1) A household member,
employee, applicant for employment, volunteer or non-licensed contractual
provider indicated as a perpetrator in a child protection investigation that
does not rise to the level of a presumption of unsuitability shall be assessed
in order to determine a recommendation to grant or deny a waiver for licensure
or employment. The assessment shall include the Department or POS licensing
staff obtaining a written consent and reviewing the child protection records,
as well as the following details:
A) the
nature of the abuse or neglect with which the individual was identified,
including whether the abuse or neglect resulted in serious injury or death to a
child or children;
B) the
circumstances surrounding the commission of the abuse or neglect, including the
age of the perpetrator and the children, that would demonstrate unlikelihood of
repetition;
C) the amount of time
that has elapsed since the abuse or neglect occurred and whether prior
incidents of child abuse or child neglect have been indicated against the
individual;
D) whether the abuse or
neglect involved single or multiple child victims;
E) the relationship of the incident of child
abuse or neglect to the individual's current or conditional job
responsibilities within the child care facility;
F) whether the individual has been convicted
of a criminal offense which might have bearing on the individual's ability to
function in a child care facility as licensee or employee;
G) evidence of rehabilitation such as
employment, education, participation in therapy since the indicated incident of
abuse or neglect; and
H) three
positive character references.
2) When a household member, employee,
applicant for employment, volunteer or non-licensed contractual provider has
been indicated as a perpetrator in a child protection investigation that
equates to a presumption of unsuitability, the licensing entity or employer may
request a review of the denial and request a waiver of the presumption of
unsuitability. Requests for a waiver of presumption of unsuitability shall be
in writing and postmarked within 30 days after notice is received by the
licensing entity or employer. The Department or Purchase of Service Agency
shall review the child protection reports that led to the indicated findings
that equate to a presumption of unsuitability, before making a decision in
requesting a waiver for a presumption of unsuitability.
3) The Director of the Department or the
Director's designee shall review any materials submitted on the individual's
behalf and may waive the presumption that the individual is unsuitable for
licensure or employment. When the Director or designee determines there is good
cause for waiving the presumption of unsuitability, the hiring or licensing
decision shall be made in accordance with the totality of the requirements of
this Part and the applicable licensing standards.
