Criminal Background Checks

Title 16, Chapter 11, Subchapter III, Sections 1141 and 1145 of the Delaware Code requires the Department of Health and Social Services (DHSS) to complete criminal background checks on persons applying for a position in a nursing home or home health agency licensed pursuant to 16 Del. C. Ch.11, that affords access to patients or individuals receiving care at such a facility or private home, or a person applying for a license to operate such a facility or business.

DHCQ requires that persons applying to such facilities sign a release allowing the State Police to proceed with fingerprinting and complete a check of state criminal history through the State Bureau of Identification (SBI) and the Federal Bureau of Investigation (FBI).

All employers must now use the DHCQ Background Check Center

All applicants for employment in long term care facilities and home health agencies must have a criminal background check, according to State of Delaware law. The Division of Health Care Quality receives, investigates, and maintains criminal history records, to qualify or disqualify employment applicants.

Employers may hire an applicant on a conditional basis pending receipt of the qualified/disqualified determination from the Division of Health Care Quality, after the employer obtains proof that the applicant has submitted his/her fingerprints to the State Bureau of Identification for this process.

Call DHCQ at (302) 421-7400 for more information about criminal background check requirements for employment in long-term care facilities or home health agencies.

Fingerprinting

All fingerprinting for employment in Delaware long-term care facilities or home health agencies is done in Kent County through the:
Delaware State Police State Bureau of Identification
600 S. Bay Road, Suite 1, Dover DE 19901

Walk-in Only
Monday – Friday 8 a.m. – 3:30 p.m.

Call (302) 739-5884 for additional information.

Be sure to bring:

• Picture ID (driver’s license, State ID, social services card, etc.)
• Completed Criminal History Record Request form .
• Payment of $85.00 in form of cash, Visa, Master Card, Discover and a business check or money order payable to the Delaware State Police

Mandatory Drug Testing

All applicants for employment in long-term care facilities and home health agencies must submit to drug testing, according to State of Delaware law.

Employers may hire an applicant on a conditional basis pending receipt of the drug test results, after the employers obtain proof that the applicant submitted to the testing.

For more information about the drug testing requirements for employment in long term care facilities or home health agencies, please call DHCQ at (302) 421-7400.

Background Check Center

The Division of Health Care Quality’s electronic Background Check Center gathers information from a variety of sources and makes the information available through a single portal.

The Background Check Center retrieves information from:

• State Bureau of Investigation – state and federal criminal background checks
• Adult Abuse Registry
• Nurse Aide Registry
• National Sex Offender Registry
• Delaware Sex Offender Registry
• Professional Regulation – license verification
• Office of the Inspector General
• Department of Labor – service letters
• Child Protection Registry
• Delaware Health Information Network – drug tests

Providers may call the Background Check Center helpline at (302) 421-7405 for additional information.

Employment Disqualifiers

The Division of Health Care Quality uses the following list of disqualifiers—similar to those used by the State of Delaware Board of Nursing—to qualify potential employees for patient care roles in Delaware-licensed skilled, acute and outpatient facilities.

Disqualifiers	Limit
Abuse, Mistreatment, or Neglect of a patient/resident of a facility	15 years
Theft under $1500 and victim 62 years or older, infirm/disabled person	15 years
Theft over $1500 and victim 62 years or older, infirm/disabled person	15 years
Exploit resources $500 or more but less than $5,000 of an infirm/disabled person	15 years
Crime against vulnerable adult	15 years