03-hs-02 Care Givers & In-home Health Care

Recommendations 2

• R5

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  Recommendation pertinent to F5: The grand jury recommends the BOS foster the development of programs that work to mitigate tensions within the county.
• R6

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  Recommendation pertinent to F6: The grand jury recommends the HRC continuously monitor and review cultural diversity/sensitivity training programs for all city and county law enforcement personnel. RESPONSES: THE FOLLOWING RESPONSES TO REPORT 03-HS-01 ARE REQUIRED PURSUANT TO PENAL CODE 933 AND THE STANDARD FORMAT FOR RESPONSES. 1. The Humboldt County Board of Supervisors shall respond to R1 through R6. 2. Information Services shall respond to R1. 3. The General Services Administration Director shall respond to R2. GRAND JURY REPORT NO. 03-HS-02 CARE GIVERS & IN-HOME HEALTH CARE Health, Education & Social Services Committee INTRODUCTION: Because the Humboldt County Grand Jury received a complaint in the death of an invalid receiving in-home health care, it looked into the issue of the care of invalids and disabled people in the county and learned that care givers are not required to be registered and that no level of training is required. Those care givers who are hired under the auspices of In- Home Health Services (IHHS) are currently paid by the State of California which has enacted legislation to make Humboldt County the "employer of record.@ The state has no training requirements and no background investigation on in-home health care providers. They are hired by the individual needing care, paid by the state and now the county is mandated to be the employer of record. This raises concerns over liability and responsibility in the event of fraud, abuse, neglect or even wrongful death to either the client or the care giver. Confidentiality laws made to protect the privacy of individuals have been cited by county agencies and departments as reason to deny access to information by the grand jury. The grand jury is an investigative and entirely confidential (California Penal Code Sec. 924) "watchdog" Body charged by law (P.C. 914) to investigate or inquire into county matters of civil concern and to safeguard the public from malfeasance, nonfeasance and misfeasance by county departments and agencies. When this grand jury requested information from Adult Protective Services (APS) regarding that agencies' reasons for closing a case, it was refused the information based on Welfare & Institutions Code 10850. Thus, legislation enacted to protect the public’s right to privacy is used to thwart grand jury investigations. 15