TITLE 40
Human Services

CHAPTER 40-13.2
Certification of Childcare and Youth-Serving Workers and Operators

SECTION 40-13.2-5


§ 40-13.2-5. Criminal records check – Employees of child day care, daycare centers, family daycare homes, group family daycare homes, child-placing agencies and residential childcare facilities that must be licensed by the department.

(a) Any person seeking employment in a "child day care" program, a "family daycare home," "group family daycare home," or in a "child daycare center" as defined in § 42-12.5-2, 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, or any adult household member of any operator of a "family daycare home" and "group family daycare home," or seeking that employment or to volunteer 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 office of the attorney general, 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. Further, any person seeking employment in a "child day care" program, in a "child daycare center," and/or in a "child daycare provider" as defined in § 42-12.5-2, 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 shall apply to the bureau of criminal identification of the state police or the local police department or the office of the attorney general to conduct all necessary criminal background checks as required by the Child Care and Development Block Grant of 2014 (CCDBGA), Pub. L. No. 113-186. The criminal record checks as required by this section shall be conducted for every five (5) years of continuous childcare employment from the date of the previous criminal background check.

(b) Any person seeking employment in a "child-placing agency" as defined in § 42-72.1-2, 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, 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 office of the attorney general 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.

(c) Any person seeking employment in a "childcaring agency," "children's behavioral health program," or in a "foster and adoptive home" as defined in § 42-72.1-2, that is, or is required to be, licensed or registered with the department of children, youth and families, 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 office of the attorney general, 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.

(d) [Deleted by P.L. 2019, ch. 88, art. 3, § 8.]

(e) 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 or the office of the attorney general or the department of children, youth and families 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 office of the attorney general, or department of children, youth and families, 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.

(f) 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 or the office of the attorney general, or the department of children, youth and families will inform both the applicant and the employer, in writing, that no disqualifying information has been found.

(g) Failure to show proof that the employer has initiated requests for background checks required by this section will be prima facie grounds to revoke the license or registration of the operator of the facility.

(h) It will be the responsibility of the bureau of criminal identification of the state police or the office of the attorney general, 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. Any expense associated for providing the criminal records check shall be paid by the applicant and/or the requesting agency.

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; P.L. 2019, ch. 88, art. 3, § 8.)