Section § 1796.21

Explanation

This law states that anyone who is registered as a home care aide must be at least 18 years old.

A registered home care aide shall be 18 years of age or older.

Section § 1796.22

Explanation

If you want to be a registered home care aide in California, you need to apply and have a background check done. You can start this process if you have one of several types of ID. These include a valid California driver's license, a DMV-issued ID card, a Permanent Resident Card, or, if you're from another state, a valid photo ID from your home state.

Any individual who has submitted a home care aide application and who possesses any one of the following identification cards may initiate a background examination to be a registered home care aide:
(a)CA Health & Safety Code § 1796.22(a) A valid California driver’s license.
(b)CA Health & Safety Code § 1796.22(b) A valid identification card issued by the Department of Motor Vehicles.
(c)CA Health & Safety Code § 1796.22(c) A valid Permanent Resident Card.
(d)CA Health & Safety Code § 1796.22(d) In the case of a person living in a state other than California, a valid numbered photo identification card issued by an agency of the state other than California.

Section § 1796.23

Explanation

To become a registered home care aide in California, you need to send your fingerprints to the Department of Justice electronically, unless you're exempt under specific conditions. Agencies that take fingerprints can charge a fee to cover their costs. The Department of Justice will use the fingerprints to check criminal records at both the state and federal levels. If you’re already cleared in a related position, like a certified foster parent or a TrustLine provider, you don’t need to submit fingerprints again. Instead, you can transfer your current criminal record clearance by providing identification and a declaration of identity with your application.

(a)CA Health & Safety Code § 1796.23(a) Each person initiating a background examination to be a registered home care aide shall submit their fingerprints to the Department of Justice by electronic transmission in a manner approved by the department, unless exempt under subdivision (d).
(b)CA Health & Safety Code § 1796.23(b) A law enforcement agency or other local agency authorized to take fingerprints may charge a reasonable fee to offset the costs of fingerprinting for the purposes of this chapter. The fee revenues shall be deposited in the Fingerprint Fees Account.
(c)CA Health & Safety Code § 1796.23(c) The Department of Justice shall use the fingerprints to search state and Federal Bureau of Investigation criminal offender record information pursuant to Section 1522.
(d)CA Health & Safety Code § 1796.23(d) A person who is a current licensee or employee in a facility licensed by the department, a certified foster parent, a certified administrator, or a registered TrustLine provider need not submit fingerprints to the department, and may transfer their current criminal record clearance or exemption pursuant to paragraph (1) of subdivision (h) of Section 1522. The person shall instead submit to the department, along with the person’s registration application, a copy of the person’s identification card described in Section 1796.22 and sign a declaration verifying the person’s identity.

Section § 1796.24

Explanation

This law requires the creation of a home care aide registry that contains information about individuals applying to be home care aides. When someone applies and submits fingerprints, they become a 'home care aide applicant.'

If a person doesn't meet certain criteria, they can't apply, and their application will be returned without the chance to contest it.

Before anyone gets approved for the registry, the department checks their criminal history. If they clear the check, they're entered into the registry as a 'registered home care aide.'

If it turns out that someone approved has a criminal record, their registration might be revoked.

Individuals can request to transfer their criminal record clearance if they are moving between positions, and the department retains these records for at least three years to facilitate transfers.

(a)Copy CA Health & Safety Code § 1796.24(a)
(1)Copy CA Health & Safety Code § 1796.24(a)(1) The department shall establish a home care aide registry pursuant to this chapter and shall continuously update the registry information. Upon submission of the home care aide application and fingerprints or other identification documents pursuant to Section 1796.22, the department shall enter into the home care aide registry the person’s name, identification number, and an indicator that the person has submitted a home care aide application and fingerprints or identification documentation. This person shall be known as a “home care aide applicant.”
(2)CA Health & Safety Code § 1796.24(a)(2) A person shall not be entitled to apply to be a registered home care aide and shall have their registration application returned without the right to appeal if the person would not be eligible to obtain a license pursuant to Section 1796.40 or 1796.41.
(b)Copy CA Health & Safety Code § 1796.24(b)
(1)Copy CA Health & Safety Code § 1796.24(b)(1) Before approving an individual for registration, the department shall check the individual’s criminal history pursuant to Section 1522. Upon completion of the searches of the state summary criminal offender record information and the records of the Federal Bureau of Investigation, the home care aide applicant shall be issued a criminal record clearance or granted a criminal record exemption if grounds do not exist for denial pursuant to Section 1522 or 1522.7. The department shall enter that finding in the person’s record in the home care aide registry and shall notify the person of the action. This person shall be known as a “registered home care aide.” If, after approval, the department determines that the registrant has a criminal record, registration may be revoked pursuant to Section 1796.26.
(2)CA Health & Safety Code § 1796.24(b)(2) For purposes of compliance with this section, the department may permit an individual to request the transfer of a current criminal record clearance or exemption pursuant to subdivision (h) of Section 1522. The request shall be submitted to the department on a form provided by the department or submitted via the department’s secure online portal. Upon the request of the applicant or licensee, who shall verify the individual’s identity, the department shall verify whether the individual has a clearance or exemption that can be transferred pursuant to the requirements of this chapter.
(3)CA Health & Safety Code § 1796.24(b)(3) The department shall hold criminal record clearances and exemptions in its active files for a minimum of three years after the individual is no longer on the registry in order to facilitate a transfer request.

Section § 1796.25

Explanation

This law section explains what happens if a home care aide applicant or currently registered home care aide in California has a criminal conviction or certain arrests. If convicted of a crime, the department will deny their application or revoke their registration unless an exemption is granted. If there's an arrest, they might also face denial or revocation if they're seen as a risk to client safety. Additionally, the department can deny or revoke applications if there's a history of previous license or certification revocations, exclusions from licensed facilities, or previously denied applications.

If an application or registration is denied or revoked, the individual is notified in writing and has 15 days to appeal the decision. A hearing will be set upon receiving the appeal. If denial happens, the applicant cannot reapply until specific time frames are met as outlined in other sections.

(a)Copy CA Health & Safety Code § 1796.25(a)
(1)Copy CA Health & Safety Code § 1796.25(a)(1) If the department finds that the home care aide applicant or the registered home care aide has been convicted of a crime, other than an infraction, the department shall deny the home care aide application, or revoke the registered home care aide’s registration unless the department grants an exemption pursuant to subdivision (g) of Section 1522 or 1522.7.
(2)CA Health & Safety Code § 1796.25(a)(2) If the department finds that the home care aide applicant or registered home care aide has an arrest as described in subdivision (a) of Section 1522, the department may deny the registration application or registration renewal application, or revoke the registered home care aide’s registration, if the home care aide or registered home care aide may pose a risk to the health and safety of any person who is or may become a client and the department complies with subdivision (e) of Section 1522.
(3)CA Health & Safety Code § 1796.25(a)(3) The department may deny the home care aide application or the renewal application of a registered home care aide, or revoke the home care aide registration, if the department discovers that the department or a county had previously revoked or rescinded a license or certificate to be a certified family home or resource family, a certified administrator, or a registered trustline provider held by the home care aide applicant or registered home care aide, or that the department had excluded the home care aide applicant or registered home care aide from a licensed facility, certified family home, or resource family home.
(4)CA Health & Safety Code § 1796.25(a)(4) The department may deny the home care aide application or registered home care aide registration renewal application for placement or retention upon the home care aide registry, or revoke the registered home care aide’s registration, if the department discovers that the department or a county had previously denied the home care aide applicant’s or registered home care aide’s application for a license from the department or certificate to be a certified family home or resource family, a certified administrator, or a registered trustline provider.
(b)Copy CA Health & Safety Code § 1796.25(b)
(1)Copy CA Health & Safety Code § 1796.25(b)(1) If the department revokes or denies a home care aide application or registered home care aide’s renewal application pursuant to subdivision (a), the department shall advise the home care aide applicant or registered home care aide, by written notification, of the right to appeal. The home care aide applicant or registered home care aide shall have 15 days from the date of the written notification to appeal the denial or revocation.
(2)CA Health & Safety Code § 1796.25(b)(2) Upon receipt by the department of the appeal, the appeal shall be set for hearing. The hearing shall be conducted in accordance with Section 1551.
(c)CA Health & Safety Code § 1796.25(c) If the home care aide application or registered home care aide renewal application is denied, the home care aide applicant or registered home care aide shall not reapply until they meet the timeframe set forth in Sections 1796.40 and 1796.41.

Section § 1796.26

Explanation

This California statute outlines when a registered home care aide’s registration may be revoked or denied. Reasons include fraud, certain criminal convictions, harmful conduct, or failing to renew the registration. An aide whose registration is revoked cannot reapply until certain conditions are met, and if a criminal record exemption is denied, they have to wait two years before reapplying. Hearings for revocation or denial must follow specific procedures. Additionally, a registration is considered forfeited for various reasons such as having certain licenses revoked, failing to maintain a current address, or passing away. Aide registrations cannot be transferred to others.

(a)Copy CA Health & Safety Code § 1796.26(a)
(1)Copy CA Health & Safety Code § 1796.26(a)(1) The department may revoke or deny a registered home care aide’s registration or request for registration renewal if any of the following apply to the registered home care aide:
(A)CA Health & Safety Code § 1796.26(a)(1)(A) The individual procured or attempted to procure their registered home care aide registration or renewal by fraud or misrepresentation.
(B)CA Health & Safety Code § 1796.26(a)(1)(B) The individual has a criminal conviction, other than an infraction, unless an exemption is granted pursuant to Section 1522 or 1522.7.
(C)CA Health & Safety Code § 1796.26(a)(1)(C) The individual engages or has engaged in conduct that is inimical to the health, morals, welfare, or safety of the people of the State of California or an individual receiving or seeking to receive home care services.
(2)CA Health & Safety Code § 1796.26(a)(2) An individual whose registration has been revoked shall not reapply until they meet the timeframe as set forth in Section 1796.40 or 1796.41.
(3)CA Health & Safety Code § 1796.26(a)(3) An individual whose criminal record exemption has been denied shall not reapply for two years from the date of the exemption denial.
(4)CA Health & Safety Code § 1796.26(a)(4) The hearing to revoke or deny the registered home care aide registration or registration renewal request shall be conducted in accordance with Section 1551.
(b)Copy CA Health & Safety Code § 1796.26(b)
(1)Copy CA Health & Safety Code § 1796.26(b)(1) The registered home care aide’s registration shall be considered forfeited under the following conditions:
(A)CA Health & Safety Code § 1796.26(b)(1)(A) The registered home care aide has had a license or certificate of approval revoked, suspended, or denied as authorized under Section 1534, 1550, 1568.082, 1569.50, 1596.608, or 1596.885.
(B)CA Health & Safety Code § 1796.26(b)(1)(B) The registered home care aide has been denied employment, residence, or presence in a facility or client’s home based on action resulting from an administrative hearing pursuant to Section 1558, 1568.092, 1569.58, or 1596.8897.
(C)CA Health & Safety Code § 1796.26(b)(1)(C) The registered home care aide fails to maintain a current mailing address with the department.
(D)CA Health & Safety Code § 1796.26(b)(1)(D) The registered home care aide’s registration is not renewed.
(E)CA Health & Safety Code § 1796.26(b)(1)(E) The registered home care aide surrenders their registration to the department.
(F)CA Health & Safety Code § 1796.26(b)(1)(F) The registered home care aide dies.
(2)CA Health & Safety Code § 1796.26(b)(2) An individual whose registered home care aide registration has been forfeited shall not reapply until they meet the timeframe set forth by the department in Sections 1796.40 and 1796.41.
(c)CA Health & Safety Code § 1796.26(c) A registered home care aide’s registration shall not be transferred or sold to another individual or entity.

Section § 1796.28

Explanation

This law requires the Department of Justice to keep an up-to-date record of criminal information for registered home care aides. The department must update this information whenever there's a new report. Whenever home care aides or applicants change their mailing address, they must report this change to the department in writing within 10 days.

Additionally, state officers or employees are generally protected from liability for damages in actions taken under this law, unless they act intentionally or are grossly negligent.

(a)CA Health & Safety Code § 1796.28(a) The Department of Justice shall maintain and continually update pertinent criminal offender record information of registered home care aides and shall inform the department of subsequent reports received pursuant to Section 11105.2 of the Penal Code. The department shall continually update the home care aide registry pursuant to the actions required in this chapter.
(1)CA Health & Safety Code § 1796.28(a)(1) Registered home care aides and home care aide applicants shall maintain a current mailing address with the department.
(2)CA Health & Safety Code § 1796.28(a)(2) Registered home care aides and home care aide applicants shall inform the department of any new mailing address in writing within 10 days of a change in address.
(b)CA Health & Safety Code § 1796.28(b) Notwithstanding any other law, including Part 3 (commencing with Section 900) of Division 3.6 of Title 1 of the Government Code, state officers or employees shall not be liable for any damages caused by their conduct pursuant to this chapter except for intentional acts or gross negligence.

Section § 1796.29

Explanation

The California Department of Social Services must manage a registry of home care aides and applicants on its website. This site allows consumers to check the registration status, expiration date, and the affiliated home care organization of aides if applicable.

While the department can collect more private information, such details aren't publicly shared. When a home care aide leaves an organization, the registry must be updated accordingly.

Home care aides' details aren't generally disclosed, except after July 1, 2019, when labor organizations can access aides' names and phone numbers for employment-related purposes. The aides are informed about this and have the option to opt-out of sharing their contact information.

This law specifically pertains to individuals providing services as home care aides.

The department shall do all of the following in the administration of the home care aide registry:
(a)CA Health & Safety Code § 1796.29(a) Establish and maintain on the department’s Internet Web site the registry of registered home care aides and home care aide applicants.
(1)CA Health & Safety Code § 1796.29(a)(1) To expedite the ability of a consumer to determine if a registered home care aide or home care aide applicant has passed a background examination, pursuant to Section 1796.23, the Internet Web site shall enable consumers to look up the registration status by providing the registered home care aide’s or home care aide applicant’s name and registration number. The Internet Web site shall provide the registration status, the registration expiration date, and, if applicable, the home care organization with which the affiliated home care aide is associated.
(2)CA Health & Safety Code § 1796.29(a)(2) The Internet Web site shall not provide any additional, individually identifiable information about a registered home care aide or home care aide applicant. The department may request and may maintain additional information for registered home care aides or home care aide applicants, as necessary for the administration of this chapter, that shall not be publicly available on the home care aide registry.
(b)CA Health & Safety Code § 1796.29(b) Update the home care aide registry upon receiving notification from a home care organization that an affiliated home care aide is no longer employed by the home care organization.
(c)CA Health & Safety Code § 1796.29(c) Notwithstanding any other provision of this chapter to the contrary, information regarding a registered home care aide or registered home care aide applicant is not subject to public disclosure pursuant to this chapter, except as provided in subdivision (d).
(d)Copy CA Health & Safety Code § 1796.29(d)
(1)Copy CA Health & Safety Code § 1796.29(d)(1) For any new registration or renewal of registration occurring on and after July 1, 2019, the department shall provide an electronic copy of a registered home care aide’s name, telephone number, and cellular telephone number on file with the department, upon its request, to a labor organization in which a provider of in-home supportive services, as described in Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code, or a registered home care aide, already participates and which exists for the purpose, in whole or in part, of dealing with employers of home care aides concerning access to training, grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work. The labor organization shall not use this information for any purpose other than employee organizing, representation, and assistance activities. The labor organization shall not disclose this information to any other party.
(2)CA Health & Safety Code § 1796.29(d)(2) The department shall establish a simple opt-out procedure by which a registered home care aide or registered home care aide applicant may request that his or her contact information on file with the department not be disclosed in response to a request described in paragraph (1).
(e)CA Health & Safety Code § 1796.29(e) At the time of any registration or renewal of registration occurring on and after July 1, 2019, the department shall do both of the following:
(1)CA Health & Safety Code § 1796.29(e)(1) Provide a written notice to the registering or registered home care aide that his or her information may be shared with a labor organization, as described in paragraph (1) of subdivision (d).
(2)CA Health & Safety Code § 1796.29(e)(2) Provide written instructions on how to utilize the simple opt-out procedure described in paragraph (2) of subdivision (d).
(f)CA Health & Safety Code § 1796.29(f) This section applies solely to an individual who provides services as a home care aide under this chapter.