SENIOR ASSEMBLY PROPOSAL NO. 25

INTRODUCED BY SENIOR ASSEMBLY MEMBER MOLNAR

LEGISLATIVE COUNSEL'S DIGEST

AP 25: CRIMES AGAINST ELDERS AND DEPENDENT ADULTS.

UNDER EXISTING LAW, IT IS A CRIME PUNISHABLE BY ENHANCED PENALTIES FOR A PERSON WHO KNOWS OR REASONABLY SHOULD KNOW THAT A PERSON IS AN ELDER OR DEPENDENT ADULT TO INFLICT PHYSICAL PAIN OR MENTAL SUFFERING UPON THAT ELDER OR DEPENDENT ADULT, OR TO WILLFULLY CAUSE OR PERMIT THAT ELDER OR DEPENDENT ADULT TO SUFFER OR CAUSE TO BE PLACED IN A SITUATION IN WHICH THE ELDER OR DEPENDENT ADULT’S HEALTH IS ENDANGERED. UNDER EXISTING LAW, CERTAIN PAID IN-HOME CARE PROVIDERS, INCLUDING CERTIFIED NURSE ASSISTANTS AND CERTIFIED HOME HEALTH AIDES, ARE REQUIRED TO UNDERGO CRIMINAL BACKGROUND CHECKS AS A CONDITION OF CERTIFICATION.

THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD REQUEST THE LEGISLATURE TO COMMISSION A STUDY REGARDING THE FEASIBILITY OF ESTABLISHING A STATE PROGRAM, IN CONJUNCTION WITH A NONPROFIT AGENCY, TO CONDUCT CRIMINAL BACKGROUND CHECKS ON ALL HOME SERVICE PROVIDERS AND IN-HOME CARE PROVIDERS FOR ELDER AND DEPENDENT ADULTS.

VOTE: MAJORITY.

AP 25: RELATING TO IN-HOME CARE PROVIDERS

WHEREAS, ELDERS AND DEPENDENT ADULTS MAY HAVE MENTAL OR PHYSICAL IMPAIRMENTS THAT MAKE THEM LESS ABLE TO PROTECT THEMSELVES, TO UNDERSTAND AND REPORT CRIMINAL CONDUCT, OR TO TESTIFY IN COURT PROCEEDINGS ON THEIR OWN BEHALF; AND

WHEREAS, CRIMES AGAINST ELDERS AND DEPENDENT ADULTS ARE PARTICULARLY DESTRUCTIVE GIVEN THE MENTAL AND PHYSICAL IMPAIRMENTS THEY FACE, PARTICULARLY BECAUSE THEIR ABILITY TO RECOVER FROM HARM IS SIGNIFICANTLY DIMINISHED; AND

WHEREAS, THE TYPES OF ABUSES COMMITTED AGAINST ELDERS AND DEPENDENT ADULTS INCLUDE FINANCIAL ABUSE, PHYSICAL ABUSE, NEGLECT, ISOLATION, FALSE IMPRISONMENT, AND MENTAL ABUSE; AND

WHEREAS, PERPETRATORS OF CRIMES AGAINST ELDERS AND DEPENDENT ADULTS ARE FREQUENTLY PERSONS THE ELDER OR DEPENDENT ADULTS KNOW AND TRUST, INCLUDING PERSONS WHO ARE EMPLOYED TO PROVIDE HOME SERVICES OR IN-HOME CARE SERVICES; AND

WHEREAS, EXISTING LAW REQUIRES MANY, BUT NOT ALL, PROVIDERS OF HOME SERVICES OR IN-HOME CARE SERVICES FOR ELDER AND DEPENDENT ADULTS TO UNDERGO A CRIMINAL BACKGROUND CHECK; AND

WHEREAS, IN ORDER TO PROTECT THE HEALTH AND WELFARE OF ELDERS AND DEPENDENT ADULTS, IT IS IMPORTANT TO ENSURE THAT ALL PERSONS WHO SERVE IN A POSITION OF TRUST BY PROVIDING HOME SERVICES OR IN-HOME CARE SERVICES TO ELDER AND DEPENDENT ADULTS HAVE NOT COMMITTED CRIMES WHICH SIGNAL A POTENTIAL FOR ABUSE BY REQUIRING THOSE PERSONS TO UNDERGO A BACKGROUND CHECK; AND

WHEREAS, THE REGULATION OF PERSONS WHO PROVIDE HOME SERVICES OR IN-HOME CARE TO ELDERS AND DEPENDENT ADULTS WOULD HELP PROTECT ELDERS AND DEPENDENT ADULTS FROM PREDATORS; 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 THE LEGISLATURE COMMISSION A STUDY REGARDING THE FEASIBILITY OF ESTABLISHING A STATE PROGRAM, IN CONJUNCTION WITH A NONPROFIT AGENCY, TO CONDUCT CRIMINAL BACKGROUND CHECKS ON ALL HOME SERVICE PROVIDERS AND IN-HOME CARE PROVIDERS FOR ELDER AND DEPENDENT ADULTS; 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.

- 0 -

RN 12 15739