217.44 - SERVICE AREAS -- EMPLOYEE AND VOLUNTEER RECORD CHECKS.
217.44 SERVICE AREAS -- EMPLOYEE AND VOLUNTEER RECORD
CHECKS.
1. The department shall conduct criminal and child and dependent
adult abuse record checks of persons who are potential employees,
employees, potential volunteers, and volunteers in service area
offices in a position having direct contact with the department's
clients. The record checks shall be performed in this state and the
department may conduct these checks in other states. If the
department determines that a person has been convicted of a crime or
has a record of founded child or dependent adult abuse, the
department shall perform an evaluation to determine whether the crime
or founded abuse warrants prohibition of the person's employment or
participation as a volunteer. The record checks and evaluation shall
be performed in accordance with procedures adopted for this purpose
by the department.
2. In an evaluation, the department shall consider the nature and
seriousness of the crime or founded child or dependent adult abuse in
relation to the position sought or held, the time elapsed since the
commission of the crime or founded abuse, the circumstances under
which the crime or founded abuse was committed, the degree of
rehabilitation, the likelihood that the person will commit the crime
or founded abuse again, and the number of crimes or founded abuses
committed by the person involved.
3. The department may permit a person who is evaluated to be
employed or to participate as a volunteer if the person complies with
the department's conditions relating to employment or participation
as a volunteer which may include completion of additional training.
4. If the department determines that the person has committed a
crime or has a record of founded child or dependent adult abuse which
warrants prohibition of employment or participation as a volunteer,
the person shall not be employed by or participate as a volunteer in
a department service area office in a position having direct contact
with the department's clients. Section History: Recent Form
2000 Acts, ch 1112, §52; 2001 Acts, 2nd Ex, ch 4, §3, 9