SENIOR SENATE PROPOSAL NO. 2

INTRODUCED BY SENIOR SENATOR FROMM

(COAUTHORS: SENIOR ASSEMBLY MEMBERS TUCKER AND WIECK)

LEGISLATIVE COUNSEL’S DIGEST

SP 2: CRIMINAL BACKGROUND CHECKS: IHSS PROVIDERS.

UNDER EXISTING LAW, THE DEPARTMENT OF JUSTICE IS REQUIRED TO SEARCH CRIMINAL RECORDS TO DETERMINE WHETHER A PERSON HAS BEEN CONVICTED OR INCARCERATED FOR SPECIFIED CRIMES, AND PROVIDE SUBSEQUENT ARREST NOTIFICATION, IF AN EMPLOYER OF THE PERSON REQUESTS THE DETERMINATION AND SUBMITS FINGERPRINTS OF THE PERSON TO THE DEPARTMENT OF JUSTICE AND THE PERSON IS UNLICENSED AND PROVIDES NONMEDICAL DOMESTIC OR PERSONAL CARE TO AN AGED OR DISABLED ADULT IN THE ADULT’S OWN HOME.

THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD EXPLICITLY AUTHORIZE PUBLIC AUTHORITIES ESTABLISHED BY COUNTY ORDINANCES TO PROVIDE IN-HOME SUPPORTIVE SERVICES TO OBTAIN CRIMINAL BACKGROUND CHECKS AND SUBSEQUENT ARREST NOTIFICATION FOR IN-HOME SUPPORTIVE SERVICES PROVIDERS.

VOTE: MAJORITY.

SP 2: RELATING TO N-HOME SUPPORTIVE SERVICES

WHEREAS, 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 CHRONIC LIFE-THREATENING ILLNESSES, OR A RESIDENTIAL CARE FACILITY FOR THE ELDERLY, AND OTHER PERSONS INCLUDING NONCLIENTS WHO RESIDE IN THOSE FACILITIES, STAFF, AND EMPLOYEES; AND

WHEREAS, 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 LICENSURE, SUSPEND OR REVOKE ANY EXISTING LICENSE, AND DISAPPROVE OR REVOKE ANY EMPLOYMENT 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; AND

WHEREAS, 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, SUSPEND, OR REVOKE A CERTIFICATE IF THE APPLICANT OR CERTIFICATE HOLDER HAS BEEN CONVICTED OF CERTAIN CRIMES; AND

WHEREAS, EXISTING LAW REQUIRES THE DEPARTMENT OF JUSTICE TO SECURE ANY CRIMINAL RECORD TO DETERMINE WHETHER A PERSON HAS BEEN CONVICTED OR INCARCERATED 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 OF JUSTICE AND THE PERSON IS UNLICENSED AND PROVIDES NONMEDICAL DOMESTIC OR PERSONAL CARE TO AN AGED OR DISABLED ADULT IN THE ADULT’S OWN HOME; AND

WHEREAS, BACKGROUND CHECKS ARE REQUIRED OF MANY PERSONS AND ORGANIZATIONS WHO PROVIDE SERVICES TO THE ELDERLY AND INDIVIDUALS WITH DISABILITIES WHO ARE IN NEED OF SUPPORT; 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 2006 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT PUBLIC AUTHORITIES ESTABLISHED BY COUNTY ORDINANCE TO PROVIDE IN-HOME SUPPORTIVE SERVICES BE EXPLICITLY AUTHORIZED TO OBTAIN CRIMINAL BACKGROUND CHECKS AND SUBSEQUENT ARREST NOTIFICATION FOR IN-HOME SUPPORTIVE SERVICES PROVIDERS; AND BE IT FURTHER

RESOLVED, THAT THE CURRENT PROCEDURES AND GUIDELINES USED BY PUBLIC AUTHORITIES FOR IN-HOME SUPPORTIVE SERVICES PROVIDER BACKGROUND CHECKS BE MAINTAINED AND THAT SIGNED AUTHORIZATION FROM PROSPECTIVE CAREGIVERS BE REQUIRED PRIOR TO OBTAINING CRIMINAL BACKGROUND INFORMATION; AND BE IT FURTHER

RESOLVED, THAT THE COST OF THIS BACKGROUND CHECK, INCLUDING ANY ADDITIONAL ADMINISTRATIVE COSTS TO THE PUBLIC AUTHORITY, SHOULD BE BORN BY THE INDIVIDUAL RECIPIENT OF IN-HOME SUPPORTIVE SERVICES OR THE CAREGIVER SO THAT THERE WILL BE NO USE OF PUBLIC FUNDS; 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 SPEAKER OF THE ASSEMBLY, THE PRESIDENT PRO TEMPORE OF THE SENATE, AND THE GOVERNOR OF THE STATE OF CALIFORNIA.

RN20061901106

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