TITLE 40
Human services

CHAPTER 40-13.2
Certification of Child Care and Youth Serving Agency Workers

SECTION 40-13.2-4.1


§ 40-13.2-4.1 Criminal records check – Operators of youth serving agencies.

(a) 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 § 40-13.2-4 of this chapter, shall also constitute items of disqualifying information pursuant to this section.

(b) 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.

(c) 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.

(d) The operator or proposed operator of the youth 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 as regards the operator or proposed operator of the youth 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 youth serving agency. The operator will 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 youth serving agency pursuant to § 40-13.2-5.1, and the results of the checks.

History of Section.
(P.L. 1997, ch. 217, § 3; P.L. 1997, ch. 228, § 3; P.L. 1997, ch. 322, § 3; P.L. 2006, ch. 216, § 24.)