Committee advances substitute to standardize background checks for home care workers

Representative Johnson introduced Senate Substitute 1 for Senate Bill 67, describing it as a measure to strengthen protections for vulnerable Delawareans who rely on home care while clarifying employers' use of criminal background checks. "A criminal history report obtained through the background check center is valid for one year from the date of the applicant's last fingerprinting," Johnson said, adding that the substitute directs regulations to require use of a wrap‑back system so that current and future employers are notified if an employee whose fingerprints are on file is later arrested or convicted for a disqualifying offense.

Johnson said the bill updates the statute to specify the frequency of fingerprinting, the content of conviction information that is shared, and the process by which applicants may contest adverse information. She noted supporting organizations, including the Delaware Hospital Association, and estimated a small one‑time fiscal note of about $45,000 related to implementation.

Cheryl Hicks, executive director of the Delaware Health Care Facilities Association, testified in support and emphasized workforce impacts for long‑term care providers. The committee moved to release the substitute; Representative Smith moved, Representative Harris seconded, a roll call was held and the chair announced the motion carries. The substitute will be presented to the full House for consideration.

If enacted, the change would allow agencies and employers to reuse a single background check report over a 12‑month period and establish a mechanism to capture any new disqualifying criminal history during that year.