Bay Area home care agency fined $100,000 for placing unscreened aides with clients

SAN JOSE – A Bay Area home care agency has been fined $100,000 for placing unscreened aides, some of them with criminal records, with elderly and disabled clients, according to prosecutors.

The fine is the result of a first-of-its-kind consumer protection lawsuit filed by the Santa Clara County District Attorney’s Office, prosecutors said in a news release Thursday.

The civil complaint alleged Daly City-based Serving Seniors Care did not obtain required clearances for dozens of aides before they were placed with clients, according to prosecutors. The district attorney’s office also said the agency made false statements on its website and in its client agreements that its aides were properly screened.

State law requires home care agencies to ensure aides are cleared on the California Department of Social Services home care aide registry before they are placed with clients.

Clearance requires fingerprinting and a criminal history check, according to prosecutors, and those convicted of any crime are prohibited from serving as aides.

“Families trust home care organizations to follow the law when they hire employees,” District Attorney Jeff Rosen said in a statement. “Placing strangers into homes without a background check or screening puts elderly and disabled citizens in harm’s way.”

The violation came to light after a Serving Seniors Care aide allegedly stole thousands of dollars from an elderly client in Palo Alto, according to prosecutors. That case remains pending. The district attorney’s office said its investigation also found a different aide allegedly stole money form a client in another Bay Area county.

The court ordered Serving Seniors Care and its owner to pay $100,000 in civil penalties for unfair competition and false advertising, according to prosecutors. The company was also instructed to comply with the Home Care Services Protection Act and to maintain personnel records related to all clearances and placements.