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28 Pa. Code § 611.52 - Criminal background checks
PennsylvaniaregulationPennsylvania Department of Health
What this rule requires your agency to do
- 1The agency or registry must maintain criminal history records/letters (including for owners) in files available for Department inspection, keep them confidential, and use them solely for eligibility determinations.(28 Pa. Code § 611.52 - Criminal background checks)
- 2If a non-hire/removal decision is based on criminal history records, the agency or registry must give the affected individual information on how to appeal to the record source.(28 Pa. Code § 611.52 - Criminal background checks)
- 3The agency or registry may not hire, roster, or retain an individual whose State Police record reveals a prohibited conviction (6 Pa. Code § 15.143) or whose Department of Aging letter states ineligibility.(28 Pa. Code § 611.52 - Criminal background checks)
- 4Individuals resident in Pennsylvania for the 2 preceding years must obtain a State Police criminal history record; non-residents must obtain a Federal criminal history record and a Department of Aging letter of determination.(28 Pa. Code § 611.52 - Criminal background checks)
- 5Each applicant for employment or referral as a direct care worker, plus office staff and owners, must submit/obtain a criminal history report obtained at application or within 1 year immediately preceding the application date.(28 Pa. Code § 611.52 - Criminal background checks)
Applies to: personal care
Requires criminal history reports for direct care workers, office staff, and owners; sets State vs. Federal report rules, hiring prohibitions, recordkeeping, confidentiality, and appeal rights.
Regulatory information, not legal advice — always confirm against the cited official source. Verification reduces error; it does not certify compliance.