I need an idea as how to write a policy/procedure for hiring someone with a drug related offense in Assisted Living in Colorado

Question:
Regulation requiring how an employee with prior drug related conviction will be monitored.

Answer:

I’m not sure why, but I couldn’t find this conversation on the website. Maybe I’m just too late. I’m no attorney, but here are my thoughts…

a) Writing your P&P means you better stick with the decisions you make. I like to put a lot of “discrepancies will be investigated by E.D. and E.D. will make all final decisions”, that way I’ve got a little wiggle room, rather than saying they will or won’t be hired based on the policy
b) You can’t really take into account more than a 7 year look back
c) If there are minor offenses and you’re considering a hire, you can ask the employee to provide court records for your investigation
d) Don’t recall any specific regs, but they generally say that “a policy must be in place” and you are obligated to keep the residents safe

Ultimately, it’s our obligation to operate safe communities for residents. Drug related offenses, unless extremely minor are usually reason enough for me to forfeit that applicant and move on to someone else.


Jeremy R. Klassen
CALA Board Member

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