Rhode Island Code of Regulations
Title 212 - Department of Behavioral Healthcare, Developmental Disabilities and Hospitals
Chapter 10 - Licensing and General Administration
Subchapter 00 - N/A
Part 1 - Rules and Regulations for the Licensing of Organizations and Facilities Licensed by the Department of Behavioral Healthcare, Developmental Disabilities and Hospitals
Section 212-RICR-10-00-1.21 - Personnel

a. Comply with all applicable state and federal statutes, rules, and regulations regarding non-discrimination in employment practices.

b. Include language for conducting reference, employment, and background checks from the BCI and NCIC within the Office of the Attorney General.

c. Exclude the employment and/or volunteering of any person who has been convicted of child abuse or of a felony for sexual or physical assault including all consultants and/or contractors.

d. Require employees to report to the Organization any changes in the status of their criminal background checks subsequent to their being hired by the Organization.

e. Provide for any fringe benefits provided to full time and part time employees and any reimbursement procedures (as applicable and appropriate).

f. Address suspension, increased supervision, or other appropriate disciplinary employment procedures.

g. Provide written job descriptions that include minimal qualifications for each position, major duties, responsibilities, reporting supervisors and positions supervised.

h. Include a process for evaluating the job performance of each staff member at the end of his or her initial training period and annually thereafter.

a. A requirement that all personnel participate and cooperate with all authorized persons conducting investigations/regulatory reviews involving the Organization and/or any person receiving supports/services from the Organization.

b. A process for annual notification of mandatory reporting statutes to all employees, advisors, skill trainers, respite providers, contractors, and volunteers of the Organization.

a. Be at least eighteen (18) years of age

b. Have clear job responsibilities as described in a current and dated job description;

c. Have a high school diploma or a GED®.

a. Reference and qualification checks;

b. An approved BCI and NCIC;

c. Annual job-related training, as applicable to the position, including current valid certification of cardiopulmonary resuscitation (CPR) and biennial first aid training;

d. Evidence of professional licensure or certification, including renewals, as applicable.

a. References and qualifications checks;

b. A completed BCI and NCIC;

c. A detailed list of functions for each position.

a. If a criminal background check contains conviction(s) for any of the crimes listed below in paragraph 4(a) while the applicant was an adult, the Organization shall provide notice to the applicant that the conviction for such crime is presumed to be disqualifying for employment, but the applicant may appeal to rebut such presumed disqualification through the hearing process pursuant to EOHHS regulations.

b. Category One (1) OFFENSES:

c. Category Two (2) OFFENSES: If an individual has been convicted of any of the following offenses that was (were) committed within the previous ten (10) years from the date of the application for the background check, the individual will be presumed to be disqualified to work for an Organization, but such presumption may be determined to be rebutted by the Organization after its Administration and/or Board of Directors considers and documents the factors related to current qualification in the context of conviction for any of the crimes listed in this paragraph.

d. If the BCI check reveals conviction of the applicant as an adult for any crime described in Category One (1) in paragraph 2(b), or if the BCI check reveals conviction of the applicant during the ten (10) years prior to the date of application for the background check for any crime listed in Category Two (2) in paragraph 2(c), the BCI of the state police or the local police department will inform the employer, in writing, without disclosing the nature of the disqualifying information, that an item of disqualifying nature has been discovered. In addition, the BCI of the state police or the local police department will inform the applicant, in writing, of the nature of the disqualifying information. An applicant against whom disqualifying information has been found may request that a copy of the criminal background report be sent to the employer.

e. In considering a request to rebut a disqualifying presumption for a Category One (1) or Category Two (2) conviction, the following factors shall be considered and documented:

a. An assessment of job performance in relation to the required skills and expectations set forth in the job description;

b. A documented review of the evaluation with the staff person maintained within the personnel record;

c. Documentation that individuals served by the employee had input into this process, to the extent possible.

d. Review status of employee criminal background check and enquire about possible criminal conviction(s) since the occurrence of the previous background check.