State of california health and human services agency California department of social services
Important information for parents
Caregiver background check process california department of social services
The california department of social services works to protect the safety of children in child care by licensing child care centers and family child care homes. Our highest priority is to be sure that children are in safe and healthy child care settings. California law requires a background check for any adult who owns, lives in, or works in a licensed child care home or center. Each of these adults must submit fingerprints so that a background check can be done to see if they have any history of crime. If we find that a person has been convicted of a crime other than a minor traffic violation or a marijuana-related offense covered by the marijuana reform legislation codified at health and safety code sections 11361.5 and 11361.7, he/she cannot work or live in the licensed child care home or center unless approved by the department. This approval is called an exemption.
A person convicted of a crime such as murder, rape, torture, kidnapping, crimes of sexual violence or molestation against children cannot by law be given an exemption that would allow them to own , live in or work in a licensed child care home or center. If the crime was a felony or a serious misdemeanor, the person must leave the facility while the request is being reviewed. If the crime is less serious, he/she may be allowed to remain in the licensed child care home or center while the exemption request is being reviewed.
How the exemption request is reviewed.
We request information from police department, the FBI, and the courts about the person's record. We consider the type of crime, how many crimes there were, how long ago the crime happened and whether the person has been honest in what they told us.
The person who needs the exemption must provide information about:
What they have done to change their life and obey the law
Whether they are working, going to school, or receiving training
Whether they have successfully completed a counseling or rehabilitation program
The person also gives us reference letters from people who aren't related to them who know about their history and their life now.
We look at all these things very carefully in making our decision on exemptions. By law this information cannot be shared with the public.
How to obtain more information
As a parent or authorized representative of a child in licensed child care, you have the right to ask the licensed child care home or center whether anyone working or living there has an exemption. If you request this information, and there is a person with an exemption, the child care home or center must tell you the person's name and how he or she is involved with the home or center and give you the name, address and telephone number of the local licensing office. You may also get the person's name by contacting the local licensing office. You may find the address and phone number on our website. The website address is http://ccld.ca.gov/contact.htm.