The California Department of Social Services (CDSS) has issued a statewide waiver for certain background checks for Adult and Senior Care (ASC) licensees. ASCs can use the waiver if the licensee experiencing a staff shortage and live scan services are limited because of COVID-19.
Newly hired ASC staff may start working immediately upon submission of a request to transfer a current CDSS criminal records clearance or exemption. If newly hired staff do not have an existing CDSS criminal records clearance or exemption, they must make every effort to complete live scan within 5 days of starting employment.
If live scan services are available, newly hired staff without an existing CDSS criminal records clearance or exemption may start working immediately upon submitting to the licensee a complete criminal record statement (LIC 508) and request for live scan services (LIC 9163) to the ASC. Within 5 days of starting work, newly hired staff must complete live scan.
If live scan services are not available, newly hired staff without an existing CDSS criminal records clearance or exemption may start working immediately upon submitting to the licensee a complete criminal record statement (LIC 508) and a complete DOJ Bureau of Criminal Records Information and Analysis Name-Check Form.
If new staff are unable to complete live scan within 5 days because of COVID-19 closures, the licensee can do a Department of Justice background search based on identifying information other than fingerprints. CDSS has a new background check system call Guardian for name based searches with the Department of Justice.
New staff must complete live scan no later than June 15, 2020 unless that deadline is extended by CDSS.
The background check waiver for Home Care Organization (HCO) licensees and Home Care Aids (HCA) is rescinded and all statutory background check requirements now apply except newly hired HCO staff or applicants for the HCA registry may begin working immediately upon submitting a request to transfer a current CDSS criminal records clearance or exemption. New HCO staff or HCA applicants without a current CDSS criminal records clearance or exemption can request an individual waiver which will be reviewed on a case-by-case basis. (PIN 20-12-CCLD, May 8, 2020.)