21.3: Requirements And Qualifications Of Staff Section 101152

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Amanda Taintor

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Section 101152

A criminal background check is required for people who work or regularly spend time in a licensed childcare center or for anyone who resides in a private home where a family childcare facility operates.

There are different background check requirements for family childcare homes and childcare centers.

Every adult who works or lives in the household must undergo a background check for family childcare homes. Including residents who:

are not providing care directly to children,
are not on the premises during caregiving hours,
children 18 years of age or older, or who turn 18 while still living in the home,
and any adult living in a different part of the home, such as an in-law unit, a rented room, or a rented guesthouse on the same property as the family childcare home.

Everyone who works or volunteers at a center must undergo a background check, with a few exceptions for center-based facilities.

These exceptions include:

Specific volunteers who provide time-limited services do not need to obtain a criminal record clearance.
For example, medical professionals who have already been cleared as a condition of licensure
college students who volunteer less than 16 hours per week, are not left alone with children and are directly supervised at all times by an employee with a criminal record clearance.
Legal guardians or relatives of the children in care also don't need a criminal record clearance.

Adults must obtain a criminal record clearance to work in a licensed childcare facility. Beyond minor traffic violations, adults with a prior criminal history can request a criminal record exemption if they have not been convicted of a felony or any crime perpetrated against children. Relatives of the children in care and specific volunteers are not required to obtain a clearance. Also, in both family childcare homes and childcare centers, if you cannot provide documentation that everyone who has access to your facility has undergone a required background check, you will be subject to a type A citation and a civil penalty. [1]

Additional Resources:

Background Check Requirements for Caregivers

What is a Civil Penalty?

Infant Care Center Director Qualifications And Duties Summary Section 101415

An infant center director must meet the requirements of Section 101215.1, and the following:

Experience requirements shall be completed in an Infant Care Center or a comparable group child care program with children less than five years of age.
At least three semester units completed must be related to infant care.
The director shall appoint a substitute director when the infant director is temporarily away from the Center.
In centers where an assistant director is required, the assistant director shall act as a substitute.
A fully qualified infant care teacher can act as a substitute for the director or the assistant director.
If the director's absence is more than 30 consecutive days, a substitute director shall meet the qualifications of a director.[2]

Assistant Infant Care Center Director Qualifications And Duties Summary Section 101415.1

An assistant director shall be present if the Center has 25 or more infants in attendance. The assistant director has to be a fully qualified infant teacher and has completed, with passing grades, at least three-semester units in administration at an approved college. This course work may be completed within one year of employment of the assistant director.
The assistant director shall work under the direction of the center director.

Infant Care Teacher Qualifications Duties Summary Section 101416.2

In addition to Section 101216.1, infant care teachers need to have taken and passed at least 3 semesters units in early childhood education or child development and 3-semester units in the care of infants from an approved college.
After employment, a teacher who has not completed the 12 required semester units shall complete with passing grades, at least 2 units each semester until the 12-semester units are completed.
To be a fully qualified infant care teacher, they shall:
Complete 12-semester units, with passing grades, in early childhood education or child development. At least 3 units shall be related to the care of infants.
Have a least six months of experience in a licensed infant care program or comparable program for children under five years old. [1] [2]

Infant Care Aide Qualification And Duties Summary Section 101416.3

An aide must work under the supervision of the director or a fully qualified teacher, except when observing sleeping infants.
Aides shall participate in an on-the-job training program.
An aide shall provide direct care and supervision to infants.[2]

[1] California Department of Social Services . Care Center General Licensing Requirements

[2] Appendix B- Title 22 Licensing Regulation Highlights is shared under a CC BY license and was authored, remixed, and/or curated by Jennifer Paris