Chapter 04-118

2004 -- S 2636 SUBSTITUTE A

Enacted 06/16/04

A N A C T

RELATING TO HUMAN SERVICES -- CERTIFICATION OF CHILD CARE AND YOUTH WORKERS

Introduced By: Senators Roberts, Issa, and Gallo

Date Introduced: February 11, 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.

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LC01669/SUB A

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