SENIOR ASSEMBLY PROPOSAL NO. 20

INTRODUCED BY SENIOR ASSEMBLY MEMBER KROHN

LEGISLATIVE COUNSEL'S DIGEST

AP 20: CALIFORNIA CARE-RECEIVER PROTECTION ACT OF 2012.

UNDER EXISTING LAW, QUALIFIED AGED, BLIND, AND DISABLED PERSONS MAY BE PROVIDED WITH PERSONAL ASSISTANCE, SUCH AS SUPPORTIVE SERVICES FOR ASSISTANCE WITH BATHING, DRESSING, AND GROOMING.

THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD REQUIRE EVERY PERSON WHO WORKS AS A CAREGIVER TO PASS A CRIMINAL BACKGROUND CHECK AND DRUG TEST BEFORE PROVIDING IN-HOME ASSISTANCE TO CALIFORNIA’S ELDERLY, BLIND, AND DISABLED POPULATIONS.

VOTE: MAJORITY.

AP 20: RELATING TO CALIFORNIA CARE-RECEIVER PROTECTION ACT OF 2012

WHEREAS, UNDER EXISTING LAW, QUALIFIED AGED, BLIND, AND DISABLED PERSONS MAY BE PROVIDED WITH PERSONAL ASSISTANCE, SUCH AS SUPPORTIVE SERVICES FOR ASSISTANCE WITH BATHING, DRESSING, AND GROOMING, BY ANY PERSON TO PERMIT THE ELDERLY OR DISABLED PERSON TO REMAIN SAFELY IN HIS OR HER HOME IN ACCORDANCE WITH THE OBJECTIVES OF THE UNITED STATES SUPREME COURT DECISION IN OLMSTEAD V. L.C. (1999) 527 U.S. 581; AND

WHEREAS, THERE IS NO LEGAL REQUIREMENT MANDATING CAREGIVERS TO PASS A CRIMINAL BACKGROUND CHECK OR DRUG TEST BEFORE PROVIDING SERVICES TO CALIFORNIA’S ELDERLY AND DISABLED POPULATIONS IN UNREGULATED ENVIRONMENTS, SUCH AS AN ELDERLY PERSON’S HOME, THE HOME OF RELATIVES WHERE AN ELDERLY PERSON MAY RESIDE, OR PUBLIC SHELTERS. AS A RESULT, THIS EFFECTIVELY LEAVES ELDERLY, BLIND, AND DISABLED PERSONS VULNERABLE TO PHYSICAL ABUSE, FINANCIAL ABUSE, INADEQUATE CARE, AND HARM PERPETRATED BY CAREGIVERS; AND

WHEREAS, CURRENTLY IN CALIFORNIA, THERE ARE AN UNDISCLOSED NUMBER OF INDIVIDUAL CAREGIVERS PROVIDING IN-HOME CARE TO VULNERABLE QUALIFIED AGED, BLIND, AND DISABLED PERSONS WHO RELY ON THESE CAREGIVERS TO PROVIDE IN-HOME PERSONAL ASSISTANCE WITH ACTIVITIES OF DAILY LIVING; AND

WHEREAS, EXISTING LAW ALLOWS FOR THE PROVISION OF IN-HOME ASSISTANCE BY COUNTY APPROVED STAFF THROUGH THE STATE RUN IN-HOME SUPPORTIVE SERVICES (IHSS) PROGRAM THAT IS ADMINISTERED BY THE STATE DEPARTMENT OF SOCIAL SERVICES WITHIN THE CALIFORNIA HEALTH AND HUMAN SERVICES AGENCY; AND

WHEREAS, ALL OTHER IN-HOME CARE ENTITIES IN CALIFORNIA REMAIN UNREGULATED. THERE ARE AN ESTIMATED 1,200 IN-HOME CARE AGENCIES OPERATING ACROSS THE STATE. HOWEVER, NO ONE KNOWS THE EXACT SIZE OF THE IN-HOME CARE INDUSTRY IN THE STATE. THIS EFFECTIVELY LEAVES THE PROVISION OF IN-HOME ASSISTANCE TO UNCERTIFIED AND UNLICENSED CAREGIVERS. THE ELDERLY, BLIND, AND DISABLED RESORT TO EMPLOYING CAREGIVERS FROM PRIVATE AGENCIES, RECEIVING TEMPORARY TO PERMANENT ASSISTANCE FROM FAMILY MEMBERS, CLOSE FAMILY FRIENDS, AND LOOSE ACQUAINTANCES; AND

WHEREAS, THE ELDERLY, BLIND, AND DISABLED POPULATIONS ARE UNABLE TO EFFECTIVELY ADVOCATE FOR THE SCREENING OF CAREGIVERS IN CALIFORNIA; 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 2012 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT A STATE LAW BE ENACTED REQUIRING EVERY PERSON WHO WORKS AS A CAREGIVER TO PASS A CRIMINAL BACKGROUND CHECK AND DRUG TEST BEFORE PROVIDING IN-HOME ASSISTANCE TO CALIFORNIA’S ELDERLY, BLIND, AND DISABLED POPULATIONS; AND BE IT FURTHER

RESOLVED, THAT A CAREGIVER SHALL BEAR THE FULL COST AND RESPONSIBILITY OF OBTAINING A CRIMINAL BACKGROUND CHECK AND DRUG TEST; AND BE IT FURTHER

RESOLVED, THE STATE, COUNTY, AND LOCAL AUTHORITIES SHALL HAVE THE AUTHORITY TO CRIMINALLY CHARGE A CAREGIVER WHO FAILS TO ADHERE TO THE NEW LAW; AND BE IT FURTHER

RESOLVED, THAT A CAREGIVER, AFTER PASSING BOTH THE BACKGROUND CHECK AND DRUG TEST, BE GRANTED A ONE YEAR SPECIAL PERMIT THAT WOULD BE SUBJECT TO RENEWAL ON AN ANNUAL BASIS; AND BE IT FURTHER

RESOLVED, THAT A CARE-RECIPIENT MAY HIRE A CAREGIVER WITH A CRIMINAL BACKGROUND IF HE OR SHE SIGNS A WAIVER ACKNOWLEDGING THAT THE CAREGIVER HAS A CRIMINAL BACKGROUND BUT HE OR SHE STILL WANTS THAT PERSON AS HIS OR HER CAREGIVER; 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.

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RN 12 16593