{"ref":"LA-HC-HR-02","title":"Criminal History and Security Checks","category":"Human resources","summary":"Sets how the Agency obtains a criminal history and security check from the Louisiana State Police or an authorized agency before offering employment, when a person may start temporary or conditional employment pending results, which convictions bar employment under R.S. 40:1203.3 as amended by Act 802 of 2026, and how the final disposition of every charge is documented.","inShort":["Louisiana law requires a criminal history and sex offender registry check before you are offered a job.","Giving false information about your criminal history to an employer is a crime.","If you start before results come back, you work only with a permanent employee or a client's family member present.","Some convictions, including similar ones from other states, bar direct care work. The Agency must end employment at once if one is found.","Tell the Administrator before your next shift if you are arrested, charged or convicted."],"primaryCitation":"La. R.S. 40:1203.2","citations":["La. R.S. 40:1203.1","La. R.S. 40:1203.2","La. R.S. 40:1203.3","La. R.S. 40:1203.4","LAC 48:I.5027.B.9","LAC 48:I.5027.B.10","LAC 48:I.5027.B.11","LAC 48:I.5029.C.7","LAC 48:I.9231.D","LAC 48:I.5007.B.5","LAC 48:I.5007.C","LAC 48:I.5021.D.5","Medicaid Services Manual, Chapter 30, §30.6"],"federalCitations":[],"surveyorAsks":["Show me the written request for the criminal history and security check for this worker, and when you sent it.","Show me the applicant's signed consent form that warns it is a crime to give false information."],"forms":[{"ref":"LA-HC-HR-02-A","title":"Applicant Notice and Consent for Criminal History and Security Check"},{"ref":"LA-HC-HR-02-B","title":"Criminal History Check Tracking and Final Disposition Record"}],"headings":["Terms of Reference","1. Purpose","2. Scope","3. Definitions","4. Policy Statement (La. R.S. 40:1203.2)","5. Telling the Applicant and Getting Consent","6. Requesting the Check","7. Temporary and Conditional Employment Pending Results","8. Convictions That Bar Employment","9. When the Report Shows a Bar or an Unresolved Charge","10. Staffing Businesses","11. During Employment","12. Responsibilities","13. Records and Compliance Monitoring","14. Staff Training","15. References","16. Related Policies and Forms","17. Approval","18. Revision History"],"version":"1.0","sample":false,"pack":"la-hca","state":"Louisiana","service":"Home care","guides":[{"path":"/guides/home-care-agency-policies/","h1":"What policies does a home care agency need?"}],"agency":{"name":"Sample Agency","legalName":"Sample Agency, LLC","logo":null}}