{"ref":"CA-HH-HR-04","title":"Criminal Record Clearances, Aide Registry Checks, and Fair Chance Hiring","category":"Human resources","summary":"Sets out the criminal record clearances and checks California requires for a home health agency: CDPH certification (which includes a Department of Justice criminal record clearance) and a check of the CDPH registry before hiring any certified home health aide or placing one in contact with patients; fingerprinting of owners, five percent interest holders, and the Administrator; and fair chance hiring rules for any background check the Agency runs for other staff.","inShort":["Every home health aide must hold a current certificate from the California Department of Public Health. We check the state registry before an aide is hired.","Your aide certificate expires on your birthday every two years. Renew it on time, or you cannot work as an aide.","We do not ask about criminal history before we make a job offer.","If the Department tells us an aide’s certificate is suspended or revoked, the aide stops aide work the same day.","Background results are kept private and used only for the hiring decision."],"primaryCitation":"Cal. Health & Safety Code §1736.4(c)","citations":["Cal. Health & Safety Code §1736.4(c)","Cal. Health & Safety Code §1736.1","Cal. Health & Safety Code §1736.2(a)","Cal. Health & Safety Code §1736.5","Cal. Health & Safety Code §1736.6","Cal. Health & Safety Code §1736.7(b)","Cal. Health & Safety Code §1728.1(a)(2)","Cal. Health & Safety Code §1728.1(c)","Cal. Health & Safety Code §1728.1(d)","Cal. Gov. Code §12952","Cal. Lab. Code §432.7"],"federalCitations":["42 CFR §1001.1901","42 CFR §484.80(a)"],"surveyorAsks":["Show me that you checked the CDPH registry before you hired this aide.","How do you know this aide’s certificate is still current?"],"forms":[{"ref":"CA-HH-HR-04-A","title":"Pre-Employment Clearance Checklist"}],"headings":["Terms of Reference","1. Purpose","2. Scope","3. Definitions","4. Policy Statement (Cal. Health & Safety Code §1736.4(c))","5. Home Health Aides","6. Owners, Interest Holders, and the Administrator","7. Other Staff: Fair Chance Hiring","8. Confidentiality of Results","9. Responsibilities","10. Records and Compliance Monitoring","11. Staff Training","12. References","13. Related Policies and Forms","14. Approval","15. Revision History"],"version":"1.0","sample":false,"pack":"ca-hha","state":"California","service":"Home health","guides":[{"path":"/guides/home-health-agency-policies/","h1":"What policies and procedures are required for home health agencies?"},{"path":"/guides/home-health-conditions-of-participation/","h1":"Home health Conditions of Participation: which policies each one needs"}],"agency":{"name":"Sample Agency","legalName":"Sample Agency, LLC","logo":null}}