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 departments, 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...
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