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

❌ 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.