Nursing Homes|Nursing Home Abuse|Assisted Living Facilities

Ask an elderly Veteran if they are aware they may be eligible for a pension from the Veteran's Administration and they will tell you "I'm not eligible because I was not injured in the War." This is a common misconception which keeps many Veterans from tapping into a benefit they well earned by serving our country. The fact is elderly, disabled Veterans and their widows may very well qualify for large sums of money, but they have to apply for the funds. There are several Veteran pensions, but the pension designed to help elderly Veterans and Veteran's Widows pay for costly Home Health Care, Assisted Living Facility or Nursing Home fees (if the Veteran is not covered by Medicaid) is called Special Monthly Pension with Aid and Attendance. The pension can pay a married Veteran up to $1,949.00 per month, an unmarried Veteran up to $1,644.00 per month and a Veteran's Widow can receive up to $1,056.00 per month. The amount one receives is based upon their medical expenses and their current financial and medical status. The pension is paid by check directly to the Veteran or Veteran's Widow every month as long as they meet the criteria.

The Special Monthly Pension with Aid and Attendance is the government's best kept secret. I cannot tell you how many seniors have told me that they called Veterans Affairs and were actually told that this pension does not exist or that they do not qualify. For thirteen years, I have assisted Veterans and Veteran's Widows in obtaining these funds - they really do exist.

To get the maximum pension amount, a Veteran must qualify medically and financially and must have served their country for at least one day during "War Time". Also the Veteran must have been honorably discharged. Every case is considered individually. If a Veteran or Veteran's Widow feels they may qualify, they can apply for the pension. The pension can take many months to actually be approved. The average waiting period is three to eight months. The first check will be retroactive to the month the application arrived at the Veterans' Affairs, therefore the first check may be for thousands of dollars. Subsequent checks will arrive monthly for the approved amount. This pension money can mean the difference between affording adequate care for an aging Veteran/ Widow or having no care at all.

As with any governmental program, success is all in the paperwork. The pension application is many pages long and some of it is in essay form. It is the exact wording used in the essay areas that mean the difference between approval and denial. Also, Veteran's Affairs does not tell Veterans about all the supporting documents that they would like to see. The better the medical and financial records, the better the chances are of approval. Including the right medical forms signed by a doctor is very important for approval. Also typical of governmental red tape is the frustrating lack of communication. Once the application is filed and in the process of being reviewed, it is nearly impossible to get an update or check on the status of the application unless the Veteran/ Widow make the call themselves. For most of our clients, they are too ill or too confused to make a call like that.

In a perfect world, financial assistance for those who qualify should be easily accessible and easy to get. But the reality is that government agencies are inherently complicated and their application processes are never self explanatory or simple. Ignorance of the rules is no excuse and no one will tell you the rules. The rules are written in a handbook, but the Veterans Affairs is not allowed to give them to you. Seasoned Eldercare professionals can often navigate these processes for you. They may charge for their services, but to attempt to do it yourself and have your application denied, will cost much more money. The Department of Veterans' Affairs supposedly employs staff to help Veterans and their Widows apply for these pensions for free, but it is these very people who have told so many seniors that they do not qualify, when in fact they could qualify if they made one small change. Perhaps Veteran's Affairs is afraid that if they made it easy for every Veteran to apply, the pension fund would go broke. Given that War Time includes the Gulf War Era which began in 1990 and has not ended yet, I anticipate the pension fund will one day be either broke or impossible to get. For now, the money is very much available and attainable.

Here are the Special Monthly Pension with Aid and Attendance eligibility criteria for the year 2008.

1) Veteran served in the Military for at least one day during War Time or had a spouse who served at that time. Spouses are people whom you never divorced.
2) Honorably Discharged from the Military.
3) Currently has medical or psychological condition which make the Veteran or Veteran widow dependent on the aid or assistance of a non- family member in order to meet their daily care needs or they reside in an Assisted Living Facility or Nursing Home ( not on Medicaid). This claim must be supported by physician signed forms, financial data and medical records.
4) Veteran Financial Criteria: Have assets in their own name below $80,000 (if married) or below $50,000 (if single). The car and house does not count as an asset. Annual income below $19,736,.00 (if single) or $ 23,396.00 (if married) after all medical expenses such as insurance premiums/copays, assisted living facility fees, paid caregiver salary, medications, medical transportation/ supplies, certain housing expenses, etc.
5) Veteran Widow Financial Criteria: Assets below $50,000 and income less than $12,681 per year (after medical expenses listed above).
6) Note: Income figures are AFTER MEDICAL EXPENSES. VA may require someone of advanced age to have fewer assets than quoted above. We have seen this when applicants are near 100 years old.

In many cases, if a person has a paid care giver, such as a nurse's aide, or they pay an assisted living facility, or they pay out of pocket for a nursing home, those expenses impact so greatly on a person's net income, that they will meet the criteria for the income level.

If a Veteran or Veteran Widow has cash assets above the limit, they are allowed to place those assets into certain investments in order to have them "sheltered". This sheltering does not have a penalty or "look back period" associated with it. Proper asset sheltering for Special Monthly Pension with Aid and Attendance should be done under the supervision of an elder care professional or attorney well versed in Medicaid planning because one could easily ruin the chances of ever getting Medicaid if the V.A. pension planning was done incorrectly.

With a little professional planning, many Veterans and Veteran Widows can receive pensions that make a significant difference in the amount of care they receive. After all, the reason for this particular pension is to assure that a Veteran or Veteran Widow does not live in a substandard environment in their old age. It takes a little work to apply for this pension, but anything worth having usually does.

In Florida, I've recently heard of three nursing homes in the area that had scabies cases. A client of mine at the mental health clinic told me that she couldn't get elimite at the local pharmacy as it had sold out. Her child had picked it up at the local child care center from another student. I spoke to a nurse at the mental health clinic where I work and she said that she feels itchy when leaving the assisted living facility she works at one time a week but she's never contracted scabies.

Scabies are very tiny mites so they can't be seen by the naked eye. They can be spread by skin contact such as holding hands and sexual relations, as well as by sharing clothing or bedding. Kids play very close to each other and get into wrestling and close contact looking at baseball cards, cell phone pictures and coloring together. At nursing homes people sit next to each other watching tv, hug each other for support and sometimes share clothing with their roommates. Sharing head phones can spread it as well and kids tend to do this with ipods often.

With scabies you may first itch before you notice the rash. Common spots are the arm pits, webs of fingers, wrists, stomach area and buttocks. Kids can get scabies on their faces but adults generally don't. You may also see the little burrow lines that are white, grey or red where the female egg zig zags under your skin to lay the eggs. These are difficult to see due to their thinness.

Permethrin cream is applied to the skin and left on over night to kill the scabies. At the same time, a thorough wash is needed in very hot water for the clothing and bedding. After 24 hours kids can go back to school, but be aware that if other kids are carrying scabies or untreated, one can get re-infected. This is one reason why they foud that a nursing home kept having residents re-infected. People weren't treated that had scabies and when they were, they didn't apply the cream under the nails. This is an important area that gets forgotten. When people scratch themselves , they can easiy spread what's under their finger nails to others. Scabies is not difficult to treat, but it needs to be done properly and with attention to detail.

Since we are in the aging of America, many baby boomers have pets for companions. It is said that seniors live longer, happier, healthier lives with a pet.

Most communities or developments do consider themselves as pet retirement communities. What does this mean? In general, it means that pets are o.k. to have and are not prohibited. However, depending where you live, in a pet retirement community, there may be restrictions on the pet you own. For example, you may not be allowed to own Pit Bulls, Doberman Pinchers, or dogs weighing over a certain weight. Your pet friendly communities or development has what are called 'Docs' or Documents that do have restrictions listed.

The pet friendly retirement communities you choose may have a certain area that is dedicated to a pet park. There may also be restrictions on where you can walk your pet. Be sure to carry all the paraphernalia needed to poop-a-scoop.

Are you going to an assisted living community or independent living community? Be sure to review their policies as to a friendly retirement communities:

* a deposit to cover pet related damages.
* insurance against dog bites
* pet care fee's for pet care you can't provide
* vet availability

It really is not uncommon to see pets in friendly retirement communities. Ask those around you in the community where you plan to retire. They will tell you what a delight it is to have a pet companion in their lives.

Like anything else, do your due diligence in your research for you and your pet retirement communities.

Adult day care centers are a preferred alternative to nursing home or institutional care, providing activities, opportunities for socialization, convenience, and independence all while providing expert health care dedicated to helping clients improve daily functioning or delay worsening of conditions. There are many reasons to consider adult day care, including the following benefits.

1. Prolonged Independence and Improved Daily Functioning

Medical adult day care centers promote their clients' ability to remain independent by supplementing the assistance they receive from family caregivers with a program of health care services and activities custom-tailored to each individual's needs and interests.

By taking part in these activities, clients receive cognitive and physical stimulation that helps to enhance well-being while delaying or preventing a decline in health that would ultimately lead to placement in an assisted living facility or nursing home. In addition, many offer on-site specialists to provide physical therapy, speech therapy, and occupational therapy. These therapists work with clients to improve daily functioning by developing strength, range of motion, balance and cognitive abilities.

2. Nutrition and Medication Management is a Priority

Ensuring that clients receive proper nutrition and medication each day in the absence of their family caregivers is an important factor in fulfilling the commitment of helping clients maintain the best possible quality of life and well-being.

Caregivers can be assured that nutrition is a top priority. Adult day care centers provide appetizing, wholesome meals and snacks that are approved by a dietician. Meals served at centers typically include provisions for diabetics, vegetarians, sodium-restricted or low-cholesterol diets and other special dietary needs.

Additionally, the staff can administer medications and injections as prescribed, monitoring the effectiveness of the treatment and relaying this information to the client's physician, caregivers and case manager.

3. A Cost-Effective Alternative to Nursing Homes or Institutions

Adult day care centers offer the most cost-effective long-term care option. While costs differ based on care level and geographic region, nationwide averages show that the annual costs for medical adult day care services are significantly less than those for other long-term care options.

In many cases, services may be paid in part or in full by Medicaid, the Veterans Administration, or private long-term care insurance, although coverage varies by state and policy. Additionally, out-of-pocket expenditures may qualify as a tax-deductible medical expense.

4. The Convenience of Door-to-Door Transportation

Some adult day care centers provide flexible, door-to-door transportation for their clients within a convenient radius of the center.

In addition to transportation to and from centers, many also escort their clients to medical appointments when needed. This service is particularly helpful for caregivers who maintain full- or part-time employment outside the home, as it decreases disruption of and distraction from their work day.

5. Effective Management of Chronic Conditions

When clients come to an adult day care center, they typically receive a customized care plan that incorporates cognitive and physical activities as appropriate in order to help them remain active and intellectually stimulated throughout the day while maintaining or improving their present level of independence and functioning.

Adult day care centers typically staff skilled RNs, LPNs, personal care assistants, activities staff, and therapists who play an important role in helping their clients address the challenges of chronic conditions. The staff is able to help by assisting with daily personal care and hygiene, nutrition and medication management, blood pressure and blood sugar monitoring, tracheotomy care and tube feeding, and offering on-site physical, speech and occupational therapy. Additionally, many centers will work with families in the implementation of these health management and therapeutic techniques, so they can take an active role in the client's care and treatment at home.

Adult day care centers provide many benefits for both caregivers and their loved ones. The convenience, health assurance, socialization, and cost all contribute to the many reasons that adult day care is becoming a preferred choice for caregivers. The decision for what type if care is best for your loved one can be difficult. Before making the decision, consider if adult day care may be the right choice for these reasons, and many more.

If you're approaching retirement age, you might be wondering about the difference between the types of housing options for seniors. From continuing care to 55+ communities, there are a number of options to help seniors, no matter what they're looking for. Living in one of these places can provide seniors with a variety of activities to keep them busy, but how do you know which is right for you?

55+ Communities

These are specially planned areas with seniors in mind. They're typically in warmer weather climates and offer amenities like fitness centers with pools, spas, tennis courts, bocce courts, golf courses, meeting rooms, ball rooms, arts and crafts centers, dancing lessons, on-site restaurants and more. Residents can choose to live in their own home or apartment and many offer gated security that's available 24 hours a day, seven days a week. Although these 55+ communities are for people as they live out their retirement years, they are not retirement homes. They do not have nursing staff or other medical personnel on site and are not intended for residents with serious medical conditions that require constant care.

55+ communities have age requirements that must be met before residents can move in. Consideration is made if one member of a couple is over 55, however many have restrictions on the length of time guests under 55 can stay in the community. This sometimes mean that other family members need to stay in a hotel for an extended visit, so check on these restrictions before buying a home if you expect to have long-term out of town guests.

Some 55+ communities that offer active living lifestyles offer special weekend getaways for people who are thinking of moving to the area. If you're interested in trying out the active living lifestyle before committing yourself to buying a home and moving in full-time, consider one of these weekends. This will let you try out a number of 55+ communities to make sure you've found the one that's right for you.

Nursing Homes

Nursing homes provide round the clock care to residents. They're ideal for people who need continuous care like physical, occupational or other therapies. Nurses and other staff will help residents bathe, get dressed, eat and more. Once someone goes to live in a nursing home, they often stay there for the rest of their life, although some residents can be rehabilitated to the point where they no longer require long-term professional care.

Continuing Care Retirement Communities

A continuing care retirement community blends aspects of active living with the care available at a nursing home. They're the ideal situation for seniors who require daily assistance, yet do not need the constant, round the clock care of a nursing home. Seniors can live independently, yet move into assisted living as it's necessary. These typically don't offer as many amenities as 55+ communities.

Choosing where to live after retirement can be a big decision. Many seniors have active living lifestyles before retirement, and want to continue this lifestyle afterwards. Knowing the difference between these types of housing options can help you make a knowledgeable decision on the one that best fits your needs.

As a new nurse, I'm all too familiar with the proclivity for older nurses to try to intimidate newer, less experienced, nurses. This concept, this idea, this fact, has been around for a very longtime. After all, it isn't like the colloquial saying, "Nurses eat their young" was created yesterday. In fact, nurses start to eat their young as they hit the floors during clinical. It starts, in my opinion, in nursing school. Now, as my former classmates and instructors know, I'm verbose, stubborn, bright, and intense. As an older male entering a traditional nursing school full of young 20 something females with whom just entered college for the first time, I found nursing school extremely challenging to say the least. As an older professional, former law enforcement officer, I didn't like being bullied, intimidated, or humiliated. And, I often fought back, usually to no avail. Overall, nursing school was a good experience, but I'll never forget some of the tactics my professors tried to use to break me down, put me down, and insult my intelligence.

As a nursing technician, I remember the abuse I, as well as many of my colleagues, endured. Many nurses, especially new nurses, like to pick on, chew up, and demoralize their less experienced, less educated nurse technicians. I've been yelled at, ridiculed, lambasted for not being able to read minds, and I always, believe or not, bit my tongue (nursing school excluded).

Now, as a registered nurse, I still witness nurses eating their young. Sure, it's usually subtle, nurses putting newer nurses in situations they know they can't handle for their own amusement. Or, using their caustic wit as a weapon, they will try to put their younger counter parts in their place. I'm not immune, I've been victimized. However, I have tough skin, armor I've developed over the years from monsters bigger and badder than my colleagues in balloon decorated scrubs.

However, the past is the past. Now, this is the 21th century. And guess what? I, as well as many others, am now the future of nursing. And now it's time to eliminate the practice of nurses eating their young. Not only is it unethical, contradictory to our ethical tenet of doing no harm, it costs hospitals, long-term care facilities, and clinics too much money. Unfortunately, the turnover in hospitals is ridiculous, costing our healthcare system millions of dollars every year. The practice of nurses eating their young is, in a sense, no longer economically viable. We just can't do it anymore, and we shouldn't.

How are we supposed to dispose of this atavistic relic rite of passage? Well, we must quit putting up with it. As a future administrator, I will not tolerate abuse amongst my team members. I challenge my peers and all present administrators to put an end to this, as it is shameful. We're nurses, we're advocates, counselors, ethicists, and technicians all rolled up into one. It's time we act like it.

Close to 1,000 people a year are recovering from ME and other similar debilitating conditions after taking a 3 day training program in North London.

It's not unusual for residents of Weston Park, Crouch End, to see someone wheeled down the quiet street in a wheelchair, and two days later see the very same person walking with ease down the road unaided.
The Phil Parker Lightning ProcessTM is a training program which is producing amazing results where other 'treatments' for debilitating conditions, such as ME, have failed.

Devised by Phil Parker, Osteopath, personal development coach and author, the Lightning Process is helping thousands of people considered 'lost causes', by the medical profession, resolve chronic back pain, headaches, migraines, digestive problems depression, anxiety, panic attacks and ME.

Esther Rantzen's daughter resolved her well publicized battle with ME after a three day trip to visit Phil Parker. Ex-England Rugby player Austin Healey has spoken of the joy he felt after his wife resolved five years of her debilitating fight with the illness which literally lays sufferers' lives to waste. Austin Healey says: 'We'd been searching for five years to find a cure for my wife Louise's ME. We found the Lightning Process delivered that cure. Louise is now completely recovered and our future is brilliant again. Having seen the Lightning Process in action, I'm convinced it is the most powerful way to make rapid and lasting changes in any area of your life'.

ME currently affects 250,000 people in the UK and it is generally understood by the Medical profession that there is no cure. Over 1,000 clients a year can attest that this is not the case. In fact, the Lightning Process has been so effective, a large number of former ME sufferers (helped by LP) have since retrained as practitioners and now teach the Lightning Process throughout the UK.

These 25 people all recovered from ME using the Phil Parker Lightning Process. Their combined number of years of illness was 330.

The Lightning Process was devised by Phil Parker and combines concepts from NLP, Hypnotherapy, Life Coaching and Osteopathy. Parker says: 'The Phil Parker Lightning Process is the result of my research over the last decade into why, when problems occur in people's lives, some of them hit a wall and get stuck and others seem to be able to deal with the difficulties in a different way and move forward.'

Parker developed the innovative Lightning Process and has gone on to help thousands of sufferers, including Vikki who was housebound for many years. (see Vikki's former life-story here: http://www.bbc.co.uk/kent/content/articles/2007/05/08/features_me_vikki_feature.shtml ) Vikki is now well and has just returned from her first holiday abroad in 18 years.

How can a self-development coach help 1,000's who've been failed by the medical profession?.

The story of the creation of the Lightning Process began with failure. Parker says: 'I had studied with some of the best personal development trainers in the world, read the most cutting edge books, become a highly respected authority in the world of change, and yet there were still some clients, who I felt I should be able to help because of my advanced skills and depth of experience but for whom nothing seemed to work.'

Many of these were ME patients and I began to dread treating them. It's frustrating as a practitioner to fail your patients. And for me, taking them on and not providing results was a failure.'

Parker took his worries to other professionals, and he says: 'This didn't surprise them, dozens of other professionals had tried and failed- they had become resigned to ME sufferers being a hopeless case. This in many cases also extended to patients suffering problems such as low self esteem, self-doubt and even self-hatred, anxiety and depression'.

Parker knew that while he could help many people resolve their issues, there was a hard-core element that weren't able to resolve theirs. Parker says: 'I kept wondering, "What was the difference?" and if we could identify this difference, could we retrain those people "stuck" in their own personal hell, to get unstuck.'

Understanding the mind/body link

The research undertaken by Phil Parker looked at how the brain and body become trapped in a number of damaging unconscious responses, which blight health and stunt lives. Using a powerful combination of techniques uniquely developed using the philosophies and research of NLP, osteopathy, self hypnosis and life coaching, Parker began to achieve amazing results with clients by training them to successfully replace old unhelpful responses and start to regain their health, their sense of self and their future.

How does it work?

Using the LP's technique of combining particular body movements and postures with a set of precisely targeted questions many people have got their health back into balance, quickly and successfully recovering from real illnesses that had troubled them for years.

The Process is specifically tailored to an individual's needs and abilities, and the trainee is supported and assisted by an experienced trainer throughout the seminar and afterwards as required.
The 3 day training program teaches, step by step, how to influence key body systems such as the immunological, neurological and muscular skeletal system.

Is it Positive Thinking? No, unfortunately Positive Thinking on its own is unlikely to make you recover from ME.

Powers of attorney for healthcare decision making are a valuable tool to ensure that your medical wishes are carried out if you become incapacitated and unable to express your desires. However, these powers can be abused and cost you dearly - in terms of your personal well-being and even your finances.

Here's a real life story to illustrate:

Dad is 80 years old and suffers from dementia. While mentally incapacitated, his son manipulates Dad into signing powers of attorney for both finances and for healthcare.

Dad has enough money in various investments and bank accounts to pay for in-home caregiving services. These services are very expensive, but he, like most elderly individuals, would prefer to remain at home in a familiar and comfortable environment. If Dad was mentally capable of deciding where he would live and whether his savings should be used for his care, then he certainly would choose to remain at home.

Unfortunately, his son has different ideas. He views Dad as a cash cow, and sees no reason why Dad's money should be used for in-home care and deplete son's inheritance.

Therefore, son uses the power of attorney for healthcare (referred to as an Advance Health Care Directive in California) to have Dad permanently placed in a nursing home. Son also speaks with the nursing staff, and convinces them that Dad's other children intend to harm him, and that no one is to have any access or communication with Dad, unless son authorizes it.

Isolation is a key element in elder financial abuse. In order for son to carry out his plan, he must make sure that all outside contact with Dad is halted; otherwise, a family member or friend could visit Dad, ask questions of the nursing staff, and uncover son's devious plot of exploitation.

Now that Dad has been warehoused in a nursing home (via the healthcare power of attorney), son has free rein to use the financial power of attorney to access all of Dad's monies. Son can close accounts, open new accounts in son's name only, and transfer all of Dad's monies. Soon, Dad is broke and the nursing home bills will be paid for by the state.

Sounds incredible, but this is a true story. Fortunately, some help is available, but it requires someone to recognize that abuse is taking place and then step up to the plate and intervene.

In California, for example, nursing home personnel are mandated reporters. This means that the law requires that they report, to law enforcement or Adult Protective Services, any reasonable suspicion that elder abuse is occurring. The tip can be anonymous. Adult Protective Services would then interview Dad, the nursing staff, and son, and determine whether abuse is taking place and whether the matter needs to be referred to law enforcement.

An elder law attorney can also assist with civil litigation to freeze Dad's accounts, recover the monies wrongfully taken, and return Dad to his home with in-home health care assistance; provided, however, that son has not already spent most of Dad's money.

While a power of attorney for healthcare is an important tool, it can also be abused if placed into the hands of an unscrupulous person.

In Miami home health care is becoming more prevalent because of the overcrowding of hospitals. While that's not a bad thing, elderly care in Miami is beneficial to those who have very limited mobility. The specialization for elderly care professions range from nurses to speech pathologists. Where elderly care in Miami is especially important are for members of assisted or retirement communities.

Make no mistake about it, senior citizens need the deepest amount of healthcare and regardless of where they live. Imagine the benefits of having elderly care. There is no risk of an emergency in the transportation of patients from the home to the hospital.

Home health is becoming more prevalent because of the flexibility that if affords patients. It's also cost effective for hospitals and other health professions.

When living in an assisted living center or retirement community, it becomes especially beneficial because of the resources that are already there.

Home health professionals are trained to be aggressive and understanding the needs of every patient. More and more retirement communities are employing home health professionals because they are realizing that there are many benefits to it and structurally it makes sense for the retirement community.

Healthcare is a delicate thing today and you need the best care at any moment's notice. Home health is definitely a way to do so. Getting care at any point in the day is something that will benefit everyone. Allow home healthcare in Miami work for you. It will be the best decision for you and the family.

California LiveScan is the state run system administered by the California Department of Justice for criminal background checks and is available only on workers whose work includes working with children, the elderly and disabled. These include law enforcement agencies, public and private schools, non-profit organizations and in-home supportive care agencies. There is no other statewide criminal check available for employers. All school teachers, public and private, recreational workers and nursing home workers must be LiveScaned.

Church pastors and nursery workers are also eligible to use the program. Most churches use LiveScan if they already use it for their affiliated church school. Organizations who use this program send their applicants who have been conditionally hired pending the background check, to a LiveScan vendor who fingerprints the applicant (the applicant puts their fingerprints on a scanner which electronically scans the fingerprint, hence the name) submits the applicant's data online to the state where a statewide criminal check is performed and, if chosen by the organization ordering the report, a nationwide NCIC (FBI files) check is performed. The resulting information is then sent to the participating organization.

This system is one of the best in the in the country, but the purpose of this article is to point out that it does have what I consider to be major flaws that very few people know about. I think that it is very important, especially for parents, to know the system's limitations in hopes that someday the state will tighten the loopholes and more children will be protected.

The LiveScan system places strict limitations on what information is available and how that information is distributed. The criminal history report is sent to the organization's Records Custodian, which may or may not be the person making the hiring decision and in larger organizations it us usually not the same person. The Records custodian is only allowed to tell the person making the hiring decision that the person has passed or failed the LiveScan. They don't even get to know why that person has failed the background check.

SURPRISING FACT # 1. CALIFORNIA LIVE SCAN DOES NOT REPORT ALL CRIMINAL HISTORY The state of California has mandated that only records related to the following categories are revealed by LiveScan: 1. Crimes relating to child abuse or elder abuse 2. Sex Offenders 3. Convictions or incarcerations in the last 10 years as a result of committing: theft, robbery burglary or any felony.

Now, on its face the list above looks pretty good, but let's go over some of the crimes that it doesn't cover and as we go through the list try to think of your child's nanny or her Sunday school teacher engaged in these crimes. Here's a partial list: Assault, Accessory to a crime, Aiding and abetting, Bad check writing, Carrying a gun without a license, Contempt, Domestic Violence, False impersonation, Medicare fraud, Stalking, Drug possession, Indecent exposure, Misdemeanor Prostitution, Lewd conduct, Disorderly conduct, Disturbing the peace, Vandalism, Trespassing, Malicious mischief, Public drunkenness and the list goes on. I don't know about you, but before I would hire someone to work with children I think I would want to know if they are a pot-smoking, bar-fighting drunk-in-public type person. Most people would agree.

SURPRISING FACT # 2. LIVESCAN DOESN'T CHECK FOR ANY CIVIL RECORDS. OK maybe now you are thinking that this California LiveScan doesn't cover as much as you thought and you would be correct. It also doesn't cover any civil court rulings against a person such as Restraining orders, Non-molestation orders, Order for Protection and Injunctions (for things such as stalking). You don't think that is important? The Family Violence Prevention Fund estimates that up to three million women are the victims of domestic violence each year and restraining orders are one important way that they can protect themselves.

SURPRISING FACT # 3 LIVESCAN DOES NOT CHECK THE CALIFORNIA SEX OFFENDER REGISTRY (also known as the Megan's Law registry). THE PRECEEDING SENTENCE IS NOT A MISPRINT; IT'S TRUE! You can verify this by calling the California Department of Justice and asking them. Their number is 916 227-4974. By now you are probably asking yourself, "How in the world can this be true? A state system designed to protect children doesn't even check for drug offenders, wife beaters and sex offenders? That is unconscionable!" Even as I write this I find it hard to believe myself. It doesn't even check the Megan's Law list for sex offenders who have moved to California from another state who are required to register.

BUT WAIT; THERE'S MORE. There are even two more area that LiveScan does not check or report. When it searches criminal records, it only searches records where a person was fingerprinted. For a minor, non-violent crime people are sometimes issued a notice to appear, just like a traffic ticket. People who are arrested in that way are not fingerprinted. I understand that when big cities do things like prostitution sweeps that they sometimes use that method for both the prostitutes and their "clients". Also, if an arrest is found on someone's criminal history and there is no corresponding disposition such as a trial verdict, plea agreement or sentencing information, they withhold the information from you. The following quote is off their website: "Unless otherwise authorized by law, where only an arrest record exists but the Department is unable to obtain corresponding disposition information, the Department shall suppress that arrest information and provide the authorized agency with a response that no criminal history information exists."

As a person who has been in the background check business for 13 years and the father of two college age daughters, I would have designed the system very differently to say the least. I certainly would not have designed in holes big enough to drive a truck through and potentially let criminals have access to children. The more I study this information the more I am convinced that the State of California is more interested in protecting the rights of criminals than protecting children and the elderly. In all my dozens of conversations with pastors, school administrators and law enforcement people I have only spoken to one person, who was truly aware of the built-in limitations of the LiveScan system. Most people assume that if it is the state-run system then it must be the best and most complete.

As I was re-researching the data to write this article I also found that it is possible for someone to have their sex offence crime expunged after serving their sentence, but would still be required to be registered as a sex offender. That is one more very convincing reason to check the Megan's Law list.

Again, if someone was background checking my daughter's teacher, coach, counselor or pastor I would want a more thorough check and I expect better from the State of California on behalf of all children.

THE ALTERNATIVE: Most organizations who use LiveScan have to by state law, but if you have a choice you should consider a private sector background check from a reputable company that gives you all of the criminal information on a county by county basis, checks the civil records, the Megan's Law list and records from any other state where a person may have lived.