Employment of Staff with Disqualifying Criminal Conviction
Penalty
Summary
Facility staff failed to ensure compliance with hiring protocols by employing an individual with a disqualifying criminal conviction. Specifically, a certified nursing assistant (CNA) was hired despite having a Class A Felony conviction for First Degree Assault involving serious physical injury or a special victim, which is a disqualifying factor for employment in the facility. The facility's Abuse Prohibition Protocol Policy prohibits the employment of individuals found guilty of abuse or with abuse violations against their professional license, and the Hiring Process Policy requires checks of the Employee Disqualification List (EDL) and the Family Safe Care Registry (FSCR) for all potential hires. A review of the CNA's personnel file confirmed the hire date and revealed that the required criminal background check (CBC) conducted at the time of employment did not identify the disqualifying crime, as the facility relied on a private investigation firm rather than the mandated FSCR. It was only upon a subsequent CBC request that the disqualifying conviction was discovered. Interviews with facility staff indicated that the receptionist was responsible for conducting CBCs and that the oversight occurred prior to the current administrator's tenure, with the proper registry not being used during the initial hiring process.