§352D-4.3 - Criminal history record checks. - Hawaii Statutes

     §352D-4.3  Criminal history record checks.  (a)  Employees, prospective employees, and volunteers of contracted providers or subcontractors in positions that place them in close proximity to youth when providing services on behalf of the office shall be required to agree to criminal history record checks conducted by the office or its designee in accordance with section 846-2.7.  The office shall develop procedures for obtaining verifiable information regarding the criminal history records of individuals seeking to serve as employees or volunteers of contracted providers or subcontractors in positions that place them in close proximity to youth when providing services on behalf of the office.

     (b)  Except as otherwise specified, any individual who is employed, seeks employment, or volunteers with a contracted provider or subcontractor in a position that necessitates close proximity to youth when providing services on behalf of the office shall:

     (1)  Submit to the office a sworn statement indicating whether the individual has ever been convicted of an offense for which incarceration is a sentencing option;

     (2)  Be subject to criminal history record checks through the Hawaii criminal justice data center in accordance with section 846-2.7.  An annual name inquiry shall be conducted in the state criminal history record files; and

     (3)  Provide to the office written consent for the office or its designee to obtain criminal history record information for verification.

Information obtained pursuant to this section shall be used exclusively by the office for purposes of determining whether a person is suitable for working or volunteering in a position that necessitates close proximity to youth when providing contracted services on behalf of the office, or in conjunction with services provided for youth at the Hawaii youth correctional facility, while in custody, on furlough, or on parole.  All such decisions shall be subject to any applicable federal laws and regulations.

     (c)  The office may require the contracted provider or subcontractor to refuse employment to an applicant for employment, terminate the employment of an employee, or terminate the services of a volunteer if:

     (1)  The employee, prospective employee, or volunteer of the contracted provider or subcontractor has been convicted of an offense for which incarceration is a sentencing option; and

     (2)  The office finds that the criminal history record of the employee, prospective employee, or volunteer of the contracted provider or subcontractor indicates that the employee, prospective employee, or volunteer may pose a risk to the health, safety, or well-being of youth receiving direct services by that employee, prospective employee, or volunteer.

     (d)  For the purposes of this section:

     "Prospective employee" means any applicant for a position with a contracted provider or subcontractor that provides direct services to youth on behalf of the office.

     "Provider" means any organization that or individual who enters into, or intends to enter into, a contract with or is currently contracted by the office to provide direct services to youth.  The term includes all individuals who are authorized to provide direct services to youth under the contract with the organization or individual.

     "Subcontractor" means any organization that or individual who enters into, or intends to enter into, a contract or agreement with a contracted provider to provide direct services to youth.  The term includes all persons who may provide direct services to youth under the contract with the organization or individual.

     "Volunteer" means any individual who provides, or intends to provide, direct services to youth on a non-compensatory basis.

     (e)  Notwithstanding any other law to the contrary, the office shall be exempt from section 831-3.1 for purposes of this section and need not conduct its investigations, notifications, or hearings in accordance with chapter 91. [L 2006, c 131, §1; am L 2008, c 136, §6]