125.14A - PERSONNEL OF A LICENSED PROGRAM ADMITTING JUVENILES.
125.14A PERSONNEL OF A LICENSED PROGRAM ADMITTING
JUVENILES.
1. If a person is being considered for licensure under this
chapter, or for employment involving direct responsibility for a
child or with access to a child when the child is alone, by a program
admitting juveniles subject to licensure under this chapter, or if a
person will reside in a facility utilized by such a program, and if
the person has been convicted of a crime or has a record of founded
child abuse, the department of human services and the program, for an
employee of the program, shall perform an evaluation to determine
whether the crime or founded child abuse warrants prohibition of
licensure, employment, or residence in the facility. The department
of human services shall conduct criminal and child abuse record
checks in this state and may conduct these checks in other states.
The evaluation shall be performed in accordance with procedures
adopted for this purpose by the department of human services.
2. If the department of human services determines that a person
has committed a crime or has a record of founded child abuse and is
licensed, employed by a program licensed under this chapter, or
resides in a licensed facility the department shall notify the
program that an evaluation will be conducted to determine whether
prohibition of the person's licensure, employment, or residence is
warranted.
3. In an evaluation, the department of human services and the
program for an employee of the program shall consider the nature and
seriousness of the crime or founded child abuse in relation to the
position sought or held, the time elapsed since the commission of the
crime or founded child abuse, the circumstances under which the crime
or founded child abuse was committed, the degree of rehabilitation,
the likelihood that the person will commit the crime or founded child
abuse again, and the number of crimes or founded child abuses
committed by the person involved. The department of human services
may permit a person who is evaluated to be licensed, employed, or to
reside, or to continue to be licensed, employed, or to reside in a
program, if the person complies with the department's conditions
relating to the person's licensure, employment, or residence, which
may include completion of additional training. For an employee of a
licensee, these conditional requirements shall be developed with the
licensee. The department of human services has final authority in
determining whether prohibition of the person's licensure,
employment, or residence is warranted and in developing any
conditional requirements under this subsection.
4. If the department of human services determines that the person
has committed a crime or has a record of founded child abuse which
warrants prohibition of licensure, employment, or residence, the
person shall not be licensed under this chapter to operate a program
admitting juveniles and shall not be employed by a program or reside
in a facility admitting juveniles licensed under this chapter.
5. In addition to the record checks required under this section,
the department of human services may conduct dependent adult abuse
record checks in this state and may conduct these checks in other
states, on a random basis. The provisions of this section, relative
to an evaluation following a determination that a person has been
convicted of a crime or has a record of founded child abuse, shall
also apply to a random check conducted under this subsection.
6. Beginning July 1, 1994, a program or facility shall inform all
new applicants for employment of the possibility of the performance
of a record check and shall obtain, from the applicant, a signed
acknowledgment of the receipt of the information.
7. On or after July 1, 1994, a program or facility shall include
the following inquiry in an application for employment: "Do you have
a record of founded child or dependent adult abuse or have you ever
been convicted of a crime, in this state or any other state?" Section History: Recent Form
90 Acts, ch 1221, § 1; 91 Acts, ch 138, § 1; 92 Acts, ch 1163, §
33; 94 Acts, ch 1130, §11
Referred to in § 125.3, 125.7