo County
Kern County
Marin County
Data updated weekly from CCLD public records. Last update: 2/16/2026
See California Code § 1596.871(c)(1)(A): Criminal Background Clearance Citations in Your County
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Related Violations
This information is educational and does not constitute legal advice. Consult a licensed childcare compliance consultant for guidance specific to your facility. Citation data is sourced from California Community Care Licensing Division public records and is refreshed regularly.