Current through August, 2024
Section I Statutory
Basis
These rules are promulgated pursuant to
33 V.S.A. §
6914, relating to access to criminal
records.
Section II Purpose
Chapter 69 of Title 33 is intended to protect persons who are
vulnerable as a result of their age or their physical or mental conditions, or
both. To provide such protection, it is important for those who are employing
persons to care for elderly or disabled adults to have access to the records of
convictions of current employees or those persons to whom a conditional offer
of employment has been made. This rule is intended to outline how such access
to criminal records can be obtained from the commissioner. Such access will
reduce the risk that the health and welfare of elderly and disabled adults will
be adversely affected through abuse, neglect or exploitation.
Section III Definitions
The terms used in these rules are used and defined as they
are used and defined in
33 V.S.A. §
6902.
A. "Commissioner" means the Commissioner of
the Department of Aging and Disabilities.
B. "Disabled adult" means a person eighteen
years of age or older, who has a diagnosed physical or mental
impairment.
C. "Elderly adult"
means an individual who is sixty years of age or older.
D. "Owner or operator" means the owner or
operator of a hospital, nursing home, residential care home, certified home
health agency, intermediate care facility for adults with mental retardation,
therapeutic community residence, and group home and developmental home under
contract with the department of mental health and mental retardation, as set
forth in
33 V.S.A.
§
6911(c)(3).
Section IV Procedures
A. In order to obtain a record of convictions
for an employee or a person to whom a conditional offer of employment has been
made, an owner or operator must file a written request for the record of
convictions with the commissioner.
B. The written request must state that the
individual for whom the record of convictions is sought is a current employee
or a person to whom a conditional offer of employment has been made. The
request also must state that the current or prospective employee is or will be
providing care to an elderly or disabled adult.
C. The written request must be accompanied by
a signed release from the current or prospective employee, giving permission
for the commissioner to check the record of criminal convictions for that
individual.
D. When the Vermont
Crime Information Center returns the form to the Commissioner indicating
whether or not the employee has a record of convictions, the Commissioner will
send the completed form to the owner or operator. The form will indicate the
date and type of conviction(s), or the lack thereof.
E. Information released to an owner or
operator pursuant to these rules shall not be released or disclosed by the
owner or operator to any person other than the current or prospective employee.
Failure to comply with this provision of the Rule could result in a fine of up
to $ 500.00, in accordance with
33 V.S.A. §
6914(c).
