Current through Register No. 40, October 3, 2024
(a) When the
applicant applying for employment with a program that is licensed, certified,
or funded by the department to provide services to individuals has been
confirmed as a match, the employer shall not hire the applicant unless a waiver
to hire such a person is requested and obtained from the department.
(b) Upon receipt of a confirmed match, the
employer in (a) above may, with the consent of the applicant, request from BEAS
a copy of the protective investigation summary, including the supporting
documents, in order to determine whether or not to request a waiver.
(c) Requests for information contained in an
investigation file shall:
(1) Be limited to
the protective investigation summary and supporting documents; and
(2) All documents shall be redacted as
appropriate for the purposes of maintaining confidentiality.
(d) The employer in (a) above
shall submit to the commissioner a written request for a waiver, to include:
(1) The perpetrator's written acknowledgement
of the circumstances that resulted in the founded determination;
(2) Written documentation pertaining to any
remedial action the perpetrator has taken subsequent to the founded
determination, including but not limited to:
a. A letter of recommendation from a
professional attesting to the action taken by the perpetrator to address the
actions or behaviors which led to the founded determination;
b. Documentation of participation in
formalized training related to issues that resulted in the founded
determination; and
c. Any other
remedial actions taken, such as counseling; and
(3) A written description of the employer's
plan to supervise the perpetrator so that the individuals in the employer's
care will be safe, to include, at a minimum, the following:
a. A statement attesting that the employer
has read the department's investigation report and is fully informed about the
circumstances that led to the perpetrator's name being placed on the state
registry;
b. A description of the
duties and responsibilities that the perpetrator will be hired to do, so that
the department can evaluate the potential for risk to the individuals in the
employer's care based upon whether or not there is a likelihood of reoccurrence
of the type of behavior that resulted in the perpetrator's name being placed on
the state registry;
c. A
description of an orientation and training plan for the perpetrator regarding
the employer's policies and procedures on the treatment of individuals in the
employer's care, as well as a schedule of subsequent review of such policies
and procedures;
d. A description of
how the employer will directly or indirectly supervise the perpetrator;
and
e. A description of any other
conditions of continued employment.
(e) The commissioner shall approve the waiver
request if:
(1) All of the information in (d)
above is provided;
(2) The
information demonstrates that the employer is fully informed of the
circumstances that resulted in the perpetrator's name being placed on the state
registry; and
(3) After reviewing
the employer's plan in (d) (3) above in relation to the documentation in (d)
(1) and (2) above, and the underlying circumstances of the finding against the
perpetrator which resulted in his or her name being placed on the state
registry, the commissioner determines that the perpetrator does not pose a risk
to the safety of the individuals in the employer's care.
(f) The commissioner shall deny the waiver
request if:
(1) Any of the information
required in (d) above is not provided;
(2) The information required by (d) above
does not demonstrate that the employer is fully informed of the circumstances
that resulted in the perpetrator's name being placed on the state registry;
or
(3) The information provided
does not affirmatively demonstrate that the perpetrator does not pose a risk to
the safety of individuals in the employer's care.
(g) If the waiver is approved, the employer
shall retain the approved waiver and all of the documents required by (d) above
in the employee's personnel file.
(h) Any waiver granted by the commissioner in
accordance with these rules shall not be transferable to any other employer,
employee or position.
#10191, eff
9-27-12
