Chapter
04-037
2004 --
H 8048 SUBSTITUTE A
Enacted
06/09/04
A N A C T
RELATING
TO HUMAN SERVICES -- CERTIFICATION OF CHILD CARE AND YOUTH WORKERS
Introduced
By: Representatives Ginaitt, McNamara, Lewiss, Story, and Savage
Date Introduced:
February 24, 2004
It is enacted by the General Assembly as
follows:
SECTION 1. Section
40-13.2-5 of the General Laws in Chapter 40-13.2 entitled
"Certification of Child Care and Youth
Serving Agency Workers" is hereby amended to read as
follows:
40-13.2-5.
Criminal records check -- Employee of child care facilities which must be
licensed by the department. -- Any person seeking
employment, if that employment involves
supervisory or disciplinary power over a child
or children or involves routine contact with a child
or children without the presence of other
employees, in any facility which is, or is required to be,
licensed or registered with the department or
seeking that employment at the training school for
youth shall, after acceptance by the employer of
the affidavit required by section 40-13.2-3, apply
to the bureau of criminal identification of the
state police or the local police department for a
nationwide criminal records check. The check
will conform to applicable federal standards
including the taking of fingerprints to identify
the applicant. Upon the discovery of any
disqualifying information as defined in
accordance with the rule promulgated by the director, the
bureau of criminal identification of the state police
or the local police department will inform the
applicant in writing of the nature of the
disqualifying information. In addition, the bureau of
criminal identification of the state police or
the local police department will inform the applicant
relevant employer in writing, without
disclosing the nature of the disqualifying information, that
an item of disqualifying information has been
discovered. In those situations in which no
disqualifying information has been found, the
bureau of criminal identification of the state police
or the local police department will inform both
the applicant and the employer in writing of this
fact. The employer will maintain on file,
subject to inspection by the department, evidence that
criminal records checks have been initiated on
all employees seeking employment after August 1,
1985, and the results of the checks. Failure to
maintain that evidence on file will be prima facie
grounds to revoke the license or registration of
the operator of the facility. It will be the
responsibility of the bureau of criminal
identification of the state police or the local police
department to conduct the nationwide criminal
records check pursuant to this section. The
nationwide criminal records check will be
provided to the applicant for employment without
charge.
SECTION 2. This
act shall take effect upon passage.
=======
LC01310/SUB
A
=======