{"ref":"PA-HC-HR-02","title":"Criminal History Background Checks","category":"Human resources","summary":"Requires every direct care worker, office staff applicant, and owner to provide a criminal history report obtained within the past year (a Pennsylvania State Police record, or, for anyone who has not lived in Pennsylvania for the past two years, an FBI record with a Department of Aging letter of determination), and explains how results are assessed, kept confidential, and how an applicant is told about appeal rights.","inShort":["Everyone who works here needs a criminal history report from the past year before starting, or must work under the provisional hiring rules.","If you have lived in Pennsylvania for the last two years, you need a State Police check. If not, you need FBI fingerprints and a letter from the Department of Aging.","A record does not automatically stop you from working here. The Administrator reviews it with you first.","Tell Pat Sample within one business day if you are arrested, charged, or convicted.","Your background information is kept private and used only for the hiring decision."],"primaryCitation":"28 Pa. Code §611.52","citations":["28 Pa. Code §611.52","35 P.S. §10225.502","35 P.S. §10225.503","35 P.S. §10225.508","6 Pa. Code §15.141","6 Pa. Code §15.142","6 Pa. Code §15.143","6 Pa. Code §15.144","6 Pa. Code §15.145","35 P.S. §448.806(d.1)(4)","55 Pa. Code §52.19"],"federalCitations":[],"surveyorAsks":["Show me the criminal history report for this worker. Was it obtained within one year before the application date?","This worker moved to Pennsylvania 18 months ago. Where is the Department of Aging letter of determination?"],"forms":[{"ref":"PA-HC-HR-02-A","title":"Applicant Notice and Authorization for Criminal History Report"},{"ref":"PA-HC-HR-02-B","title":"Notice of Employment Decision Based on Criminal History and Appeal Information"}],"headings":["Terms of Reference","1. Purpose","2. Scope","3. Definitions","4. Policy Statement (28 Pa. Code §611.52)","5. Obtaining the Report","6. When a New Report Is Not Needed","7. Reviewing the Result","8. During Employment","9. Confidentiality and Records","10. Responsibilities","11. Records and Compliance Monitoring","12. Staff Training","13. References","14. Related Policies and Forms","15. Approval","16. Revision History"],"version":"1.0","sample":false,"pack":"pa-hca","state":"Pennsylvania","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}}