Title 40
Human Services

Chapter 13.2
Certification of Childcare and Youth-Serving Workers and Operators

R.I. Gen. Laws § 40-13.2-5.2

§ 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, or the department of children, youth and families, 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 that 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 § 14-1-34 and/or § 15-7-11 and/or §§ 40-13.2-2, 40-13.2-4, 40-13.2-5, and/or § 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 that conducted the check forward the results, including the nature of the criminal record, to the department of children, youth and families.

History of Section.
P.L. 2011, ch. 234, § 1; P.L. 2011, ch. 252, § 1; P.L. 2016, ch. 147, § 3; P.L. 2016, ch. 154, § 3.