Background checks are an important safety measure for participants in the Self-Determination Program because people with developmental disabilities are more likely to be abused than people without disabilities.
Who is required to get a background check?
Anyone who provides "direct personal care services" to participants in the Self-Determination Program must obtain a background check and receive clearance before working. This includes family members who provide direct personal care services. Program participants or their financial management services (FMS) provider can also request proof of clear background checks from any other Self-Determination Program service provider.
Providers who furnish services to more than one Self-Determination Program participant are required to get only one background check.
Per DDS Directive 9/29/2023, The following individuals are required to obtain a Department of Developmental Services
(Department) criminal background check:
- Any employee of an SDP participant who will provide direct personal care
services. This does not include family members who are paid to provide
direct personal care services that live in the same home as the participant.
- Any employee of a provider that is not a regional center vendor and will be
providing direct personal care services to an SDP participant.
Per DDS Directive 9/29/2023, The following individuals are not required to obtain a Department criminal background
check:
- Any employee of a provider that is a regional center vendor who will be
providing direct personal care services to the SDP participant, unless a
background check is required by that vendor.
Why are background checks required?
Background checks help to protect the health and safety of participants and their families. Background checks also help participants find service providers who have not been convicted of a serious crime.
What are "direct care services"?
Direct Care Services are defined as "assistance with dressing, grooming, bathing or personal hygiene services."
W&I Code §4685.8(w) notes that background checks for the Self-Determination Program shall be administered consistent with the process described in W&I Code §4689.2 to 4689.6 applicable to family home agencies (FHA). Section 4689.2 indicates that a full criminal history must be obtained from the Department of Justice and, if applicable, the Federal Bureau of Investigation (FBI). Consistent with the background check process for FHAs, information from the FBI must be obtained for individuals who have not resided continuously in California for the last two years [see Title 17, California Code of Regulations §56085(b)].