CWES Assessment - Occupational Background Checks

To prevent any potential problems that may result from a client’s failure to pass any required background checks, clients must be made aware of the CCL background check requirements for the following areas of employment:

  • Family child care homes
  • Child care centers
  • Early Childhood Education
  • Certified Nursing Assistant
  • Any other areas where a background check is required.

Generally, this requires that the individual submit fingerprints to the DOJ, and clear a:

  • California background check,
  • FBI national background check, and
  • Child Abuse Central Index check.

Additionally, most license-exempt child care providers must also clear a criminal record background check through the TrustLine Registry system and meet basic health and safety requirements in order to receive payment for subsidized child care services.

Refer to TrustLine and Health & Safety for more information about TrustLine.

Denial of Clearance

If clearance is denied, an exemption to the denied clearance may be allowed if the individual:

  • Has a conviction that meets specific exemption criteria, and
  • Does not pose a threat to individuals for whom providing care.

A client can request an exemption with CCL for a criminal conviction only if they do not have a non-exempted conviction. An exemption will be approved only if the individual meets specific exemption criteria.

Note: These exemptions are determined by the DOJ.

CWES Actions

If the EC is aware that a client has a criminal history that will result in the denial of a clearance and exemption, the worker must not proceed with a WTW Plan preparing the client for an occupation or employment in a field that requires a background check. Instead, an alternative plan that is within the client’s abilities to achieve must be explored and developed.

Non-Exempted Crimes List

The following is a list of non-exempted crimes:

California Penal Code

Crime

California Penal Code

Crime

187

Murder or voluntary manslaughter

192

Attempted murder

203, 205

Mayhem, Attempted Mayhem

207(b)

Kidnapping to commit child molestation*

208(b)

Kidnapping a child under 14

208(d)

Kidnapping with intent to commit specified sex offenses*

215(b)

Carjacking, if person is charged and convicted of 12022(b) in the commission of the carjacking

220

Assault with intent to commit sexual crime or mayhem*

243.4

Sexual battery*

261(2)

Rape*

261(a)(6)

Forcible rape*

262(a)(1)

Forcible spousal rape*

264.1

Rape in concert by force or violence*

264.17

In concert rape*

266

Enticing a minor into prostitution*

266c

Consent to sexual intercourse by fear or fraud*

266h(b)

Pimping a minor*

266j

Providing a minor under 16 for lewd or lascivious acts*

266j(b)

Pandering a minor*

267

Abduction for purpose of prostitution*

269

Aggravated assault of a child*

272

Contributing to the delinquency of a minor involving lewd or lascivious conduct*

273a(a) 273a(1)

Child abuse or neglect*

273d

Corporal punishment or injury of a child (before 1/77)*

285

Incest*

286

Sodomy*

288

Child molestation*

288a

Oral copulation*

288.2

Distributing lewd material to children (felony convictions only)*

288.5

Continuous child sexual abuse*

289

Rape by penetration with a foreign object*

290(a)

All crimes for which one must register as a sex offender including attempts and not guilty by insanity (crimes marked with an asterisk*)

311.10

Advertising/distributing child pornography*

311.2(b), (c), (d)

Transporting or distributing child-related pornography*

311.1

Sexual exploitation of a child*

311.4

Using a minor to assist in making or distributing child pornography*

311.11

Possessing child pornography*

314(1) 314(2)

Lewd or obscene exposure of private parts (only if finding that required to register)*

368(a) 368(b)

Elder or dependent adult abuse

451(a)

Arson causing great bodily injury

647.6

Child molestation*

647(d)

Disorderly conduct for loitering abound a public toilet to solicit sex*

653f(c)

Solicit another to commit rape, sodomy, etc.*

12022(b)

Any robbery perpetrated in an inhabited dwelling house, vessel, or inhabited trailer coach, and with the use of a weapon

12308

Exploding or attempting to explode device to commit murder

12022.5 or 12022.53

Any felony in which defendant uses a firearm and is convicted under either of these sections

Any felony in which the defendant uses a firearm punishable by death or life imprisonment in the state prison, but not indeterminate sentence (e.g., 5 years to life)

Any felony in which the defendant (not an accomplice) inflicts great bodily injury on any person which has been charged and proven as provided in Section 12022.7 0r 12022.9 (after 7/1/77) or 213, 264, and 461 (before 7/1/97)

Any person convicted of the attempt to commit any of the above-mentioned offenses

 

* Refer to California Penal Code 290(a) - defendant must register as a sex offender.

Related Topics

CWES Assessment Overview

CWES Assessment - Disclosure of Medical Condition, Domestic Abuse, Mental Health, or Substance Abuse

CWES Assessment - When to Refer for Assessment

CWES Assessment - CalWORKs 2.0

CWES Assessment - Referral for Assessment

CWES Assessment - Adult Education Transfers to Community College

CWES Post-Assessment Referrals After a Break In Cash Aid

CWES In-House Assessment Referral Procedures

CWES Assessment - Referrals to Gavilan College

CWES Assessment - Outcome of In-House Assessment Referral

CWES Assessment - Completion

CWES Assessment - Tools And Process

CWES Post-Assessment Welfare-to-Work (WTW) Plan Development Process

CWES Assessment - Referral Summary Chart

CWES Assessment - Third-Party Assessment Procedures

CWES Assessment - Physical and Mental Capacities Questionnaires

CWES Assessment - Learning Disabilities