California Code § 1596.885(c): Staff Background Checks

📋Type B Violation🏢Affects: Child Care Centers

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 § 1596.885(c): Staff Background Checks?

California Code § 1596.885(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.

💬What Providers Tell Us

Based on community experience — not official guidance

Background check timing is where most providers get caught. Every person who will be in the home or facility, including employees, volunteers, and household members over 18, must have fingerprints submitted BEFORE their first day of contact with children. Inspectors cross-reference your staff roster and sign-in sheets against CCLD's clearance database in real time. If they find someone working who doesn't show as cleared or pending in the system, that's an immediate Type A citation. Keep printed confirmation of every Live Scan submission with the date and ATI number. Don't let a new hire start 'just for training' before their prints are in the system. Four facilities across four different counties were cited in the last 90 days.

facilities cited (last 90 days)

That's 1 in 10000 facilities

counties affected

115

most common citation

→

Stable

Last 90 days vs. previous 90 days

4 facilities (was 4)0 facilities

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

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

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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.

Merced County

1 citations

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Alameda County

1 citations

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San Diego County

1 citations

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Los Angeles County

1 citations

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

Learn More About This Topic

4 Violations That Trigger Multiple Inspections

These citation types are most likely to bring inspectors back for follow-up visits.

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Top 10 California Daycare Citation Types

The most common violations California facilities receive during inspections.

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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 Staff Background Clearance Requirement?

California Health and Safety Code Section 1596.885(c) requires that every person who works in, lives in, or is regularly present at a child care facility must obtain a criminal record clearance or exemption from the California Department of Social Services before having any contact with children. This clearance requires Live Scan fingerprinting submitted to both the Department of Justice and the FBI through a specific CCLD process. For your facility, this means no new employee, volunteer, or household member over 18 can be present around children until their clearance is confirmed in the system.

How common are background clearance citations?

According to California CCLD inspection records as of March 15, 2026, 4 facilities have been cited for this violation in the past 90 days across 4 California counties, roughly 1 in 10,000 inspected facilities. Citations appeared in Alameda, Los Angeles, Merced, and San Diego counties. Background clearance violations are typically classified as Type A citations because they involve the safety screening process for individuals with access to children. Even one instance of an uncleared person present triggers a serious finding.

What triggers this citation during an inspection?

Inspectors cross-reference your staff roster and sign-in sheets against CCLD's clearance database in real time during their visit. Based on CCLD inspection patterns, they flag anyone present at the facility who doesn't show as cleared or pending with a valid submission date. The most common scenario is a new hire who started 'just for training' before their Live Scan was submitted. In family child care homes, inspectors also check whether adult household members, including spouses and adult children living in the home, have current clearances on file.

How can I prevent this citation?

Schedule Live Scan appointments before a new hire's start date, not on their first day. Keep printed confirmation of every submission with the date and ATI number in each person's file. Create a tracking spreadsheet with submission dates, clearance status, and follow-up deadlines for every staff member and household member. Never allow anyone to start work, even for orientation or shadowing, until you have proof their fingerprints are in the system. Check clearance status weekly for pending submissions.

What should I do if I receive this citation?

Remove the uncleared individual from the facility immediately until their clearance is confirmed. Submit their Live Scan that same day if it hasn't been done. Document the removal with a written record showing the date and time the person was separated from child contact. Update your onboarding checklist to include a mandatory clearance verification step before any facility access. Implement a tracking system for all current and future staff clearances. For complex situations, consider consulting a licensed childcare compliance specialist.

Related Violations

1596.8662(b)(1)

Mandated Reporter Training

221 facilities cited (last 90 days)

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101229(a)(1)

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1596.7995(a)(1)

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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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