Home Care ServicesRegistration
Section § 1796.21
This law states that anyone who is registered as a home care aide must be at least 18 years old.
Section § 1796.22
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.
Section § 1796.23
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.
Section § 1796.24
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.
Section § 1796.25
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.
Section § 1796.26
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.
Section § 1796.28
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.
Section § 1796.29
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.