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 - 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 - 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