What CDSS requires (HCS 281 B3)
1. Abuse reporting procedures- Tell each staff member, volunteer, and aide that they must report abuse as HSC §1796.42 requires.
- Write down how your agency reports suspected abuse to law enforcement and protective services.
HSC §1796.42(e) says to report elder or dependent adult abuse under W&I Code §15630. Child abuse goes under Penal Code §§11164–11174.3. Keep a copy of each report for CDSS.
Under W&I §15630, report right away by phone or the online tool. If you call, send a written report within 2 working days. Outside a care facility, report to Adult Protective Services or local police.
2. Hiring practicesWrite how you will tell workers about job conditions. This applies to anyone whose job includes contact with clients, future clients, or client records. Their conditions include:
- Fingerprint clearance
- A statement of prior criminal convictions
- Signing that they know they must report suspected abuse
- TB clearance (HSC §1796.45)
- Entry-level and annual training (HSC §1796.44)
- Being on the Home Care Aide Registry
HCS 281 notes aides must be registered, TB-cleared, and finish 5 hours of entry training before serving clients.
Other rules in the law
- Clear before contact. Staff and volunteers with client contact must meet the background rules first (HSC §1796.43(a)(1)).
- Tell CDSS right away when an aide stops working for you (HSC §1796.43(a)(3)).
Other employer rules (CDSS does not enforce these)
HCS 281 says other agencies enforce wage and fair employment laws. Check that your policies follow them. For example:
- Harassment training: With 5 or more workers, train supervisors 2 hours and other staff 1 hour. Repeat every 2 years (Gov. Code §12950.1).
- Paid sick leave: At least 40 hours or 5 days a year (Labor Code §246).
- Discrimination complaints: Workers can file with the Civil Rights Department (CRD complaint process page).
