SENIOR ASSEMBLY PROPOSAL NO. 12

INTRODUCED BY SENIOR ASSEMBLY MEMBER MANN

LEGISLATIVE COUNSEL'S DIGEST

AP 12: IN-HOME SUPPORTIVE SERVICES: BACKGROUND CHECKS.

UNDER EXISTING LAW, UNDER EXISTING LAW, ALLOCATIONS ARE PROVIDED TO COUNTIES TO, AMONG OTHER THINGS, PROVIDE IN-HOME SUPPORTIVE SERVICES FOR ELDERS AND OTHERS IN NEED OF THOSE SERVICES.

UNDER EXISTING LAW, AN ADULT PROTECTIVE SERVICES SYSTEM IS ESTABLISHED FOR THE PREVENTION, IDENTIFICATION, REPORTING, INVESTIGATION, AND PROSECUTION OF ELDER ABUSE.

THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD REQUIRE IN-HOME SUPPORTIVE SERVICES CAREGIVERS TO SUBMIT FINGERPRINTS TO THE STATE AND TO UNDERGO A BACKGROUND CRIMINAL HISTORY CHECK TO DETERMINE SUITABILITY TO PARTICIPATE IN THE PROGRAM AS A CAREGIVER.

VOTE: MAJORITY.

AP12: RELATING TO IN-HOME SUPPORTIVE SERVICES

WHEREAS, THE STATE OF CALIFORNIA ADMINISTERS THE MEDI-CAL PROGRAM WHICH, IN PART, FUNDS THE IN-HOME SUPPORTIVE SERVICES PROGRAM; AND 

WHEREAS, THE IN-HOME SUPPORTIVE SERVICES PROGRAM PROVIDES NEEDED IN-HOME SERVICES FOR A DISABLED OR ELDERLY PERSON WHO IS UNABLE TO CARE FOR HIM OR HERSELF; AND

WHEREAS, THE PERSON IN NEED OF IN-HOME SUPPORTIVE SERVICES IS, BY THE VERY NATURE OF HIS OR HER CONDITION, OFTEN VULNERABLE AND IN NEED OF PROTECTION FROM POTENTIAL ABUSE; AND

WHEREAS, IN SIMILAR SETTINGS IN WHICH STATE-FUNDED CARE IS PROVIDED TO VULNERABLE PERSONS, THE CAREGIVER IS REQUIRED TO UNDERGO A CRIMINAL BACKGROUND CHECK IN ORDER TO DETERMINE HIS OR HER SUITABILITY AS A CAREGIVER; NOW, THEREFORE, BE IT

RESOLVED, BY THE SENIOR ASSEMBLY AND THE SENIOR SENATE, JOINTLY, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA AT ITS 2003 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT THE IN-HOME SUPPORTIVE SERVICES PROGRAM REQUIRE CAREGIVERS TO SUBMIT FINGERPRINTS TO THE STATE AND TO UNDERGO A BACKGROUND CRIMINAL HISTORY CHECK TO DETERMINE SUITABILITY TO PARTICIPATE IN THE PROGRAM AS A CAREGIVER; AND BE IT FURTHER

RESOLVED, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA RESPECTFULLY MEMORIALIZES THE LEGISLATURE AND THE GOVERNOR TO ENACT APPROPRIATE LEGISLATION THAT WOULD ADDRESS THE CONCERNS SET FORTH IN THIS MEASURE; AND BE IT FURTHER

RESOLVED, THAT A COPY OF THIS MEASURE BE TRANSMITTED TO THE SPEAKER OF THE ASSEMBLY, THE PRESIDENT PRO TEMPORE OF THE SENATE, AND THE GOVERNOR OF THE STATE OF CALIFORNIA.