California Code § 102370(d)(2): Criminal Record Clearance

📋Type B Violation🏢Affects: Family Child Care Homes

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

What Is California Code § 102370(d)(2): Criminal Record Clearance?

California Code § 102370(d)(2)

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

💬What Providers Tell Us

Based on community experience — not official guidance

This is one of the first things CCLD checks before you can even open your doors, and it's non-negotiable after licensing too. Every adult living in or regularly present at your Family Child Care Home needs a California criminal record clearance or an approved exemption from the Department. Inspectors cross-reference who they see in the home against your clearance records. If your adult child moves back home or a new partner starts staying over, you need to report and get them cleared before they have any contact with children in care. The timeline matters: clearance must be obtained before the person is present, not after.

facilities cited (last 90 days)

That's 1 in 10000 facilities

counties affected

most common citation

📈

Increasing

Last 90 days vs. previous 90 days

5 facilities (was 3)+2 facilities

Source: California CCLD inspection records | Data as of Mar 19, 2026. Updated weekly.

5 facilities were cited for this in the last 90 days.

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What Other Providers Do for Criminal Record Clearance

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

✓ Common Practices

Provide age-appropriate toys and equipment for infants
Ensure all infant toys are too large to present choking hazards
Keep infant areas free of small objects that could be choking hazards
Regularly inspect and clean all infant toys and equipment
Separate infant toys from toys intended for older children

❌ Common Mistakes

Failing to get clearances for new adult household members who move in after initial licensing. Providers think the requirement only applies at startup. Inspectors ask 'who else lives here?' and compare answers against clearance records on file, citing any gaps immediately.
Assuming a LiveScan from another employer or agency transfers automatically. Providers think a background check is a background check. CCLD requires clearance specifically through their system, associated with your facility number.
Not disclosing a household member's criminal history and hoping it won't come up. If CCLD discovers an uncleared adult with access to children, this escalates beyond a standard citation to potential license revocation.
Waiting for clearance results before submitting the application. Providers delay the LiveScan appointment, not realizing that the fingerprinting must happen before or within 7 days of the person's presence in the home. Inspectors check submission dates, not just approval dates.

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.

Orange County

1 citations

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Riverside County

1 citations

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San Diego County

1 citations

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Santa Clara County

1 citations

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San Bernardino County

1 citations

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Data updated weekly from CCLD public records. Last update: 3/19/2026

A single Type A citation can cost $150–$500+ in civil penalties — not counting the follow-up inspection it triggers.

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Frequently Asked Questions

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

What is the Criminal Record Clearance Requirement?

California Title 22 Section 102370(d)(2) requires every adult living in or regularly present at a Family Child Care Home to obtain a California criminal record clearance or an approved exemption through CCLD's system. This goes beyond standard background checks. A LiveScan from another employer or agency does not transfer automatically. Your facility needs clearances specifically associated with your facility number for every adult who could have contact with children in care.

How common are criminal record clearance citations in California?

According to California CCLD inspection records as of March 15, 2026, 5 facilities have been cited for this violation in the past 90 days across 5 California counties. That's roughly 1 in 8,000 inspected facilities. Citations were spread across Orange, Riverside, San Bernardino, San Diego, and Santa Clara counties. The geographic spread suggests this is not a regional enforcement pattern but a statewide compliance gap, often triggered by household changes that providers don't report promptly.

What triggers a criminal record clearance citation during an inspection?

Inspectors ask a direct question: 'Who else lives here or is regularly present?' They compare your answer against the clearance records on file and cite any gaps immediately. Based on CCLD inspection patterns, the most frequent trigger is an adult household member who moved in after initial licensing without getting cleared. Inspectors also check submission dates on LiveScan records. If fingerprinting happened after the person was already present in the home beyond the 7-day window, that's a citable deficiency regardless of whether clearance was eventually approved.

How can I prevent a criminal record clearance citation?

Report any new adult household member to CCLD and schedule their LiveScan appointment before or within 7 days of their first presence in the home. Do not assume a background check from another employer counts. Keep a list of every adult cleared under your facility number with submission and approval dates. When someone moves in or starts staying regularly, treat it as a licensing event that requires action within the first week.

What should I do if I receive a criminal record clearance citation?

Get the uncleared adult fingerprinted for LiveScan immediately, referencing your facility number on the submission. Until clearance comes back, that person cannot be present in the home during childcare hours. Submit your Plan of Correction with the LiveScan submission receipt and a written policy for how you'll track future household changes. If the citation involves an undisclosed criminal history, contact a licensing attorney before responding. CCLD can escalate from a standard citation to revocation proceedings if they determine concealment occurred. For complex situations, consider consulting a licensed childcare compliance specialist.

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102370(d)(1)

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102421(b)

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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.

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