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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111683
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I need to get background checks on potential caregivers and

Customer Question

I need to get background checks on potential caregivers and don't have the time to go over their CNA license to make sure they are not phony etc... WHo can do this for me locally in my town?
Submitted: 9 months ago.
Category: Legal
Expert:  CalAttorney2 replied 9 months ago.

Dear Customer,

Thank you for using our forum, my name is ***** ***** I look forward to assisting you today.

Contact a local staffing agency, they can do this kind of background work for you. (Usually you can find multiple agencies that either specialize in medical staffing, or have subdivisions that do so).

Customer: replied 9 months ago.

These are independent caregivers....NOT with any local agencies. SOme are just mothers that have taken care of their own aging parents successfully... SO they know the ropes... Recommended by someone,,, but I want to check other stuff

Expert:  CalAttorney2 replied 9 months ago.

Dear Customer,

I am not sure what "other stuff" you want to check on these potential care workers.

But, as far as a general background check (what you can expect to get as an employer, licensing records, a basic criminal record check - not livescan/fingerprinting, and a public records check (looks for civil actions, etc.)) can be performed by a local employment firm.

If your current search is using internet search tools, you are going to be getting significantly better information by using a professional - they pay for subscriptions to proprietary databases for their information and will generally have less false leads than those found on random internet searches.

Customer: replied 9 months ago.

I want to know if there are any charges ever placed for theft or maltreatment of someone under their care, their driving background, arrest records even if they were teenagers...So i just look up "employment firms" in my city?" I got so use to using craigslist for jobs that i don't even know they exist any more. So If i am checking the background of the guy that will take my dad to poker games once a week and fishing. And the lady that will cook my recipes once a week, and another person that will take my mom walking to the park and shopping... That is three people... If they don't work out, which has happened so far,, people moving or they have their own families that needed them... I could be checking the background on 10 people before someone actually stays. Do you know how much this costs?

Expert:  CalAttorney2 replied 9 months ago.

Dear Customer,

You are asking for more information than you can get in most cases (juvenile records are generally sealed, driving records usually only go back about 5 years). Even for security jobs, and other sensitive posts they do not permit employers to go digging through a person's unlimited history.

The searches you are proposing are going to be prohibitively expensive (especially if you are planning on screening all of your potential applicants).

However, you can get a criminal background check (FL is going to give you more than some other states which allow expungement of misdemeanors), a DMV record, and if you pay more for it, a records search for online civil records. But if you really want to do a lot of digging, you can pay a private investigator or a process server to do so.

For all of this you are going to have to get permission from the applicant, and offer to provide copies of everything that you receive.

I really would recommend working with a local employment agency, they can go over what they use in the industry, what you can reasonably expect, and how much it is going to cost.

Customer: replied 9 months ago.

So I can use a local employment agency but bring them the names of the caregivers that I might hire? Do i need their permission or can i just do it without their knowing?

Expert:  CalAttorney2 replied 9 months ago.

To get the kind of information you are looking for, you are going to need their permission.

But again, contact a local employment agency and speak with them. That is going to be the best way to get started, they can provide you with the necessary forms (including the background information that they need to do the search properly, and the release forms), as well as the fee.

Customer: replied 9 months ago.

What is a release form...and from whom?

Expert:  CalAttorney2 replied 9 months ago.

The release is from your potential employees, allowing you (or your agent(s) - the employment agencies) to run the background check.

Customer: replied 9 months ago.

The agency said they can only do a background check if they put the person on their payroll.

Expert:  CalAttorney2 replied 9 months ago.

Dear Customer,

I am going to "opt out" and allow another expert to follow up with you.

Please do not post any further at this time as it will delay the next expert's ability to follow up.

If you need any assistance in the meantime, please contact our customer service at: http://ww2.justanswer.com/help

Thank you for using our forum, and I do wish you the best of luck.

Bill

Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

First, you need to get any of your prospective employees to fill out a background check release form: http://spy4rent.com/wp-content/forms/backgroundauth.pdf

Once you have that form signed by the prospective employee, you can then use a local background check company to conduct the background check. This is the best way for you to get the information, since these people are going to become employees of yours as they are working for you as caregvers and they will be deemed your employees. You can use companies such as: https://www.sunshineresearch.com/
to check these people out before hiring them.
Customer: replied 9 months ago.

doesn't the police department have criminal reports they can print for anyone? I can also just ask a potential helper to get a background check on themselves at the local police dept. Right?

Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your reply.

You can request a potential helper to get their own check from the police department. All the police department provides is criminal records check only.

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