Section 170-G:8-c State Registry and Criminal Records Check.
I. The department shall, prior to adding new or transferred staff members whose job descriptions would cause them to come into direct contact with children, submit the names, birth names, birth dates, and addresses of such individuals for review against the state registry of founded abuse and neglect reports and the division of state police for information about criminal convictions.
II. Prior to the renewal of any current employment contract of existing employees whose job description would cause them to come into direct contact with children, the department shall submit the names, birth names, birth dates, and addresses of such individuals for review against the state registry of founded abuse and neglect reports, and for review by the division of state police for information about criminal convictions.
III. The department shall, for every name submitted on the application and for each new or transferred staff member, or for existing staff members in accordance with paragraph II of this section, review the names, birth names, birth dates, and current and previous addresses of such persons against the state registry of founded abuse and neglect reports. The department shall submit the names, birth names, birth dates, and addresses to the division of state police to obtain information about criminal convictions.
IV. If any individual whose name has been submitted for a check under this section has been convicted of crimes against minors or adults, or is the subject of a founded report of child abuse or neglect, the department may deny employment to such person pending the development and implementation of a corrective action plan approved by the department. The department shall conduct an investigation in accordance with rules adopted under this chapter to determine whether the individual poses a present threat to the safety of children. The investigation shall include an opportunity for the individual to present evidence and to show that the individual does not pose a threat to the safety of children.
V. For any current employee convicted of a crime against a minor or adult, or who is or becomes the subject of a founded report of child abuse or neglect, the department may terminate, suspend, demote, or transfer that employee, and may require the development and implementation of a corrective action plan approved by the department. The department shall conduct an investigation in accordance with the rules adopted under this chapter to determine whether the individual poses a present threat to the safety of children. The investigation shall include an opportunity for the individual to present evidence and to show that the individual does not pose a threat to the safety of children.
VI. Any employee transferred to the department from another state department or agency, whose job description within the department of health and human services would cause such employee to come into direct contact with children, shall be subject to provisions of this section.
VII. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the confidentiality of information collected under this section and to the release, if any, of such information.
Source. 1998, 354:2, eff. Jan. 1, 1999.