218.13 - RECORD CHECKS.
218.13 RECORD CHECKS.
1. For the purposes of this section, unless the context otherwise
requires:
a. "Department" means the department of human services.
b. "Institution" means an institution controlled by the
department as described in section 218.1.
c. "Resident" means a person committed or admitted to an
institution.
2. If a person is being considered for employment involving
direct responsibility for a resident or with access to a resident
when the resident is alone, or if a person will reside in a facility
utilized by an institution, and if the 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 employment or residence in
the facility. The department shall conduct criminal and child and
dependent adult abuse record checks of the person in this state and
may conduct these checks in other states. The investigation and
evaluation shall be performed in accordance with procedures adopted
for this purpose by the department.
3. If the department determines that a person, who is employed by
an institution or resides in a facility utilized by an institution,
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 prohibition of the person's employment or residence
is warranted. The evaluation shall be performed in accordance with
procedures adopted for this purpose by the department.
4. 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. The department may permit a person
who is evaluated to be employed or reside or to continue employment
or residence if the person complies with the department's conditions
relating to employment or residence which may include completion of
additional training.
5. 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 residence, the person shall not
be employed by an institution or reside in a facility utilized by an
institution. Section History: Recent Form
91 Acts, ch 138, §3; 97 Acts, ch 169, § 12
Referred to in § 218.64, 235A.15