§ 40-13.2-5. Criminal records check — Employees of child day care, daycare centers, family daycare
homes, group family daycare homes, child-placing agencies and residential childcare
facilities that must be licensed by the department.
(a) Any person seeking employment in a "child day care� program, a "family daycare home,�
"group family daycare home,â€� or in a "child daycare centerâ€� as defined in § 42-12.5-2, 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, or any adult household member of any operator of a "family daycare home�
and "group family daycare home,� or seeking that employment or to volunteer at the
training school for youth, shall, after acceptance by the employer of the affidavit
required by § 40-13.2-3, apply to the bureau of criminal identification of the state police or the local
police department, or the office of the attorney general, or the department of children,
youth and families, for a nationwide criminal records check. The check will conform
to applicable federal standards including the taking of fingerprints to identify the
applicant. Further, any person seeking employment in a "child day care� program, in
a "child daycare center,â€� and/or in a "child daycare providerâ€� as defined in § 42-12.5-2, 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 shall apply to the bureau of criminal identification of the state police
or the local police department or the office of the attorney general to conduct all
necessary criminal background checks as required by the Child Care and Development
Block Grant of 2014 (CCDBGA), Pub. L. No. 113-186. The criminal record checks as required by this section shall be conducted for every
five (5) years of continuous childcare employment from the date of the previous criminal
background check.
(b) Any person seeking employment in a "child-placing agencyâ€� as defined in § 42-72.1-2, 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, shall, after acceptance by the employer of the affidavit required by § 40-13.2-3, apply to the bureau of criminal identification of the state police or the local
police department, or the office of the attorney general or the department of children,
youth and families, for a nationwide criminal records check. The check will conform
to applicable federal standards including the taking of fingerprints to identify the
applicant.
(c) Any person seeking employment in a "childcaring agency,� "children's behavioral health
program,â€� or in a "foster and adoptive homeâ€� as defined in § 42-72.1-2, that is, or is required to be, licensed or registered with the department of children,
youth and families, shall, after acceptance by the employer of the affidavit required
by § 40-13.2-3, apply to the bureau of criminal identification of the state police or the local
police department, or the office of the attorney general, or the department of children,
youth and families, for a nationwide criminal records check. The check will conform
to applicable federal standards including the taking of fingerprints to identify the
applicant.
(d) [Deleted by P.L. 2019, ch. 88, art. 3, § 8.]
(e) 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 or the office of the attorney general
or the department of children, youth and families 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 office of the attorney general, or department
of children, youth and families, or the local police department will inform the relevant
employer, in writing, without disclosing the nature of the disqualifying information,
that an item of disqualifying information has been discovered.
(f) 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 or the
office of the attorney general, or the department of children, youth and families
will inform both the applicant and the employer, in writing, that no disqualifying
information has been found.
(g) Failure to show proof that the employer has initiated requests for background checks
required by this section will be prima facie grounds to revoke the license or registration
of the operator of the facility.
(h) It will be the responsibility of the bureau of criminal identification of the state
police or the office of the attorney general, or the local police department, or the
department of children, youth and families, to conduct the nationwide criminal records
check pursuant to this section. The nationwide criminal records check will be provided
to the applicant for employment. Any expense associated for providing the criminal
records check shall be paid by the applicant and/or the requesting agency.