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55 Pa. Code § 52.20 - Provisional hiring
PennsylvaniaregulationPennsylvania Department of Human Services (Office of Long-Term Living)· effective 2012-05-19
What this rule requires your agency to do
- 1If the criminal history check reveals the person is disqualified under § 52.19, the provider shall terminate the provisionally-hired person immediately.(55 Pa. Code § 52.20 - Provisional hiring)
- 2A provider may hire provisionally only while it is in the process of obtaining a criminal history check under § 52.19, and may not hire a person provisionally if it has knowledge the person would be disqualified under 18 Pa.C.S. § 4911.(55 Pa. Code § 52.20 - Provisional hiring)
- 3The provisional-hire period may not exceed 30 days for a person who has been a Commonwealth resident at least 2 years, or 90 days for a person who has been a resident less than 2 years.(55 Pa. Code § 52.20 - Provisional hiring)
- 4A provisionally-hired employee shall swear or affirm in writing that he is not disqualified from employment under this chapter.(55 Pa. Code § 52.20 - Provisional hiring)
- 5A provider shall monitor the provisionally-hired person through random, direct observation and participant feedback, and document the monitoring results in the person's employment file.(55 Pa. Code § 52.20 - Provisional hiring)
Applies to: personal care
Sets conditions, monitoring duties, and time limits for hiring a person provisionally pending a criminal history check, and requires immediate termination if the check reveals disqualification.
Regulatory information, not legal advice — always confirm against the cited official source. Verification reduces error; it does not certify compliance.