The Legislature finds and declares all of the following: (

a) Instances of elder and dependent adult abuse are on the rise, with the majority of the abuse occurring in the home of elderly or dependent person by noncertified caregivers. (

b) This state has a responsibility to protect these persons and to see that they are safeguarded from individuals who may pose a threat to their well-being. (

c) Criminal background checks of individuals who provide personal care services to elder and dependent adults, while not ending all occurrences of abuse, will serve as a factor in reducing some of these occurrences and giving senior citizens, dependent adults, and their families a sense of security that care is not being administered by individuals with dangerous criminal backgrounds. (

d) An effective background check program will be timely, affordable, and encompass caregivers in domestic and institutional settings. (

e) Individuals providing personal care services to elder and dependent adults should be well trained and appropriately compensated for their services to foster the creation of a long-term, professional work force. (

f) Therefore, it is the intent of the Legislature in enacting this

article that certified nurse assistants and certified home health aides shall be subject to a criminal background check. (

g) It is the intent of the Legislature that the State Department of Social Services prepare a plan by January 1, 1996, to implement a program of criminal background checks for in-home care providers employed under the In-Home Supportive Services program (Article 7 (commencing with

Section 12300) of

Chapter of

Part 3). The plan shall be made available to the Legislature upon request.