Home Care Services Consumer Protection Act (HCSCPA) and Criminal Background Check
The HCSCPA Act took effect on January 1, 2016. The Home Care Aide Registry is an online site which list registered home care aides and home care aide applicants that is maintained by the California Department of Social Services (CDSS).
Criminal Background CheckThe CDSS will require a criminal background check and all convictions other than minor traffic violations will require an exemption. This means all misdemeanor and felony crimes. If CDSS concludes that an individual has been convicted of a crime, that person cannot work or be present in any community care facility unless they have a criminal record exemption from the Community Care Licensing Division, Caregiver Background Check Bureau (CBCB).
Exemption DocumentAll crimes except those deemed to be serious crimes that the CDSS has prohibited from granting an exemption requires an exemption document. Examples of serious crimes are sexual battery, child abuse, elder abuse, robbery, and rape. There are fees associated with the criminal background check--the California Department of Justice fee is $32, the FBI fee is $17 and fingerprint fees varies and depends on the location where they are taken. However, there is no CDSS fee for the criminal record exemption process.
Individuals remain active in the Licensing Division database for three years.Individuals remain active in the Licensing Division database for three years. If after three years of inactivity, the individual would need to submit new fingerprints. Additionally, if an individual does not complete the application process or complete the exemption process, the Licensing Division notifies the Justice Department to stop sending the criminal history for that individual and that person will be required to submit new fingerprints if they apply at a later date.
The criminal history information received by the Licensing Division includes all arrests, misdemeanors, and felonies. All home care aides affiliated with a home care organization must be listed on the Home Care Aide Registry prior to providing home care services. The home care aides/caregivers must self-disclose their conviction on the Criminal Record Statement during the initial application process.
The applicant will also be provided a written notice of all criminal history received from the Justice Department and the FBI. I have had clients inquire if their DMV records are included in the background check process and it is not. But, a DUI arrest and/or conviction will be reported.