Violation

California Code § 1596.885(c)Staff Background Checks

How CCLD inspectors cite this regulation, what providers do to stay clear of it, and where it appears in the public record.

Type B, generalAffects Child Care Centers6 facilities cited in the last 90 days

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

Regulation text

What California Code § 1596.885(c) actually says

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.

From the field

What providers tell us about this citation

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.

By the numbers

6^*CCLD: facilities cited in the last 90 days
6^*CCLD: counties where this citation appeared
115^*CCLD: rank among most-common citations
Trajectory: More citations than the prior period
+5 facilities

6 facilities were cited for this in the last 90 days. See if yours is one of them.

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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.

Regional citations for Staff Background Checks, last 90 days
County	Citations	Facilities	Citation rate
Merced	1	--	--
ORANGE	1	--	--
Orange	1	--	--
Alameda	1	--	--
San Diego	1	--	--
Los Angeles	1	--	--

SOURCE

*CCLD: California Community Care Licensing Divisionviolation_citations2026-05-05Updated weekly

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FAQ

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

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.

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