Violation
California Code § 1596.871(c)(1)(A)Criminal Background Clearance
How CCLD inspectors cite this regulation, what providers do to stay clear of it, and where it appears in the public record.
Regulation text
What California Code § 1596.871(c)(1)(A) actually says
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.
From the field
What providers tell us about this citation
Based on community experience, not official guidance.
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.
By the numbers
- 97*CCLD
- facilities cited in the last 90 days
- 26*CCLD
- counties where this citation appeared
- 5*CCLD
- rank among most-common citations
- Trajectory
- More citations than the prior period+32 facilities
That is 1 in 1000 facilities CCLD inspected.
SOURCE
*CCLD: California Community Care Licensing Divisionviolation_citationsUpdated weekly
SOURCE
*CCLD: California Community Care Licensing Divisionviolation_citationsUpdated weekly
SOURCE
*CCLD: California Community Care Licensing Divisionviolation_citationsUpdated weekly
Last 90 days vs. previous 90 days.
97 facilities were cited for this in the last 90 days. See if yours is one of them.
What other providers do
Common practices to stay clear of Criminal Background Clearance
Common practices shared by providers. Confirm requirements with your licensing analyst.
Common practices
What to avoid
- 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.
Regional record
Where this citation appeared in the past 90 days
Citation counts and rates by California county, drawn from CCLD inspection records. Click a county to see its weekly intelligence report.
| County | Citations |
|---|---|
| Los Angeles | 18 |
| Riverside | 12 |
| Orange | 8 |
| San Diego | 8 |
| Sacramento | 6 |
| Santa Clara | 5 |
| Kern | 4 |
| Ventura | 4 |
| San Luis Obispo | 4 |
| Alameda | 3 |
SOURCE
*CCLD: California Community Care Licensing Divisionviolation_citationsUpdated weekly
Further reading
Articles about this topic
Public record
Check any facility for § 1596.871(c)(1)(A)
Free public record. No account needed.
FAQ
Frequently asked questions
Answers based on public CCLD data and regulation text. May not reflect recent changes.
What is Criminal Background Clearance?
How common is the Criminal Background Clearance citation?
What triggers this citation during an inspection?
How can I prevent this citation?
What should I do if I receive this citation?
Related violations
Other citations in this regulation family
This information is educational and does not constitute legal advice. Consult a licensed child 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.