2023 -- H 5634

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LC001665

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO HUMAN SERVICES -- CERTIFICATION OF CHILDCARE AND YOUTH-

SERVING WORKERS AND OPERATORS

     Introduced By: Representatives Shallcross Smith, Kislak, Spears, Casimiro, Potter,
Giraldo, McNamara, Baginski, Hull, and J. Brien

     Date Introduced: February 15, 2023

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 40-13.2-5 of the General Laws in Chapter 40-13.2 entitled

"Certification of Childcare and Youth-Serving Workers and Operators" is hereby amended to read

as follows:

     40-13.2-5. Criminal records check — Employees of child day care, daycare centers,

family daycare homes, group family daycare homes, child-placing agencies and residential

childcare facilities that must be licensed by the department.

     (a) Any person seeking employment in a “child day care” program, a “family daycare

home,” “group family daycare home,” or in a “child daycare center” as defined in § 42-12.5-2, if

that employment involves supervisory or disciplinary power over a child or children or involves

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

household member of any operator of a “family daycare home” and “group family daycare home,”

or seeking that employment or to volunteer at the training school for youth, shall, after acceptance

by the employer of the affidavit required by § 40-13.2-3, apply to the bureau of criminal

identification of the state police or the local police department, or the office of the attorney general,

or the department of children, youth and families, for a nationwide criminal records check. The

check will conform to applicable federal standards including the taking of fingerprints to identify

the applicant. Further, any person seeking employment in a “child day care” program, in a “child

daycare center,” and/or in a “child daycare provider” as defined in § 42-12.5-2, if that employment

involves supervisory or disciplinary power over a child or children or involves routine contact with

a child or children without the presence of other employees shall apply to the bureau of criminal

identification of the state police or the local police department or the office of the attorney general

to conduct all necessary criminal background checks as required by the Child Care and

Development Block Grant of 2014 (CCDBGA), Pub. L. No. 113-186. The criminal record checks

as required by this section shall be conducted for every five (5) years of continuous childcare

employment from the date of the previous criminal background check.

     (b) Any person seeking employment in a “child-placing agency” as defined in § 42-72.1-

2, if that employment involves supervisory or disciplinary power over a child or children or

involves routine contact with a child or children without the presence of other employees, shall,

after acceptance by the employer of the affidavit required by § 40-13.2-3, apply to the bureau of

criminal identification of the state police or the local police department, or the office of the attorney

general or the department of children, youth and families, for a nationwide criminal records check.

The check will conform to applicable federal standards including the taking of fingerprints to

identify the applicant.

     (c) Any person seeking employment in a “childcaring agency,” “children’s behavioral

health program,” or in a “foster and adoptive home” as defined in § 42-72.1-2, that is, or is required

to be, licensed or registered with the department of children, youth and families, shall, after

acceptance by the employer of the affidavit required by § 40-13.2-3, apply to the bureau of criminal

identification of the state police or the local police department, or the office of the attorney general,

or the department of children, youth and families, for a nationwide criminal records check. The

check will conform to applicable federal standards including the taking of fingerprints to identify

the applicant.

     (d) [Deleted by P.L. 2019, ch. 88, art. 3, § 8.]

     (e) Upon the discovery of any disqualifying information as defined in accordance with the

rule promulgated by the director, the bureau of criminal identification of the state police or the local

police department or the office of the attorney general or the department of children, youth and

families will inform the applicant, in writing, of the nature of the disqualifying information. In

addition, the bureau of criminal identification of the state police or the office of the attorney general,

or department of children, youth and families, or the local police department will inform the

relevant employer, in writing, without disclosing the nature of the disqualifying information, that

an item of disqualifying information has been discovered.

     (f) In those situations in which no disqualifying information has been found, the bureau of

criminal identification of the state police or the local police department or the office of the attorney

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general, or the department of children, youth and families will inform both the applicant and the

employer, in writing, that no disqualifying information has been found.

     (g) Failure to show proof that the employer has initiated requests for background checks

required by this section will be prima facie grounds to revoke the license or registration of the

operator of the facility.

     (h) It will be the responsibility of the bureau of criminal identification of the state police

or the office of the attorney general, or the every local police department, or the department of

children, youth and families, to conduct the comprehensive nationwide criminal records check

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

the applicant for employment. Any expense associated for providing the criminal records check to

an existing employee shall be paid by the applicant and/or the requesting agency. Effective July 1,

2023, any new applicant, which shall include any person who has submitted an application for

employment to any agency or entity regulated by this section, shall be exempt from the payment

provisions of this section and the nationwide criminal records check shall be conducted at no

charge.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HUMAN SERVICES -- CERTIFICATION OF CHILDCARE AND YOUTH-

SERVING WORKERS AND OPERATORS

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     This act would repeal the provision that requires new applicants for employment under this

section to pay the expense for their background checks.

     This act would take effect upon passage.

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