A day after county officials discussed adding drug testing to a list of requirements to local In-Home Supportive Services providers, the State Senate has approved a bill requiring IHSS providers undergo criminal background checks.

SB 868, which was authored by Sen. Mark Ridley-Thomas (D-Los Angeles), passed the State Senate on Wednesday.

David Miller, spokesman for the office of Sen. Patricia Wiggins, said the Senate voted unanimously to approve SB 868, which next heads to the Assembly.

A statement from Ridley-Thomas said the bill clarifies existing requirements for public authorities to investigate IHSS providers' qualifications and background. It allows criminal background checks using the Department of Justice Live Scan System, and prohibits IHSS workers and clients from being charged for the checks.

Currently, IHSS workers in Lake County undergo Department of Justice background checks using the Live Scan system, according to a staff report submitted to the Board of Supervisors Tuesday by Social Services Director Carol Huchingson.

Ridley-Thomas said the bill was necessary because a survey done by the California Association for Public Authorities for IHSS found that 24 counties do not perform criminal background checks. A 2006 investigation by the Ventura County Grand Jury found that two of the county's IHSS workers had criminal convictions but had not been detected because the Public Authority did not use the DOJ Live Scan system.

Stanislaus County was charging IHSS workers for their background checks, which Ridley-Thomas stated the bill would prevent.

David Smith, a union representative for California United Homecare Workers, the union representing Lake County's IHSS providers, said local IHSS providers are not charged for the background checks.

In addition, the bill requires that IHSS applicants who are rejected because of findings in the criminal background report be advised of their right to a copy of their criminal history to review it for accuracy and completeness. Under certain circumstances, applicants can request a waiver of the copy fee for the report.

Smith said California United Homecare Workers support the bill, because it prevents extra costs for providers and clients.

Other backs of the bill include United Domestic Workers/AFSCME, Access to Independence, California Alliance for Retired Americans, California Association of Public Authorities for In-Home Supportive Services, California Foundations for Independent Living Centers, Gray Panthers, Independent Living Centers of Northern California and Service Employees International Union.

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