Legislative Update - October

We Must Reform Background Screening Procedures for Caregivers

 
The South Florida Sun-Sentinel recently ran a series of articles that revealed serious flaws in Florida’s procedures for screening people who work with children, the elderly and disabled.  After six months of reviewing various public records and state databases, the reporters found that about 3,500 people with criminal records have been permitted to work with elderly and disabled people, and about 2,900 have been permitted to work with children.  Some workers have even been convicted of murder and rape, and yet were still allowed to work with some of our state’s most vulnerable people.
 
I was shocked by some of the individual cases that were highlighted in the articles.  For example, the Florida Department of Health issued a license to a mental health counselor, even though he had pleaded guilty in Georgia to sexual assault and public indecency in an incident involving a patient.  A man with child molestation charges pending in California worked for a South Florida YMCA for two months before his background check was completed.  A woman who had served time for drug trafficking was permitted to work with mentally disabled patients, and is now facing abuse charges for allegedly dragging a patient from a van, slamming his head on the vehicle and the ground.
 
These types of lapses in screening workers who care for those who can’t help themselves – children, senior citizens, people with disabilities and those battling mental illness and substance abuse – are simply unacceptable, and we must reform are laws to make sure they stop happening.  Unfortunately, the patchwork of background screening laws that were enacted over the years haven’t kept pace with advances in screening technology, aren’t consistent for different types of workers, and frankly, don’t reflect an adequate level of concern for the safety of people who need special care.
 
Under current law, any person who applies to work for a nursing home, child care center, assisted living facility, drug treatment program or home health care agency must undergo a criminal background check.  The applicant must submit fingerprints, which are sent to the Florida Department of Law Enforcement.  But about half of these fingerprints are submitted on paper cards, instead of electronically, which means it can take weeks, or even months to process.  In the meantime, workers are permitted to be on the job until the background results come back.
 
There are some workers who don’t even have to undergo background screenings – those who aren’t involved in direct care of patients.  Still, these workers have access to vulnerable people.  In one case, as the Sun-Sentinel reported, a man with felony theft and worthless check convictions, was hired in an administrative position at a Broward assisted living facility.  He is now charged with the murder of a resident’s daughter, after allegedly stealing the woman’s jewelry.
 
There are a number of reforms we need to make, and I have filed legislation for the upcoming session, to see that we do a better job of protecting Floridians who need special care.  Here are some of the provisions included in this bill:
 
·       Require all fingerprints to be submitted electronically, so that they can be processed within days, not weeks or months.
 
·       Prohibit caregivers from starting work until after their background screenings are complete – this will be less burdensome on employers with the quicker electronic fingerprinting technology.
 
·       Permit DCF to re-screen caregivers who have been granted exemptions that allow them to work despite having a past criminal conviction, to ensure that these people have not committed another crime.
 
In addition, we must reform the procedures for granting exemptions from prohibitions on convicted felons working as caregivers.  Right now, a person with a conviction for a serious violent crime or sex offense can still work with children and vulnerable adults just three years after the crime was committed, simply by applying to a state agency for an exemption.  We must look carefully at who is eligible for an exemption, and how long they must wait before they can apply for one.  A person with a drug-related conviction five years ago may well have rehabilitated themselves sufficiently to be trusted as caregivers.  On the other hand, most people would have a hard time ever entrusting children to a convicted murderer.
 
The overhaul of our caregiver screening laws is long overdue, and I am committed to seeing that we make appropriate reforms to protect Florida’s children, seniors and disabled residents.  I welcome your comments and questions on this issue – or on any issue related to Florida government.  As always, you can contact my office at (954) 747-7933 or by e-mail at rich.nan.web@flsenate.gov.
 
 

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	Senator Rich Addressing Seniors at the Daniel Canter Senior Center
	Nan Rich with Gradutes of Weston University
	Senator Rich with the Final Graduting Class of Weston University 2010

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