The California Department of Social Services (CDSS) has issued new regulations implementing the process to request a general exception or waiver of criminal background for In Home Supportive Services (IHSS) providers. The regulations address the crimes for which a waiver or general exception is possible (called Tier 2 crimes) and the process to request a waiver or general exception.
The regulations include define Tier 2 crimes as serious or violent felonies, felony offenses for which a person is required to register as a sex offender and felony offense of fraud against a public social services program. Although not mentioned in the letter, the regulations also make non-violent property crimes a Tier 2 offense.
In general, an exception can be granted if the applicant demonstrates rehabilitation. However, for sex offenses or crimes involving physical harm or risk of physical harm to another person, the applicant must show clear and convincing evidence that the applicant no longer poses a risk to the public if less than 8 years (10 years if two offenses) have passed since the applicant’s most recent incarceration, probation or parole. For fraud or non-violent property offenses, the applicant must show clear and convincing evidence that the applicant no longer poses a risk to the public if less than 6 years (10 years if two offenses) have passed since the applicant’s most recent incarceration, probation or parole. For any other excludable offense, the applicant must show clear and convincing evidence that the applicant no longer poses a risk to the public if less than 4 years (10 years if two offenses) have passed since the applicant’s most recent incarceration, probation or parole.
The regulations list documents to be included with the request. The applicant must request a general exception or waiver request to the county within 45 days of the notice denying provider status because of a criminal record. If the county denies the request, the applicant can do a written appeal to the state.
CDSS also issued a general exception request form and a form to appeal denial of a general exception request to the state.
The regulations are located at MPP section 30-778 et. seq. The regulations are effective July 1, 2019. (ACL 19-64, July 3, 2019.)