Angels Service 

 

Background Check Policy

Applicable standard or regulation: chapter 26 6.3

Agent= volunteer, employee, contractor, etc.

In accordance with statute: 27-1-110, 12 CCR 2509-8 and in support of wider national standards in order to protect clients who are vulnerable.

Background checks that the agency requires as of 5/1/18

• FBI fingerprint based check (all providers must provide after 2018)
• CBI name check
• Excluded provider check
• Dora Name Check
• APS Check (As of Jan. 2019)

A person who is disqualified as a result a background check shall not be in a position involving direct contact with vulnerable persons nor be eligible to contract for or continue in a contract position designated by the executive director or the executive director's designee as involving direct contact with vulnerable persons. In certain circumstances an individual that does not qualify for unsupervised direct contact care may participate in a group setting with another agent present.

Contracts may be offered on a restrictive basis due to some background checks.

Any agent involving direct contact with vulnerable persons and who is arrested, charged with, or issued a summons and complaint for any offense shall inform ANGELS SERVICE LLC within 24 hours. Any agent who fails to make such a report or disclosure may have their contract terminated.

What we are considering:

• Harm or potential harm against another person, property, or animal
• The vulnerability of the victim at the time the disqualifying offense was committed
• The seriousness of the disqualifying offense
• Patterns of crime (3 events within 3 years is considered a pattern)
• Is the event legal in one geographic area and not in another
• Time since event
• Impact event may have on services provided, predominant weight to the safety of vulnerable persons over the interests of the disqualified person will be given.
• Relationship between agent and potential client
• Documentation of successful completion of training or rehabilitation pertinent to the disqualifying offense
• Any other relevant information submitted
• Moral turpitude concerns (state language)

Termination of relationship may occur when:

• Agent furnished or made any misleading or any false statement or report
• Consistently failed to maintain results
• Background event poses a risk to clients well being
• Refused to submit any reports requests, or refused to discuss client's for review or investigation, failed to submit to service monitoring
• Been the subject of a negative licensing action
• When current actions of agent relate to background event and creates concern that a repeat of the event may occur

Any agent who is charged with any of the offenses that would be considered disqualifying shall be suspended until resolution of the criminal charges or completion of administrative action by the department.

Upon notification that the agent has received a conviction for any of the disqualifying offenses shall be terminated.

Process when there is an event on a background check:

If the criminal background check conducted indicates that a prospective agent was convicted of a potentially concerning offense a letter of explanation must be completed for agency review.

Written request for consideration: https://form.jotform.com/81157758850163

The decision shall constitute final agency action

Resources:

http://www.ncsl.org/documents/health/CBCnarrative.pdf

https://aspe.hhs.gov/syste,m/files/pdf/74676/LTCWqual.pdf

http://www.dhs.state.il.us/page.aspx?item=10592

https://leg.colorado.gov/sites/default/files/images/olls/crs2016-title-27.pdf

https://www.sos.state.co.us/CCR/GenerateRulePdf.do?ruleVersionId=7462&fileName=12%20CCR%202509-8

Agent conduct may justify disciplinary action under section 13 of article XII of the state constitution for failure to comply with standards of efficient service or competence or for willful misconduct, willful failure, or inability to perform duties.

Updates

Nov. 2018, simplified and new checks added for future dates