SENIOR SENATE PROPOSAL NO. 8

INTRODUCED BY SENIOR SENATOR FROMM

(COAUTHOR:  SENIOR ASSEMBLY MEMBER TUCKER)

LEGISLATIVE COUNSEL'S DIGEST

SP 8:  BACKGROUND CHECKS OF HOME ASSISTANCE WORKERS.

UNDER EXISTING LAW, THE STATE DEPARTMENT OF HEALTH SERVICES IS REQUIRED TO PERFORM A CRIMINAL RECORD CHECK ON AN APPLICANT FOR A LICENSE OR SPECIAL PERMIT TO OPERATE OR MANAGE A COMMUNITY CARE FACILITY, A RESIDENTIAL CARE FACILITY FOR PERSONS WITH A CHRONIC LIFE-THREATENING ILLNESS, AND A RESIDENTIAL CARE FACILITY FOR THE ELDERLY, AND OTHER PERSONS, INCLUDING NONCLIENTS, WHO RESIDE IN THESE FACILITIES, STAFF, AND EMPLOYEES.

UNDER EXISTING LAW, THE STATE DEPARTMENT OF MENTAL HEALTH IS REQUIRED, PRIOR TO LICENSURE OR FIRST RENEWAL OF A LICENSE OF ANY PERSON TO OPERATE OR MANAGE CERTAIN FACILITIES PROVIDING MENTAL HEALTH SERVICES, TO PERFORM A PRESCRIBED CRIMINAL RECORD CHECK AND TO DENY ANY APPLICATION FOR A LICENSE, SUSPEND OR REVOKE ANY EXISTING LICENSE, AND DISAPPROVE OR REVOKE ANY EMPLOYMENT OR CONTRACT FOR DIRECT CARE SERVICES, IF THE APPLICANT, LICENSEE, EMPLOYEE, OR DIRECT SERVICES CONTRACTOR HAS BEEN CONVICTED OF, OR INCARCERATED FOR, SPECIFIED CRIMES WITHIN A PRESCRIBED PERIOD.

EXISTING LAW REQUIRES A CRIMINAL RECORD CLEARANCE TO BE MADE FOR ALL NURSE ASSISTANTS AND HOME HEALTH AIDES AND REQUIRES THE STATE DEPARTMENT OF HEALTH SERVICES TO DENY A TRAINING AND EXAMINATION APPLICATION AND DENY, SUSPEND, REVOKE A CERTIFICATE IF THE APPLICANT OR CERTIFICATE HOLDER HAS BEEN CONVICTED OF CERTAIN CRIMES.

EXISTING LAW REQUIRES THE DEPARTMENT OF JUSTICE TO SECURE ANY CRIMINAL RECORD TO DETERMINE WHETHER THE PERSON HAS BEEN CONVICTED OF, OR INCARCERATED WITHIN THE LAST 10 YEARS FOR, SPECIFIED CRIMES, AND TO PROVIDE SUBSEQUENT ARREST NOTIFICATION, IF AN EMPLOYER OF THE PERSON REQUESTS THE DETERMINATION AND SUBMITS FINGERPRINTS OF THE PERSON TO THE DEPARTMENT AND THE PERSON IS UNLICENSED AND PROVIDES NONMEDICAL DOMESTIC OR PERSONAL CARE TO AN AGED OR DISABLED ADULT IN THE ADULT'S OWN HOME.

UNDER EXISTING LAW, AREA AGENCIES ON AGING ARE LOCAL UNITS ON AGING THAT ARE SUPPORTED FROM AN ARRAY OF SOURCES.  AREA AGENCIES ON AGING FUNCTION AS THE COMMUNITY LINK AT THE LOCAL LEVEL FOR DEVELOPMENT OF HOME- AND COMMUNITY-BASED SERVICES PROVIDED UNDER THE CALIFORNIA DEPARTMENT OF AGING'S PROGRAMS. AREA AGENCIES ON AGING ARE TO HAVE A VISIBLE FOCAL POINT OF CONTACT WHERE ANYONE CAN GO OR CALL FOR HELP, INFORMATION, OR REFERRAL ON ANY AGING ISSUE.

THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD AUTHORIZE AREA AGENCIES ON AGING, ON BEHALF OF ELDERS AND INDIVIDUALS WITH DISABILITIES WHO ARE IN NEED OF SUPPORT, WHO DESIRE TO STAY IN THEIR HOMES, AND NEED SOME ADDITIONAL ASSISTANCE, TO OBTAIN CRIMINAL RECORD INFORMATION TO DETERMINE WHETHER A CURRENT OR PROSPECTIVE HOME CAREGIVER HAS BEEN CONVICTED OF, OR INCARCERATED WITHIN THE LAST 10 YEARS FOR, SPECIFIED CRIMES, AND TO RECEIVE SUBSEQUENT ARREST NOTIFICATION FROM THE DEPARTMENT OF JUSTICE. 

VOTE:  MAJORITY.

SP 8:  RELATING TO BACKGROUND CHECKS OF HOME ASSISTANCE WORKERS

WHEREAS, BACKGROUND CHECKS ARE REQUIRED OF MANY PERSONS AND ORGANIZATIONS WHO PROVIDE SERVICES TO THE ELDERLY AND INDIVIDUALS WITH DISABILITIES WHEN ARE IN NEED OF SUPPORT; AND

WHEREAS, ELDERS AND INDIVIDUALS WITH DISABILITIES WHO ARE IN NEED OF SUPPORT, WHO DESIRE TO STAY IN THEIR HOMES, AND NEED SOME ADDITIONAL ASSISTANCE CANNOT, AS INDIVIDUALS, OBTAIN A BACKGROUND CHECK ON A CURRENT OR PROSPECTIVE CAREGIVER; NOW, THEREFORE, BE IT

RESOLVED, BY THE SENIOR SENATE AND THE SENIOR ASSEMBLY 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 AREA AGENCIES ON AGING BE AUTHORIZED, ON BEHALF OF ELDERS AND INDIVIDUALS WITH DISABILITIES WHO ARE IN NEED OF SUPPORT, WHO DESIRE TO STAY IN THEIR HOMES, AND NEED SOME ADDITIONAL ASSISTANCE, TO OBTAIN CRIMINAL RECORD INFORMATION TO DETERMINE WHETHER A CURRENT OR PROSPECTIVE HOME CAREGIVER HAS BEEN CONVICTED OF, OR INCARCERATED WITHIN THE LAST 10 YEARS FOR, THOSE CRIMES ENUMERATED IN SECTION 15660 OF THE WELFARE AND INSTITUTIONS CODE, AND TO RECEIVE SUBSEQUENT ARREST NOTIFICATION FROM THE DEPARTMENT OF JUSTICE; AND BE IT FURTHER

RESOLVED, THAT GUIDELINES BE ESTABLISHED TO REQUIRE THAT AREA AGENCIES ON AGING MAY REQUEST A BACKGROUND CHECK OF A CURRENT OR PROSPECTIVE CAREGIVER ONLY AFTER HE OR SHE FIRST FURNISHES A COMPLETE SET OF FINGERPRINTS OR OBTAINS A FINGERPRINT SCAN USING LIVESCAN TECHNOLOGY, COMPLETES AND SIGNS A STATEMENT REGARDING PAST CRIMINAL HISTORY, AND PROVIDES A SIGNED AUTHORIZATION TO RELEASE INFORMATION; AND BE IT FURTHER

RESOLVED, THAT CURRENT AND PROSPECTIVE CAREGIVERS MAY BE ASSESSED A REASONABLE FEE SUFFICIENT TO PAY THE COSTS OF OBTAINING BACKGROUND CHECKS; AND BE IT FURTHER

RESOLVED, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA RESPECTFULLY MEMORIALIZES THE LEGISLATURE AND THE GOVERNOR OF THE STATE OF CALIFORNIA 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 PRESIDENT PRO TEMPORE OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE GOVERNOR OF THE STATE OF CALIFORNIA.

RN0316348

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