Chapter 234

2011 -- H 5222 SUBSTITUTE A

Enacted 07/09/11

 

A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF CHILDREN, YOUTH, AND FAMILIES

 

     Introduced By: Representatives Carnevale, Williams, DeSimone, Medina, and Ucci

     Date Introduced: February 03, 2011

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Chapter 40-13.2 of the General Laws entitled "Certification of Child Care

and Youth Serving Agency Workers" is hereby amended by adding thereto the following section:

 

     40-13.2-5.2. Criminal records check—Employees of the department of children,

youth and families. – (a) Any person seeking employment with the department of children,

youth and families shall apply to the bureau of criminal identification (BCI), department of

attorney general, state police, or local police department where the applicant resides, for a

national and state criminal records check. The check shall conform to the applicable federal

standards including the taking of fingerprints to identify the applicant. The director shall

determine by rule those items of information appearing on a criminal records check which

constitute disqualifying information because the information would indicate that employment

could endanger the health or welfare of a child or children and would be inconsistent with the

purpose and intent of the department of children, youth and families.

     (b) The department of attorney general, the state police or the local police department

shall forward the results of the nationwide and state criminal record checks, including the nature

of any criminal record, on the individual to the individual and to the department of children,

youth and families. Upon the discovery of any disqualifying information with respect to an

applicant, the department of children, youth and families shall inform the applicant of the

disqualifying information.

     (c) The cost of criminal record checks required by this section for individuals who are not

currently employed by the State of Rhode Island shall be the responsibility of the applicant. The

cost of criminal records checks required by this section for individuals who are currently

employed by the State of Rhode Island shall be the responsibility of the department of children,

youth and families.

     (d) Any individual required to submit to a criminal background check, state and/or

federal, under subsection (a) above who has submitted to a criminal background check conducted

within the previous six (6) months in accordance with section 14-1-34 and/or section 15-7-11

and/or sections 40-13.2-2, 40-13.2-4, 40-13.2-5, and/or section 40-13.2-9, shall be exempt from

an additional check but shall request the department of attorney general, the state police or the

local police department which conducted the check forward the results, including the nature of

the criminal record, to the department of children, youth and families.

 

     SECTION 2. This act shall take effect upon passage.

     

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LC00344/SUB A/2

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