Background Checks

Community employees and volunteers (with some exceptions) must have criminal background check clearance prior to working in an RCFE.

Background Check Regulations

Section 87355 of Title 22 regulations addresses the requirements for criminal background checks, including information on:

  • Who must be fingerprinted
  • Who is exempt from the requirement
  • The process and forms necessary to complete a background check

Section 87356 addresses the circumstances under which DSS will consider an exemption from criminal background check requirements and how to apply. CCLD has added information regarding background check exemptions to their Evaluator Manual.

Section 87356 was updated on October 1, 2020 to allow DUIs to be included as simplified criminal exemptions as multiple nonviolent misdemeanor convictions arising out of the same incident. The updated regulations also eliminate the requirement for criminal record exemption applicants to submit police reports, and the five-year eligibility requirement will be calculated based on the date of conviction, rather than date of release or probation completion.

Guardian

Guardian is an electronic data system designed to streamline the background check process by allowing users to access real-time rosters, see and make associations and disassociations, transferring an employee’s criminal record clearance, and allowing for uploading of exemption request packages, among other benefits. These new functions are especially important in the event of a disaster or outbreak  when the ability to quickly transfer staff is vital. Please note that transfers of criminal background check exemptions may have to be evaluated by the Care Provider Management Bureau prior to transferring through Guardian.

To get started, licensees must complete the Guardian Licensee User Access form. Licensees with multiple communities throughout the state can attach additional information rather than filling out multiple forms.

For a recording of a Guardian demonstration video, click here. Other information is accessible on the Guardian website, such as How to Add a New User to Your Guardian Account, a drop down menu for Agencies (facilities) with specific information, Resetting Your Password, and more.

If you have a general question you can send an email to Guardian@dss.ca.gov or let us know. For Guardian login support you can email GuardianLoginSupport@dss.ca.gov.

More Resources

PIN 24-02-CCLD Updated Guardian & Background Check Best Practices (Jan 2024)
Tips for Processing Applicants in Guardian (Dec 2023)
Guardian Webinar | Handouts (2/2/2022)
“Legal Issues Associated with Volunteers,” CALA News & Views Summer 2012 (Members Only)