§ 40-13.2-5.1 - Criminal records check – Employee of youth serving agency.
SECTION 40-13.2-5.1
§ 40-13.2-5.1 Criminal records check– Employee of youth serving agency. – (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 facility orprogram which is a youth serving agency shall file with the employer theaffidavit required by § 40-13.2-3. Said affidavit shall be maintained onfile by the employer and shall be made available for inspection by theparent(s)/guardian(s) of any child who is enrolled in the programs of the youthserving agency.
(b) Any person seeking employment, if that employmentinvolves supervisory or disciplinary authority over a child or children orinvolves routine contact with a child or children without the presence of otheremployees, in any youth serving agency, shall apply to the bureau of criminalidentification of the attorney general's office for a criminal records check.
(c) Those items of information appearing on a criminalrecords check which have been determined to constitute disqualifyinginformation by the director pursuant to § 40-13.2-4 of this chapter shallalso be items of disqualifying information pursuant to this section.
(d) 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.
(e) In those situations in which no disqualifying informationhas been found, the bureau of criminal identification of the attorney general'soffice will inform both the applicant and the employer, in writing, of thisfact. The employer will maintain on file, and make available for inspection bythe parent(s)/guardian(s) of any child enrolled in the programs of the youthserving agency, evidence that criminal records checks have been obtained on allemployees of the youth serving agency pursuant to § 40-13.2-5.1, and theresults of the checks. The criminal records checks will be provided to theapplicant for employment without charge.