Criminal History Checks, Child Abuse Clearances, and Provisional Hiring
Requires every applicant, and every administrator or operator with patient contact, to submit a Pennsylvania State Police criminal history record obtained within the past year, and an FBI fingerprint check with a Department of Aging determination if not a Pennsylvania resident for the past two years; sets the conditions and time limits for provisional hiring; requires an individualized assessment of any conviction in line with the Peake decision; and requires child abuse clearances for staff who care for children.
About this policy
- Policy number
- PA-HH-HR-03
- Version
- 1.0
- Main rule
- 35 P.S. §10225.502
- Library
- Pennsylvania home health · 56 policies
- Category
- Human resources
- Sections
- 21
In short
- Before you care for patients you need a Pennsylvania State Police criminal history record from the past year, and an FBI fingerprint check if you have not lived in Pennsylvania for the past 2 years.
- If you start work before the results arrive, you sign a statement and an experienced employee observes your care.
- Your results must be in your file by day 30 (State Police) or day 90 (FBI), or you cannot keep working.
- A conviction does not automatically bar you, but you will not see patients until the Administrator has reviewed it.
- Tell the Administrator within one working day if you are arrested, charged or convicted.
What's inside
21 sections. The full text comes with the One-time Policy Pack.
- Terms of Reference
- 1. Purpose
- 2. Scope
- 3. Definitions
- 4. Policy Statement (35 P.S. §10225.502)
- 5. Who Must Be Checked
- 6. Obtaining the Reports
- 7. Provisional Hiring
- 8. End of the Provisional Period
- 9. Reviewing Results and Making Decisions
- 10. Applicant and Employee Rights
- 11. Child Abuse Clearances for Staff Serving Children
- 12. Duty to Report New Charges or Convictions
- 13. Penalties
- 14. Responsibilities
- 15. Records and Compliance Monitoring
- 16. Staff Training
- 17. References
- 18. Related Policies and Forms
- 19. Approval
- 20. Revision History
An inspector may ask
- Show me this aide’s State Police criminal history record. When was it obtained compared with the application date?
- This nurse moved here last year. Where is her FBI determination letter from the Department of Aging?
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