California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 3 - Family Day Care Homes for Children › Article 3 - Application Procedure › Section 102370 - Criminal Record Clearance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Prior to the
				  Department issuing a license, the applicant(s) and all adults residing in the home
				  shall obtain a California criminal record clearance or exemption.
(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 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.
(4) 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.
(5) A medical
				  professional, as defined in Section
				  102352(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.
(6) 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.
(7) An attendant or facilitator for a child with a
				  developmental disability who is visiting the client 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.