Report 2016-108 Recommendation Responses

Report 2016-108: Department of Developmental Services: It Cannot Verify That Vendor Rates for In-Home Respite Services Are Appropriate and That Regional Centers and Vendors Meet Applicable Requirements (Release Date: October 2016)

Recommendation for Legislative Action

To ensure the health and safety of individuals with developmental disabilities, the Legislature should require workers who provide in-home respite services to consumers to undergo a criminal background check. For the other services that fall under the Lanterman Act, the Legislature should require DDS to conduct a review of the types of services provided directly to consumers and whether any oversight mechanisms are in place to ensure that workers providing these services do not have criminal backgrounds. The Legislature should require DDS to report the results of this review no later than December 31, 2017, and, using the results of this review, determine whether legislation requiring such workers to undergo criminal background checks is necessary to protect the health and safety of individuals with developmental disabilities.

Description of Legislative Action

Assembly Bill 1380 (Santiago) would require an employer to submit the fingerprints of a prospective in-home respite worker to the Department of Justice for a criminal background check prior to employment, and prohibit employment of an in-home respite worker that has been convicted for, or incarcerated following conviction for, specified crimes, including fraud against a government health program or a serious or violent felony, and would authorize a consumer or an applicant to petition the department for a waiver from these provisions. This bill is pending in the Senate Appropriations Committee.

  • Legislative Action Current As-of: December 2017

California State Auditor's Assessment of 1-Year Status: Legislation Proposed But Not Enacted

All Recommendations in 2016-108