§ 40-13.2-5 - Criminal records check – Employee of child care facilities which must be licensed by the department.
SECTION 40-13.2-5
§ 40-13.2-5 Criminal records check –Employee of child care facilities which must be licensed by the department.– (a) Any person seeking employment, if that employment involves supervisory ordisciplinary power over a child or children or involves routine contact with achild or children without the presence of other employees, in any facilitywhich is, or is required to be, licensed or registered with the department orseeking that employment at the training school for youth shall, afteracceptance by the employer of the affidavit required by § 40-13.2-3, applyto the bureau of criminal identification of the state police or the localpolice department for a nationwide criminal records check. The check willconform to applicable federal standards including the taking of fingerprints toidentify the applicant.
(b) Upon the discovery of any disqualifying information asdefined in accordance with the rule promulgated by the director, the bureau ofcriminal identification of the state police or the local police department willinform the applicant, in writing, of the nature of the disqualifyinginformation. In addition, the bureau of criminal identification of the statepolice or the local police department will inform the relevant employer, inwriting, without disclosing the nature of the disqualifying information, thatan item of disqualifying information has been discovered.
(c) In those situations in which no disqualifying informationhas been found, the bureau of criminal identification of the state police orthe local police department will inform both the applicant and the employer, inwriting, of this fact.
(d) The employer will maintain on file, subject to inspectionby the department, evidence that criminal records checks have been initiated onall employees seeking employment after August 1, 1985, and the results of thechecks.
(e) Failure to maintain that evidence on file will be primafacie grounds to revoke the license or registration of the operator of thefacility.
(f) It will be the responsibility of the bureau of criminalidentification of the state police or the local police department to conductthe nationwide criminal records check pursuant to this section. The nationwidecriminal records check will be provided to the applicant for employment withoutcharge.