Ask Mike - Would a felony conviction prevent me from being my daughter's carer?

Dear Wondering about Felony,

Thank you for writing. You wanted to know if a felony conviction 8 years ago would prevent you from being your daughter's direct support staff.

The answer to your question will vary from state-to-state. In some states, the answer would be "no"; in others, "yes". In some states, the answer will depend on the type of felony. For example, was it a violent crime? Was it a crime that would also fall under the rubric of abuse or exploitation such as assault or forgery? The easiest thing to do would be to ask the state Medicaid agency. Depending on the answer you get from the state, you may want to explore advocacy options. The PAS Center Website may be able to help you find the answer to your question and possibly provide some assistance with getting additional information and exploring your options.

To get in touch with your state Medicaid agency and to get assistance with additional information and possible advocacy options, go to the PAS Center's Agencies Related to PAS page, select a state and click on "Medicaid Agency". You will also notice some other options under "Medicaid Agency". In particular, check out "Protection and Advocacy Agency", "State Independent Living Council and Centers for Independent Living" and "Aging and Disability Resource Centers". Try any of these if you need to pursue additional information and/or if you want to explore the possibility of getting advocacy assistance.

Good luck. For better or worse, some states are just a lot stricter than others when it comes to allowing people with criminal records to provide direct services and supports.

Regards,

Mike Oxford