Oct 10 2009
Action Underway to Address Felons Working in Nursing Homes
A few weeks ago, I posted a story about felons working in Florida nursing homes. Thanks to that series of articles in the South Florida Sun-Sentinel, Florida’s attorney general is getting involved.
Here’s the latest article from the Sun Sentinel’s Sally Kestin:
Florida’s attorney general has ordered a review of a state system that allows convicted felons to work in day care and nursing homes, after a Sun Sentinel investigative series.
In a letter to legislators this week, Bill McCollum said the series highlighted the “disastrous results” of Florida’s exemption process that has cleared more than 8,700 people with criminal pasts to work as caregivers of children, seniors and the disabled.
A Central Florida woman with a record for aggravated assault won an exemption from the state to work in a nursing home, where she stole $36,000 from patients, the newspaper reported.
“With her violent criminal background, she should have never been given the opportunity to work in a position of trust,” McCollum wrote. The Republican official directed his staff to review existing laws and policies and make recommendations before the Legislature convenes in March.
Legislators are already working on changes to state law to restrict who can receive an exemption and for what crimes. One proposed bill would ban people with records for violence and fraud from ever getting clearance to work as a caregiver.
The Legislature created exemptions two decades ago as a second chance for people with long-ago or minor offenses in their past.
But the Sun Sentinel’s “Trust Betrayed” series found the state also granted exemptions to career criminals and people convicted of rape, kidnapping and murder. A dozen registered sex offenders were cleared to work along with 200 people charged with harming children.
Research in Florida has found that as many as half of convicted felons commit more crimes within five years of their release, said Joe Jacquot, the attorney general’s chief of staff.
“The state shouldn’t give people the opportunity to do so,” he said.
Lawmakers have also pledged to fix other problems identified by the Sun Sentinel series. Caregivers would have to pass a nationwide background check before they could begin working with children, the elderly or disabled, under proposed legislation.
Now, many caregivers undergo a criminal history search in Florida only, and can be on the job several months before the results come back.
The reforms have the support of George Sheldon, secretary of Florida’s Department of Children & Families. Sheldon has written a four-page letter to lawmakers outlining his plan to tighten screening requirements and exemptions, and met with legislative leaders this week.
The newspaper series “really made a tremendous difference in people’s resolve to address these issues,” said state Sen. Nan Rich, D-Weston. “I think this is just going to be a no-brainer.”
Sally Kestin can be reached at skestin@SunSentinel.com or 954-356-4510.
