The background checks were required under the Older Adult Protective Services Act until December’s Nixon v. the Commonwealth ruling by the state Supreme Court, which struck down the provisions because they applied only to applicants, not current employees.

Senator Orie’s legislation would require criminal background checks for both applicants and those working in care-dependent settings.  Those convicted of violent crimes would be barred for life from working in care-dependent facilities.  Property crimes would result in a 10-year ban.

“Our first concern must be for Pennsylvania’s care-dependent citizens.  They are at the mercy of their caregivers and we must do all we can to protect them,” said Orie, who chairs the Senate Aging and Youth Committee.  “However, since many people who have committed crimes years ago have gone on to lead exemplary lives and have been excellent workers in facilities caring for the elderly and disabled, and because there is a shortage of such workers, this legislation will provide a process to hear special requests for employment.”

The bill provides for a panel to hear requests for “certificates of employability” in such cases, she said.

In its deliberations on whether a person may receive a certificate, the panel will take into account factors such as the amount of time elapsed since release from incarceration; the length and stability of the person’s employment history, particularly in the field in which he or she is seeking work; the circumstances and nature of the crimes; age; or other evidence of rehabilitation.

“A lifetime bar for very serious crimes, coupled with a hearing process that will allow those who committed less serious crimes many years ago to present evidence of their rehabilitation, is the best way to provide the needed protection without exacerbating the problem of finding people to fill these crucial jobs,” said Orie.