TITLE 40
Human services

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

SECTION 40-13.2-5


§ 40-13.2-5 Criminal-records check – Employee of child-care facilities which must be licensed by the department.

(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 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 § 40-13.2-3, apply to the bureau of criminal identification of the state police or the local police department, or the department of children, youth and families, for a nationwide, criminal-records check. The check will conform to applicable federal standards including the taking of fingerprints to identify the applicant.

(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 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 relevant employer, 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 state police or the local police department will inform both the applicant and the employer, in writing, of this fact.

(d) 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.

(e) Failure to maintain that evidence on file will be prima facie grounds to revoke the license or registration of the operator of the facility.

(f) It will be the responsibility of the bureau of criminal identification of the state police or the local police department, or the department of children, youth and families, 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.

History of Section.
(P.L. 1985, ch. 334, § 1; P.L. 1988, ch. 247, § 1; P.L. 1997, ch. 217, § 2; P.L. 1997, ch. 228, § 2; P.L. 1997, ch. 322, § 2; P.L. 2004, ch. 37, § 1; P.L. 2004, ch. 118, § 1; P.L. 2006, ch. 216, § 24; P.L. 2016, ch. 147, § 3; P.L. 2016, ch. 154, § 3.)