Current through September 18, 2024
A. To
ensure appropriate safeguards, state and federal law mandates a check of the
Department's Child Protective Services (CPS) records for many individuals,
including minors and adults, who provide care to children and youth. The
Department's Child Abuse and Neglect Registry Check is also known as a
Clearance of Agency Activity.
B.
The following individuals are required to submit to the Child Abuse and Neglect
Registry Check:
1. Subjects of reports of
child abuse and/or neglect to CPS;
2. Individuals referred to the Department for
services;
3. Adult members of
household where a child active with the Department resides;
4. Individuals associated with Department
involved families;
5. Relative and
non-relative foster care providers;
6. Adoptive parents;
7. Legal guardians;
8. Respite care providers;
9. Visiting resources;
10. Operators and employees (who have
supervisory/disciplinary authority over and/or routine contact with children
without the presence of others) of:
a.
Residential child care facilities;
b. Non-residential child care
facilities;
c. Child placing
agency;
d. Community base programs
required to be licensed or certified by the department.
11. Volunteers at any Department licensed
facility;
12. Department employees,
interns, and volunteers; and
13.
Individuals associated with organizations as determined by the
Department.
C.
Individuals subject to a Child Abuse and Neglect Registry Check may also be
subject to a statewide or nationwide criminal record background check and/or an
employment background check and/or a statewide or national sex offender
registry check.
D. The Department
will conduct the Child Abuse and Neglect Registry Check in accordance with
Department Operating Procedure and will assess if a person is disqualified
based on the list of disqualifiers cited in § 1.8.1 of this
Part.
1.7.1
Child Abuse and
Neglect Registry Check- Disqualifying Information
A. An applicant, who has been identified as
an indicated perpetrator of a Child Protective Services (CPS) Investigation
with a final finding of an allegation listed below in §§1.8.1(B) and
(C) of this Part, is disqualified from owning
or seeking employment in a child care facility, receiving a license to provide
care for a child or serving in any other role subject to a Department
clearance.
B. Indicated Abuse or
Neglect Findings
1. Death
2. Brain Damage/Skull Fracture
3. Subdural Hematoma
4. Internal Injury
5. Malnutrition/Starvation
6. Drug/Alcohol Abuse
7. Sexually Transmitted Disease
8. Sexual Intercourse
9. Sexual Exploitation
10. Sexual Molestation
11. Failure to Thrive
12. Tying/Close Confinement
13. Emotional Abuse
14. Abandonment
15. Medical Neglect
16. Medical Maltreatment
17. Corporal Punishment
(Institutional)
C.
Indicated Abuse Findings
1.
Burn/Scalding
2.
Poisoning
3. Wound
4. Bone Fracture
5. Excessive/Inappropriate
Discipline
6.
Cut/Bruise/Welt
7. Human
Bite
8. Sprain/Dislocation
D. In certain
situations, involving incidents with an indicated allegation of Drug/Alcohol
Abuse, Excessive/Inappropriate Discipline, Cut/Bruise/Welt, Tying/Close
Confinement, Abandonment, Medical Neglect, or Corporal Punishment
(Institutional) in which there is no serious physical injury to a child, there
may be an administrative determination that the individual will not be
disqualified from employment or licensing.
E. In instances where CPS involvement is
noted, but not specified above, the applicant is not automatically disqualified
from seeking employment or a license. The decision to hire remains with the
employer. The decision to license remains with the
Department.
