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Pennsylvania Code (Last Updated: April 5, 2016) |
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Title 55. PUBLIC WELFARE |
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PART I. Department of Human Services |
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Subpart E. Home and Community-based Services |
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Chapter 51. Office of Developmental Programs Home and Community-based Services |
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SubChapter B. PROVIDER QUALIFICATIONS AND PARTICIPATION …51.11 |
Section 51.20. Criminal history checks
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(a) A provider shall ensure that a criminal history check is obtained for staff.
(b) The reporting requirements listed in this chapter are in addition to reporting requirements under Chapters 2380, 2390, 3800, 5310, 6400 and 6500, 6 Pa. Code Chapter 11 (relating to older adult daily living centers) and, when applicable, 28 Pa. Code Chapters 601 and 611 (relating to home health care agencies; and home care agencies and home care registries).
(c) A provider shall apply for a criminal history check for staff prior to hiring.
(d) A provider shall obtain a criminal history check in compliance with the following:
(1) A report of criminal history record information from the Pennsylvania State Police or a statement from the Pennsylvania State Police that the State Police Central Repository does not contain information relating to that person under 18 Pa.C.S. § § 9101—9183 (relating to Criminal History Record Information Act) if staff has been a resident of this Commonwealth for at least 2 years.
(2) A report of Federal criminal history record information under the Federal Bureau of Investigation (FBI) appropriation of Title II of the act of October 25, 1972 (Pub. L. No. 92-544, 86 Stat. 1109) if staff has been a resident of this Commonwealth for less than 2 years or is currently a resident of another state.
(e) Criminal history checks shall be in accordance with the Older Adults Protective Services Act (35 P. S. § § 10225.101—10225.5102) and 6 Pa. Code Chapter 15 (relating to protective services for older adults).
(f) The hiring policies shall be in accordance with the Department of Aging’s Older Adult Protective Services Act policy as posted on the Department of Aging’s web site at http://www.portal.state.pa.us/portal/server.pt?open=514&objID=616725&mode=2.
(g) A copy of the final reports received from the Pennsylvania State Police and the FBI, if applicable, shall be kept in accordance with § 51.15 (relating to provider records).
(h) Subsections (b), (c), (f) and (g) do not apply to an SSW provider.
Notation
This section cited in 55 Pa. Code § 51.12 (relating to SSW provider enrollment); 55 Pa. Code § 51.19 (relating to certified investigations); and 55 Pa. Code § 51.22 (relating to provisional hiring).