I Purpose
- To ensure safe and competent services are provided by Silver Home Care employees.
- To comply with state and federal regulations requiring criminal background investigations and sexual offender registry checks.
- To reduce liability for the Agency by ensuring unsuitable individuals are not placed in direct care roles.
II Scope
This policy applies to all employees, applicants, contractors, and volunteers considered for positions that involve direct contact with participants.
III Definitions
IV Policy Content
A. Application & Timing
- All applicants must submit criminal background checks and child abuse clearances prior to hire.
- Applicants residing in Pennsylvania for two years or more require a State Police check; others must also submit an FBI fingerprint check.
- Sexual offender registry checks must be performed prior to hire.
B. Criminal History Review
- Silver Home Care does not maintain a blanket ban on hiring individuals with criminal records.
- Every applicant who discloses or is found to have a criminal history will receive an individualized risk assessment.
- Consistent with the DHS Interim Guidance, all criminal records—regardless of offense type—are evaluated through a standardized assessment process to determine employment eligibility.
B.1 Individualized Risk Assessment Procedure
Agency Position: Silver Home Care operates in recognition of the legal grey area created by the tension between OAPSA requirements and the Peake v. Commonwealth decision. Following DHS Interim Guidance, we do not maintain a blanket ban on hiring individuals with criminal records. Every applicant with a criminal history receives an individualized risk assessment. However, offenses historically prohibited under OAPSA are weighted heavily and require significant mitigating factors for hire consideration.
For all applicants with criminal convictions, the following individualized risk assessment shall be conducted:
1.Assessment Factors (Peake Factors)
Each factor must be documented in writing:
- Nature and gravity of the offense — severity, violence, victim involvement
- Time elapsed — years since conviction and completion of sentence
- Evidence of rehabilitation — employment history, education, references, treatment completion
- Job-relatedness — nexus between offense and duties of the position
- Age at time of offense — juvenile vs. adult conduct
- Number and pattern of offenses — isolated incident vs. pattern of behavior
2.Weighting Criteria
All offenses are assessed individually. Offenses historically listed under OAPSA require significant mitigating factors for hire consideration. The following categories indicate the level of scrutiny and documentation required:
| Offense Category | Weight | Assessment Approach |
|---|---|---|
| OAPSA-Listed Offenses (Violent/Sexual, Crimes Against Vulnerable Persons) | CRITICAL | Highest scrutiny; requires significant mitigating factors and compelling evidence of rehabilitation for hire consideration |
| Fraud/Theft/Financial Offenses | ELEVATED | Elevated concern; requires documented rehabilitation and mitigation |
| Other Offenses | STANDARD | Full factor analysis per standard procedure |
3.Decision Authority
- HR Coordinator completes the Individualized Risk Assessment Form
- Administrator reviews and renders final hiring decision
- Both signatures required on assessment form before offer/denial
4.Applicant Rights & Notification
- Applicant must be notified in writing that an individualized assessment is being conducted
- Applicant has 5 business days to submit mitigation evidence (rehabilitation, references, explanation)
- Applicant receives written decision with basis for determination
- Denial based on assessment may be appealed to Administrator within 10 business days
5.Timeframe
- Assessment initiated within 3 business days of background check receipt
- Applicant notification sent same day assessment is initiated
- Final decision rendered within 10 business days of receiving any applicant mitigation (or expiration of mitigation period)
6.Individual Referral Consideration
When an applicant is referred by the individual they will be dedicated to serving, the Administrator may exercise discretion in the final assessment based on:
- The nature of the dedicated one-on-one care relationship
- Observed interactions between the applicant and the individual
- The Administrator's overall impression of the situation
- Whether the placement feels appropriate given all circumstances
Documentation required: When this consideration is applied, the Administrator must note the basis for the adjustment in the "Overall Impression" section of the Risk Assessment Form (e.g., observed relationship dynamics, environmental factors, interaction quality).
Note: This is a minor consideration (1-2 points) and does not override significant risk factors.
7.Required Documentation
- Individualized Risk Assessment Form (Form HR-IRA-01) — completed for every non-OAPSA conviction
- Copy of background check results
- Applicant notification letter (dated)
- Any mitigation evidence submitted by applicant
- Written decision with rationale
- Signatures of HR Coordinator and Administrator
All documentation retained per Section V (7 years).
C. Employee Disclosure
- Current employees must self-report any arrest or conviction within 72 hours.
- Failure to report may result in termination.
D. Confidentiality
- All records are confidential and may only be accessed by those with a legitimate need-to-know.
- Records are secured and stored in the People Management System.
E. Appeals
- Applicants and employees have the right to appeal or contest background information they believe is incorrect.
- Pending appeals do not permit provisional hiring beyond established timeframes.
F. Enforcement
- Any employee or applicant found to have provided false information or withheld disqualifying information will be immediately terminated.