Chapter 220
2011 -- S 0691
Enacted 07/01/11
A N A C T
RELATING TO
EDUCATION - CERTIFICATION OF PERSONNEL
Introduced By: Senator P Fogarty
Date Introduced: March 10, 2011
It is enacted by the
General Assembly as follows:
SECTION 1. Sections 16-48.1-4 and 16-48.1-5 of the General
Laws in Chapter 16-48.1
entitled "Certification of Personnel Providing
Educational Services to Very Young Children" are
hereby amended to read as follows:
16-48.1-4.
Criminal records checks -- Operations. -- Any person seeking to operate
a
facility covered under section 16-48-1 shall apply to the
identification of the state police or the local police department
for a nationwide criminal records
check. The check will conform to the applicable federal
standards including the taking of
fingerprints to identify the applicant and any expense
associated with providing the criminal
record check shall be paid by the applicant and/or
requesting agency. The commissioner
will
determine by rule those items of information appearing on a
criminal records check which
constitute disqualifying information because the information
would indicate that the operation or,
in the case of an employee, the employment could
endanger the health or welfare of a child or
children. Upon the discovery of any disqualifying information
with respect to a proposed
operator, the bureau of criminal identification of the
state police or the local police department
will inform the commissioner in writing of the nature of
the disqualifying information.
16-48.1-5.
Criminal records check -- Employee. -- Any person seeking employment,
if
the 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, in any facility
covered under section 16-48-1 shall, after acceptance by the
employer of the affidavit required by
section 16-48.1-3, apply to the of the state police
or the local police department for a nationwide criminal records check. The check
will conform to
applicable federal standards including the taking of
fingerprints to identify the applicant and any
expenses associated with providing the criminal records check shall
be paid by the applicant
and/or requesting agency. Upon the discovery of any disqualifying information as defined in
accordance with the rule promulgated by the commissioner, the
identification of the state police or the local police department
will inform the applicant, in
writing, of the nature of the disqualifying information. In
addition, the
criminal identification of the state police or the local
police department will inform the employer,
in writing, without disclosing the nature of the
disqualifying information, that an item of
disqualifying information has been discovered. In those situations in
which no disqualifying
information has been found, the of the state police
or the local police department will inform both the applicant and the employer, in
writing, of this
fact. The employer will maintain on file, subject to
inspection by the commissioner, evidence that
the criminal records checks have been initiated on all
employees seeking employment after
August 1, 1985, and the results of
the checks. Failure to maintain
that evidence on file will be
prima facie grounds to revoke the license or registration
of the operator of the facility. It will be
the responsibility of the of the state police or the
local police department to conduct the nationwide criminal records check pursuant to this
section.
The nationwide criminal records check will be provided
to the applicant for employment without
charge to the applicant and without charge to the
prospective employer if the employer is a tax
exempt corporation or an unincorporated nonprofit
organization qualified under section501(c) of
the United States Internal Revenue Code, 26 U.S.C.
section 501(c).
SECTION 2. Section 40-13.2-4 of the General Laws in Chapter
40-13.2 entitled
"Certification of
Child Care and Youth Serving Agency Workers" is hereby amended to read as
follows:
40-13.2-4.
Criminal records check -- Operators of child care facilities which must be
licensed or registered with the department. -- Any person seeking to operate a facility, which
is, or is required to be, licensed or registered with
the department shall apply to the
bureau of criminal identification of the state police or
the local police department for a
nationwide criminal records check. The check will conform to the
applicable federal standards,
including the taking of fingerprints to identify the applicant and
any expense associated with
providing the criminal records check shall be paid by the
applicant and/or requesting agency.
The
director will determine by rule those items of information
appearing on a criminal records check,
which constitute disqualifying information because that information
would indicate that the
employment could endanger the health or welfare of a child or
children. Upon the discovery of
any disqualifying information with respect to a proposed
operator, the
criminal identification of the state police or the local
police department will inform the director,
in writing, of the nature of the disqualifying
information.
SECTION 3. This act shall take effect upon passage.
=======
LC01089
=======