§ 40-13.2-5.1. Criminal records check — Employee of youth-serving agency.
(a) Any person seeking employment or seeking to volunteer, if that employment or volunteering
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
or program that is a youth-serving agency shall file with the employer the affidavit
required by § 40-13.2-3. The affidavit shall be maintained on file by the employer and shall be made available
for inspection by the parent(s)/guardian(s) of any child who is enrolled in the programs
of the youth-serving agency.
(b) Any person seeking employment or seeking to volunteer, if that employment or volunteering
involves supervisory or disciplinary authority over a child or children or involves
routine contact with a child or children without the presence of other employees,
in any youth-serving agency shall apply for a national criminal records check. The
national criminal records check shall include fingerprints submitted to the Federal
Bureau of Investigation (FBI) by the bureau of criminal identification of the department
of the attorney general, the division of the state police, or the local police department
for a national criminal records check. The national criminal records check shall be
processed prior to the commencement of employment or volunteer activity.
(c) Those items of information appearing on a national criminal records check that have
been determined to constitute disqualifying information by the director pursuant to
§ 40-13.2-4 shall also be items of disqualifying information pursuant to this section.
(d) 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
department of the attorney general, the division 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 department
of the attorney general, the division of the state police, or the local police department
will inform the applicant, in writing, without disclosing the nature of the disqualifying
information, that an item of disqualifying information has been discovered.
(e) In those situations in which no disqualifying information has been found, the bureau
of criminal identification of the department of the attorney general, the division
of the state police, or the local police department will inform both the applicant
and the employer, in writing, of this fact.
(f) The employer will maintain on file, and make available for inspection by the parent(s)/guardian(s)
of any child enrolled in the programs of the youth-serving agency, evidence that criminal
records checks have been obtained on all employees of the youth-serving agency pursuant
to this section, and the results of the checks.
(g) The applicant shall be responsible for the cost of conducting the national criminal
records check through the bureau of criminal identification of the department of the
attorney general, the division of the state police, or the local police department.