Will Assisted Living Facilities Accept Registered Sex Offenders?

In some areas — such as Florida’s Hernando County and Hillsborough County — local government ordinances similarly create senior-safe zones, prohibiting registered sex offenders from entering long-term care facilities or senior centers.

The Fair Housing Act protections don’t apply to convicted criminals, and many housing providers, including assisted living communities, conduct background checks on applicants. Each state must maintain a publicly searchable and up-to-date sex offender website alongside the searchable national sex offender database. Although federal law requires law enforcement agencies to provide information about registered sex offenders in the interest of public protection, reporting processes vary widely between states, and officials only notify long-term care facilities in some areas.

In some states, such as Texas, assisted living communities must check if an applicant is a registered sex offender. Some jurisdictions, such as Louisiana, add a requirement that care facilities inform other residents, staff and visitors if a sex offender lives there. Others have legislation mandating that long-term care providers teach residents how to perform independent checks of the sex offender registry. Communities that knowingly accept sex offenders have an enhanced duty to maintain safety for other residents; alongside thorough risk assessments, some facilities have separate living areas or extra staffing. Many states, such as Oregon, also allow long-term care facilities to discharge residents without notice if they discover a sex crime conviction after admission.

Sex offenders should inquire with individual communities whether registration status is automatic grounds for refusal. While many facilities don’t admit people on the sex offender register, some may, depending on the nature of the offense and their staffing capabilities. Additionally, some areas have stand-alone long-term care facilities for sex offenders. Older adults with sex offense convictions who require daily help but are ineligible for assisted living may consider home care as an alternative. Visiting aides provide tailored personal care and support with daily activities in an individual’s private residence. Although some agencies may refuse clients based on their history, others may implement extra steps, such as two-person visits. Crucially, home care agencies don’t have the same liability or duty-of-care concerns regarding other residents as assisted living facilities.