TITLE 40
Human Services

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

SECTION 40-13.2-5.1


§ 40-13.2-5.1. Criminal records check – Employee of youth-serving agency.

(a) Any person seeking employment or seeking to volunteer, if that employment or volunteering 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 that is a youth-serving agency shall file with the employer the affidavit required by § 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.

(b) Any person seeking employment or seeking to volunteer, if that employment or volunteering 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 for a national criminal records check. The national criminal records check shall include fingerprints submitted to the Federal Bureau of Investigation (FBI) by the bureau of criminal identification of the department of the attorney general, the division of the state police, or the local police department for a national criminal records check. The national criminal records check shall be processed prior to the commencement of employment or volunteer activity.

(c) Those items of information appearing on a national criminal records check that have been determined to constitute disqualifying information by the director pursuant to § 40-13.2-4 shall also be items of disqualifying information pursuant to this section.

(d) 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 department of the attorney general, the division 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 department of the attorney general, the division 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.

(e) In those situations in which no disqualifying information has been found, the bureau of criminal identification of the department of the attorney general, the division of the state police, or the local police department will inform both the applicant and the employer, in writing, of this fact.

(f) 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 youth-serving agency, evidence that criminal records checks have been obtained on all employees of the youth-serving agency pursuant to this section, and the results of the checks.

(g) The applicant shall be responsible for the cost of conducting the national criminal records check through the bureau of criminal identification of the department of the attorney general, the division of the state police, or the local police department.

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; P.L. 2017, ch. 401, § 1.)