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Court Decision Limits Provider Ineligibility to 3 Crimes

Based on the ruling of the Alameda County Superior Court in the Beckwith, et al. v. Wagner court case, crimes that make an individual ineligible to be an IHSS provider are limited to a conviction (misdemeanor or felony) within the last 10 years for the following crimes (WIC 12305.81):

  1. Fraud against a governmental heatlh care or supportive services program
  2. Abuse of a child
  3. Abuse of an elder or dependent adult

However, the safety ofIHSS recipients is of paramount concern and because other possible crimes, in addition to the three above, could jeopardizesafety of the IHSS recipients, CDSS is proposing Trailer Bill Language (TBL) that would exclude IHSS providers using a list of crimes similar to those used to screen providers working in Residential Care Facilities for the Elderly (RCFEs). In addition, CDSS is also proposing statutory changes that address process issues regarding the fingerprinting of IHSS providers.

For more information, please view the following: