Transferring a Criminal Record Exemption to a New Facility
State statutes require that all community care license applicants be fingerprinted. Also, all adults who work in licensed community care facilities or home care organizations must be fingerprinted. And all home care aide applicants, whether independent or affiliated to a home care organization, must be fingerprinted.
Before an individual can obtain a community care license, provide services, work or reside in the facility, he/she must receive a criminal record clearance, or an exemption from the clearance provision, from the Caregiver Background Check Bureau (CBCB). An individual convicted of any crime is disqualified unless CBCB grants an exemption from disqualification.The CBCB may grant an exemption if the individual’s criminal history meets all criteria specified in the regulations and he/she submits substantial and convincing evidence of good character and rehabilitation.
Once granted, a criminal record exemption can be transferred from one licensed community care facility to another, if certain conditions are met. Exemption transfers require the review of the prior criminal record exemption.
An expedited transfer process was implemented where a letter is sent to the licensee within one week of the date the request is received at CBCB. This letter informs the licensee whether or not the individual can begin working during the exemption review process.
Transferring a Criminal Record Exemption Between State Licensed Facilities, the Home Care Services Registry, or TrustLine Registry:
Active criminal record exemptions may be transferred between state licensed facilities, Home Care Aide Registry, or the TrustLine Registry program. If an individual has an active exemption, he/she should not be re-fingerprinted. Requiring the individual to be reprinted may delay processing the exemption transfer. Licensees or license applicants may contact their local Community Care Licensing office to verify the individual's status.
To request a criminal record exemption transfer between state licensed facilities or the Home Care Aide Registry, a licensee or a license applicant must complete and submit to CBCB the Criminal Record Exemption Transfer Request (LIC 9188) Form and attach the following:
- Criminal Record Statement (LIC 508) Form
- Job Duty Statement
- Copy of one of the following forms of Photo Identification: California Driver's License/I.D. Card, Alien Registration Card, or a numbered pictured I.D. issued from another state if the individual is not a California resident
Transfers to more than one facility may be requested on a single form by attaching a listing that includes the facility names and facility numbers.
Transfer requests from the TrustLine Registry to state licensed facilities must be on the TrustLine to Community Care Licensing Criminal Background Clearance Transfer Request (TLR3) Form.
For transfer requests from state licensed facilities to the TrustLine Registry, please call TrustLine at (800) 822-8490 for guidance on which forms to complete and submit.
The CBCB will issue a letter confirming that the transfer request has been received and will indicate whether or not the individual may work or be present at the new facility while the transfer request is pending. Individuals seeking to transfer to the same facility type or from one facility to another location under the same licensee are likely to be able to work at the new facility while the transfer request is pending. Exceptions include transfer requests where the exemption is conditional or exemptions where the individuals have subsequent criminal history.
The individual’s physical presence in the facility must be approved by the Department of Social Services before the individual who is the subject of the transfer has client contact for the licensee to be in compliance with the law. Licensees/license applicants will be notified of the transfer decision by letter.
Transferring a Criminal Record Exemption Between County Licensed Agencies or Between State and County Licensed Agencies — Family Child Care, Foster Family Homes and Certified Homes Only:
Active criminal record exemptions may be transferred between contracting county licensing agencies and between contracting county licensing agencies and state licensing agencies, provided the transfer is within the same licensing category. For example, Family Child Care Home to Family Child Care Home and Foster Family Home to Foster Family Home transfers are allowed. Certified Family Homes are defined by the Department of Justice as the same facility type as licensed Foster Family Homes, therefore, transfers between Foster Family Agency certified homes and county licensed Foster Family Homes are allowed. County and state licensing offices can provide specific details and instructions.
The following additional information and materials are available to help you.