AN ACT RELATING TO HUMAN SERVICES -- CERTIFICATION OF CHILD CARE PERSONNEL

It is enacted by the General Assembly as follows:

SECTION 1. The title of Chapter 40-13.2 of the General Laws entitled "Certification of Child Care Personnel" is hereby amended to read as follows:

SECTION 2. Sections 40-13.2-1, 40-13.2-4, 40-13.2-5 and 40-13.2-6 of the General Laws in Chapter 40-13.2 entitled "CERTIFICATION OF CHILD CARE PERSONNEL" are hereby amended to read as follows:

40-13.2-1 Definitions. -- For the purpose of this chapter

(1) "Department" means the department for children and their families;

(2) "Director" means the director of the department for children and their families or the designee of the director;

(3) "Person" when used to describe the owner or operator of a facility which must be licensed or registered with the department {ADD or when used to describe a youth serving agency worker ADD} includes individuals, associations, and corporations.

{ADD (4) "Child" means any person less than eighteen (18) years of age, provided that a person over eighteen (18) years of age and not yet twenty-one (21) years of age who is nevertheless subject to continuing jurisdiction of the family court, pursuant to chapter 1, title 14 or is identified as emotionally disturbed as defined in chapter 7 of title 40.1 or is identified as developmentally delayed in accordance with chapter 1, section 8 of title 40.1 shall be a child for purposes of this chapter. ADD}

{ADD (5) "Youth serving agency worker" means any person in the employ of a youth serving agency who has supervisory or disciplinary authority over a child or children or whose work involves routine contact with a child or children without the presence of other employees. ADD}

{ADD (6) "Youth serving agency" means any facility or program which is operated for more than two (2) hours per day at least one (1) day per week, and which provides programs and activities for children and employs persons who have supervisory or disciplinary authority over a child or children. School programs operated by schools certified under the provisions of title 16 of the general laws are not considered youth serving agencies pursuant to this chapter. ADD}

{DEL 40-13.2-4 Criminal records check -- Operators. -- DEL} {ADD 40-13.2-4. Criminal records check -- Operators of child care facilities which must be licensed or registered with the department. -- ADD} 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. 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 bureau of criminal identification of the state police or the local police department will inform the director in writing of the nature of the disqualifying information.

{DEL 40-13.2-5 Criminal records check -- Employee. -- DEL} {ADD 40-13.2-5. Criminal records check -- Employee of child care facilities which must be licensed by the department. -- ADD} Any person seeking employment, 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, in any facility which is, or is required to be, licensed or registered with the department or seeking that employment at the training school for youth shall, after acceptance by the employer of the affidavit required by section 40-13.2-3, 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 applicable federal standards including the taking of fingerprints to identify the applicant. 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 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 local police department will inform the applicant 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 bureau of criminal identification 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 department, evidence that 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 bureau of criminal identification 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.

40-13.2-6 Prior criminal records checks. -- If an applicant for employment has undergone a {DEL nationwide DEL} criminal records check pursuant to section 40-13.2-4{ADD , 40-13.2-4.1, 40-13.2-5 or 40-13.2-5.1 ADD} within eighteen (18) months of an application for employment, then an employer may request from the bureau of criminal identification of the state police or the local police department {ADD or the attorney general's office for employees of youth serving agencies pursuant to sections 40-13.2-4.1 and 40-13.2-5.1 ADD} a letter indicating if any disqualifying information was discovered. The bureau of criminal identification will respond by stating if an item of disqualifying information was discovered without disclosing the nature of the disqualifying information {ADD or by stating that no disqualifying information was discovered ADD}. The letter may be maintained on file to satisfy the requirements of section 40-13.2-4{ADD , 40-13.2-4.1, 40-13.2-5 or 40-13.2-5.1 ADD}.

SECTION 3. Chapter 13.2 of the General Laws entitled "Certification of Child Care Personnel" is hereby amended by adding thereto the following sections:

{ADD 40-13.2-4.1. Criminal records check -- Operators of youth serving agencies. -- ADD} {ADD Any person seeking to operate a facility or program which is a youth serving agency shall apply to the bureau of criminal identification of the attorney general's office for a criminal records check. Those items of information appearing on a criminal records check which have been determined to constitute disqualifying information by the director pursuant to section 40-13.2-4 of this chapter shall also constitute items of disqualifying information pursuant to this section. 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 attorney general's office will inform the applicant in writing of the nature of the disqualifying information. In addition, the bureau of criminal identification of the attorney general's office will inform the applicant 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 bureau of criminal identification of the attorney general's office will inform the applicant in writing of this fact. The operator or proposed operator of the child serving agency will maintain on file a document issued by the bureau of criminal identification of the attorney general's office stating that no disqualifying information has been discovered regarding the operator or proposed operator of the child serving agency and this document shall be made available for inspection by the parent(s)/guardian(s) of any child enrolled in the programs of the child serving agency. The operator shall also maintain on file, and make available for inspection by the parent(s)/guardian(s) of any child enrolled in the programs of the youth serving agency, evidence that criminal records checks have been obtained on all employees of the child serving agency pursuant to section 40-13.2-5.1, and the results of the checks. ADD}

{ADD 40-13.2-5.1. Criminal records check -- Employee of youth serving agency. -- ADD} {ADD Any person seeking employment, 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, in any facility or program which is a youth serving agency shall file with the employer the affidavit required by section 40-13.2-3. Said affidavit shall be maintained on file by the employer and shall be made available for inspection by the parent(s)/guardian(s) of any child who is enrolled in the programs of the youth serving agency. Any person seeking employment, if that employment involves supervisory or disciplinary authority over a child or children or involves routine contact with a child or children without the presence of other employees, in any youth serving agency, shall apply to the bureau of criminal identification of the attorney general's office for a criminal records check. Those items of information appearing on a criminal records check which have been determined to constitute disqualifying information by the director pursuant to section 40-13.2-4 of this chapter shall also be items of disqualifying information pursuant to this section. 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 attorney general's office will inform the applicant in writing of the nature of the disqualifying information. In addition, the bureau of criminal identification of the attorney general's office will inform the applicant 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 bureau of criminal identification of the attorney general's office will inform both the applicant and the employer in writing of this fact. The employer will maintain on file, and make available for inspection by the parent(s)/guardian(s) of any child enrolled in the programs of the child serving agency, evidence that criminal records checks have been obtained on all employees of the child serving agency pursuant to section 40-13.2-5.1, and the results of the checks. The criminal records checks will be provided to the applicant for employment without charge. ADD}

SECTION 4. This act shall take effect upon passage.