§ 40-13.2-4.1 - Criminal records check – Operators of youth serving agencies.
SECTION 40-13.2-4.1
§ 40-13.2-4.1 Criminal records check– Operators of youth serving agencies. – (a) Any person seeking to operate a facility or program which is a youthserving agency shall apply to the bureau of criminal identification of theattorney general's office for a criminal records check. Those items ofinformation appearing on a criminal records check, which have been determinedto constitute disqualifying information by the director pursuant to §40-13.2-4 of this chapter, shall also constitute items of disqualifyinginformation pursuant to this section.
(b) Upon the discovery of any disqualifying information asdefined in accordance with the rule promulgated by the director, the bureau ofcriminal identification of the attorney general's office will inform theapplicant, in writing, of the nature of the disqualifying information. Inaddition, the bureau of criminal identification of the attorney general'soffice will inform the applicant, in writing, without disclosing the nature ofthe disqualifying information, that an item of disqualifying information hasbeen discovered.
(c) In those situations in which no disqualifying informationhas been found, the bureau of criminal identification of the attorney general'soffice will inform the applicant, in writing, of this fact.
(d) The operator or proposed operator of the youth servingagency will maintain on file a document issued by the bureau of criminalidentification of the attorney general's office stating that no disqualifyinginformation has been discovered as regards the operator or proposed operator ofthe youth serving agency, and this document shall be made available forinspection by the parent(s)/guardian(s) of any child enrolled in the programsof the youth serving agency. The operator will also maintain on file, and makeavailable for inspection by the parent(s)/guardian(s) of any child enrolled inthe programs of the youth serving agency, evidence that criminal records checkshave been obtained on all employees of the youth serving agency pursuant to§ 40-13.2-5.1, and the results of the checks.