2012 -- H 7828

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LC01661

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO EDUCATION - CERTIFICATION OF PERSONNEL PROVIDING

EDUCATIONAL SERVICES TO VERY YOUNG CHILDREN

     Introduced By: Representatives Hearn, and Marcello

     Date Introduced: February 28, 2012

     Referred To: House Health, Education & Welfare

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 16-48.1-5 of the General Laws in Chapter 16-48.1 entitled

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"Certification of Personnel Providing Educational Services to Very Young Children" is hereby

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amended to read as follows:

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     16-48.1-5. Criminal records check -- Employee. - (a) Any person seeking employment,

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if the employment involves supervisory or disciplinary power over a child or children or involves

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routine contact with a child or children without the presence of other employees, in any facility

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covered under section 16-48-1 shall, after acceptance by the employer of the affidavit required by

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section 16-48.1-3, apply to the Rhode Island bureau of criminal identification for a nationwide

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criminal records check. The check will conform to applicable federal standards including the

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taking of fingerprints to identify the applicant and any expenses associated with providing the

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criminal records check shall be paid by the applicant and/or requesting agency. Upon the

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discovery of any disqualifying information as defined in accordance with the rule promulgated by

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the commissioner, the Rhode Island bureau of criminal identification will inform the applicant, in

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writing, of the nature of the disqualifying information. In addition, the Rhode Island bureau of

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criminal identification will inform the employer, in writing, without disclosing the nature of the

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disqualifying information, that an item of disqualifying information has been discovered. In those

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situations in which no disqualifying information has been found, the Rhode Island bureau of

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criminal identification will inform both the applicant and the employer, in writing, of this fact.

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The employer will maintain on file, subject to inspection by the commissioner, evidence that the

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criminal records checks have been initiated on all employees seeking employment after August 1,

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1985, and the results of the checks. Failure to maintain that evidence on file will be prima facie

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grounds to revoke the license or registration of the operator of the facility. It will be the

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responsibility of the Rhode Island bureau of criminal identification to conduct the nationwide

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criminal records check pursuant to this section. The nationwide criminal records check will be

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provided to the applicant for employment without charge to the applicant and without charge to

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the prospective employer if the employer is a tax exempt corporation or an unincorporated

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nonprofit organization qualified under section501(c) of the United States Internal Revenue Code,

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26 U.S.C. section 501(c).

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     (b) The provisions and requirements of having to provide a criminal records check from

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the bureau of criminal identification for a nationwide criminal records search shall also apply to

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any person or entity which provides any kind of service to children and minors up to the age of

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seventeen (17) whether as an employee, self-employed or volunteer. The director of the

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department of children, youth and families shall determine by rule those items of information

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appearing on a criminal records check which constitutes disqualifying information. Criminal

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background checks must be undergone every five (5) years from the date of the initial approval.

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     SECTION 2. This act shall take effect upon passage.

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LC01661

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO EDUCATION - CERTIFICATION OF PERSONNEL PROVIDING

EDUCATIONAL SERVICES TO VERY YOUNG CHILDREN

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     This act would require that all persons and entities which would provide any kind of

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service to children and minors up to the age of seventeen (17) be required to provide a criminal

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records check.

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     This act would take effect upon passage.

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LC01661

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