237.8 - PERSONNEL.
237.8 PERSONNEL.
1. A person shall not be allowed to provide services in a
facility if the person has a disease which is transmissible to other
persons through required contact in the workplace, which presents a
significant risk of infecting other persons, which presents a
substantial possibility of harming other persons, or for which no
reasonable accommodation can eliminate the risk of infecting other
persons.
2. a. (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
licensee under this chapter, or if a person will reside in a facility
utilized by a licensee, and if the person has been convicted of a
crime or has a record of founded child abuse, the department and the
licensee for an employee of the licensee 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 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.
(2) For an individual subject to licensure under this chapter as
a foster parent, in addition to the record checks conducted under
subparagraph (1), the individual's fingerprints shall be provided to
the department of public safety for submission through the state
criminal history repository to the United States department of
justice, federal bureau of investigation for a national criminal
history check. The cost of the criminal history check conducted
under this subparagraph is the responsibility of the department of
human services.
(3) If the criminal and child abuse record checks conducted in
this state under subparagraph (1) for an individual being considered
for licensure as a foster parent have been completed and the
individual either does not have a record of crime or founded abuse or
the department's evaluation of the record has determined that
prohibition of the individual's licensure is not warranted, the
individual may be provisionally approved for licensure pending the
outcome of the fingerprint-based criminal history check conducted
pursuant to subparagraph (2).
(4) An individual applying to be a foster parent licensee shall
not be granted a license and an evaluation shall not be performed
under this subsection if the individual has been convicted of any of
the following felony offenses:
(a) Within the five-year period preceding the application date, a
drug-related offense.
(b) Child endangerment or neglect or abandonment of a dependent
person.
(c) Domestic abuse.
(d) A crime against a child, including but not limited to sexual
exploitation of a minor.
(e) A forcible felony.
b. Except as otherwise provided in paragraph "a", if the
department determines that a person has committed a crime or has a
record of founded child abuse and is licensed, employed by a
licensee, or resides in a licensed facility the department shall
notify the licensee that an evaluation will be conducted to determine
whether prohibition of the person's licensure, employment, or
residence is warranted.
c. In an evaluation, the department and the licensee for an
employee of the licensee 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 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 licensed
facility, 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 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
paragraph.
d. If the department 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 and shall not be employed by a
licensee or reside in a licensed facility.
3. In addition to the record checks required under subsection 2,
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 subsection 2, 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.
4. On or after July 1, 1994, a licensee 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.
5. On or after July 1, 1994, a licensee 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: Early Form
[C81, § 237.8] Section History: Recent Form
87 Acts, ch 153, §16; 88 Acts, ch 1134, §57; 89 Acts, ch 283, §27;
90 Acts, ch 1221, § 7; 91 Acts, ch 138, §7; 94 Acts, ch 1130, §14; 98
Acts, ch 1190, §29; 2007 Acts, ch 172, §12
Referred to in § 232.142