California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 1 - Child Care Center General Licensing Requirements › Article 3 - Application Procedures › Section 101170 - Criminal Record Clearance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Department shall conduct a criminal record review of all persons specified in Health
				  and Safety Code Section
				  1596.871(b).
				  The Department has the authority to approve or deny a facility license, or
				  employment, residence or presence in the facility, based on the results of this
				  review.
(b) The following individuals
				  are exempt from the requirement to submit fingerprints:
(1) A volunteer who is a relative, legal guardian,
				  or foster parent of a child in the facility.
(2) A volunteer that provides time-limited
				  specialized services if all of the following apply:
(A) The volunteer is directly supervised by the
				  licensee or a facility employee with a criminal record clearance or
				  exemption.
(B) The volunteer spends no
				  more than 16 hours per week at the facility.
(C) The volunteer is not left alone with children
				  in care.
(3) A volunteer who
				  is a senior citizen if all of the following apply:
(A) The senior citizen participates in a Foster
				  Grandparent Program under the authority of the National Senior Service Corps and
				  administered by the Corporation for National Service.
(B) The facility has an agreement with the foster
				  grandparent program concerning the placement of the foster grandparent.
(C) The foster grandparent is supervised by the
				  licensee or a facility employee with a criminal record clearance or
				  exemption.
(D) The foster grandparent is
				  not left alone with children in care.
(4) A student who is enrolled or participating at
				  an accredited educational institution if all of the following apply:
(A) The student is directly supervised by the
				  licensee or a facility employee with a criminal record clearance or
				  exemption.
(B) The facility has an
				  agreement with the educational institution concerning the placement of the
				  student.
(C) The student spends no more
				  than 16 hours per week at the facility.
(D) The student is not left alone with the
				  children in care.
(5) A
				  third-party repair person, or similar retained contractor, if all of the following
				  apply:
(A) The individual is hired for a defined,
				  time-limited job.
(B) The individual is
				  not left alone with children.
(C) When
				  children are present in the room in which the repairperson or contractor is working,
				  a staff person who has a criminal record clearance or exemption is also
				  present.
(6) A medical
				  professional, as defined in Section
				  101152(m)(1), who
				  holds a valid license or certification from the individual's governing California
				  medical care regulatory entity if all of the following apply:
(A) The criminal record of the individual has been
				  cleared as a condition of licensure or certification by the individual's California
				  medical care regulatory entity.
(B) The
				  individual is providing time-limited specialized clinical care or
				  services.
(C) The individual is
				  providing care or services within the individual's scope of practice.
(D) The individual is not a community care
				  facility licensee and is not employed, retained, or contracted by the
				  licensee.
(7) Employees of a
				  licensed home health agency who have a contract with a child's parent or guardian
				  and are in the facility at the request of that parent or guardian.
(A) The exemption shall not apply to an individual
				  who is employed, retained or contracted by the licensee.
(8) An attendant or facilitator for a child with a
				  developmental disability who is visiting the child or providing direct care and
				  supervision to the child.
(A) The exemption shall
				  not apply to an individual who is employed, retained or contracted by the
				  licensee.