Budget would remove felons from home care jobs
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The budget package lawmakers are set to vote on Thursday includes new rules that would restrict violent felons from working in the state’s massive home healthcare program. A Times report last month revealed that scores of people convicted of crimes such as rape, elder abuse and assault with a deadly weapon are permitted to care for some of California’s most vulnerable residents through the In-Home Supportive Services program.
As a result of a recent court ruling, only a history of specific types of child abuse, elder abuse or defrauding of public assistance programs could previously disqualify a person. But not all perpetrators of even those crimes could be blocked. Investigators were learning about the criminal histories through new background checks employees of IHSS are required to undergo -– but privacy laws had prevented the government from informing program recipients about any criminal history their care provider might have.
The new rules change that. Under AB 1612 and SB 856, which were drafted by legislative committee and included in the package of budget bills expected to be approved by the Legislature on Thursday, the state would broaden the felony convictions that could discqualify a person from working in the program. The care recipient would be informed that the person they have chosen to provide their care has been disqualified and given the reason why.
But the recipient would also have the option of getting a waiver that would allow felons to care for them, as long as the conviction does not fall into the categories child abuse, elder abuse or welfare fraud. The waiver provision was added at the insistence of activists who expressed concern that people in need would lose a trusted provider for dated convictions on a minor offense. The activists also noted that many of the people employed by the program are being paid to care for releatives or close friends who would choose to keep them regardless of criminal history.
-- Evan Halper in Sacramento