Criminal Background Checks in Assisted Living

Assisted Living staff, volunteers (with some exceptions), and employees must have criminal background check clearance prior to their initial presence in a facility. This information will help you navigate the process.

Background Check Regulations

Section 87355 of the RCFE regulations addresses the requirements for criminal background checks. This section includes information on who must be fingerprinted, who is exempt from the background check requirement, as well as the process and forms necessary to complete a background check.

In addition, Section 87356 addresses the circumstances under which the department will consider an exemption from the criminal background check requirements and how to apply. Community Care Licensing has added information to their Evaluator Manual regarding background check exemptions as well.

Criminal Background Check Manual

CALA Members Only
In order to help Assisted Living providers with the criminal background check process, CALA developed a Criminal Background Check Manual available free to CALA members. The manual includes information on the process, and helps explain who must have a background check clearance. It also includes a CALA Legal Update regarding Background Checks, information on how to obtain a clearance for an employee, a list of live scan sites throughout California, and applicable CCL forms. This manual is not currently available to non-members.

CBC Clearance Transfers Submitted Before Work

Transferring an employee’s criminal record clearance to an additional or new community sometimes gets confusing. The employee does not have to wait for confirmation from licensing before beginning work in the additional or new community. Section 7-1100 of the Evaluator Manual states:

All clearance transfer requests must be submitted to the Department before the subject, who is subject to the transfer, has client contact or the licensee will be in violation of the law and subject to a $100 civil penalty. A subject need not wait for a confirmation of the transfer before he/she can begin work or be present in the facility.

This is especially important in the event of a disaster or outbreak when the ability to quickly transfer staff is vital. Please note that this does not apply to transfers of criminal background check exemptions.

Note: This information was originally published in the October 2009 CALA Bulletin

Related CALA Articles

Bulletin Article — CBC Concerns: September 2008
You interview several candidates for an open position at your community. You do call backs, you check references, you offer the job to the perfect candidate. You sit down with your new employee, filling out all of the new hire paperwork, and as one final step you begin the criminal background check process. After the employee goes to the Livescan location to have their fingerprints taken you wait. And wait. And it seems as though you've been waiting far too long with no word. Sound familiar? More...