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, 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 § 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, 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.

(c) 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 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 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.

(e) 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 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. The criminal records checks will be provided to the applicant for employment without charge.

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.)