Napa Patch - New Napa Law Targets Caregivers

With the adoption of its new caregiver ordinance, Napa becomes the only county statewide to require those who care for the elderly to apply for a permit that requires a background check.

The ordinance, effective July 1, requires the permit and background check for anyone providing care for the elderly who receives compensation for that service, whether money or free room and board.

At a gathering in Napa last week to announce the new law, Congressman Mike Thompson, (D-St. Helena) told the audience of about 50 people the ordinance's mandated background checks reveal if caregivers have crime or drugs in their past.

“This will protect our elderly and assure their physical, emotional and financial safety,” Thompson said.

Napa County District Attorney Gary Lieberstein recalled a case about a decade ago where a woman was arrested for a shootout with law enforcement at Napa State Hospital.

No one was injured, but the woman was found not guilty by reason of insanity and committed to Atascadero State Mental Hospital.

Three years later she was found to be competent and released. She took a job as a caregiver for an elderly woman in Contra Costa County.

After her patient was stabbed to death, the caregiver was arrested and charged with the murder. She was found guilty and is serving a life sentence in state prison.

“If someone would have done a background check, this could have been prevented,” Lieberstein said. “No one in their right mind would have hired that woman to be a caregiver.”

Caregivers licensed through the state, such as nurses who require fingerprinting and background checks from their employers, are exempt from the new Napa County ordinance.

Although there is no formal policing, anyone working as a caregiver without a valid permit can be arrested and fined up to $1,000, according to Napa County Deputy District Attorney Mike Mautner, who prosecutes elder-abuse cases.

“We will not be going into homes to check on caregivers' permits. But if there is a reason for authorities to go into such a home, they will ask to see the caregiver's permit,” he said.

Mautner added those currently working as caregivers who don't have permits "need to obtain one.”

Many elder abuse crimes are not reported, said Jane Hinshaw, district attorney's investigator.

“Many victims are scared, embarrassed and worried about retaliation from the caregiver,” Hinshaw said. “And many elders are abused by family members.”