Virginia Regulatory Town Hall
Agency
Department of Social Services
 
Board
State Board of Social Services
 
chapter
Regulation for Criminal Record Checks for Assisted Living Facilities and Adult Day Care Centers [22 VAC 40 ‑ 90]
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11/1/19  12:06 pm
Commenter: Tommy Comer, Chief HR Officer, Commonwealth Senior Living

Antiquated and Limited System
 

I have yet to find anyone associated with the work we do - taking care of a frail population - who does not believe we should have detailed/comprehensive background checks completed on individuals we hire. In fact, we do multiple reference checks and a pre-employment drug test (though not a regulation). The challenges we face with using the State Police background system are:

  1. The system does not generate a digital response unless the individual has nary a traffic ticket. If the individual has any record at all, even situations that would not affect employment in an ALF, the report is mailed to the community/facility and often takes 30+ days. This is not only challenging for the community/facility but also the individual who must wait to confirm he/she can start work. Most commercial options in existence offer faster turnaround times (48-72 hours).
  2. We often hire individuals who have lived in other states and the State Police background check is not helpful in examining a candidate's full record in other states. Other commercial options will pull records nationally in one place. If we hire someone who has lived elsewhere, we end up completing two background checks to ensure we know the person's background. 

I think consideration should be made to amend the regulation to allow ALFs options as to what background check service they use as part of their pre-employment process. 

CommentID: 76834