ACL 09-78: TRO Limiting IHSS Provider Disqualifying Crimes (11/25/09)

Notice of the TRO in Beckwith v. Wagner. As a result, counties can only disqualify providers based on the crimes listed in Welfare & Institutions Code § 12305.81 (convicted or incarcerated within the last ten years for child abuse, elder abuse, or fraud). The TRO does not allow counties to inquire or deny based on “Other Felony Convictions” or “Serious Misdemeanors.” Counties need to stop using the enrollment forms, but are to continue the provider fingerprinting and criminal background check requirement. [Download]