§ 114-19.3. Criminal record checks of providers of treatment for or services to children, the elderly, mental health patients, the sick, and the disabled. - North Carolina Statutes

§ 114‑19.3.  Criminal record checks of providersof treatment for or services to children, the elderly, mental health patients,the sick, and the disabled.

(a)        Authority. – The Department of Justice may provide to any ofthe following entities a criminal record check of an individual who is employedby that entity, has applied for employment with that entity, or has volunteeredto provide direct care on behalf of that entity:

(1)        Hospitals licensed under Chapter 131E of the GeneralStatutes.

(2),       (3) Repealed by Session Laws 2000‑154, s. 5, effectiveJanuary 1, 2001.

(4)        Hospices licensed under Chapter 131E of the GeneralStatutes.

(5)        Child placing agencies licensed under Chapter 131D of theGeneral Statutes.

(6)        Residential child care facilities licensed under Chapter131D of the General Statutes.

(7)        Hospitals licensed under Chapter 122C of the GeneralStatutes.

(8)        Repealed by Session Laws 2000‑154, s. 5, effectiveJanuary 1, 2001.

(9)        Licensed child care facilities and nonlicensed child carehomes regulated by the State.

(10)      Any other organization or corporation, whether for profit ornonprofit, that provides direct care or services to children, the sick, thedisabled, or the elderly.

(b)        Procedure. – A criminal record check may be conducted byusing an individual's fingerprint or any information required by the Departmentof Justice to identify that individual. A criminal record check shall beprovided only if the individual whose record is checked consents to the recordcheck. The information shall be kept confidential by the entity that receivesthe information. Upon the disclosure of confidential information under thissection by the entity, the Department may refuse to provide further criminalrecord checks to that entity.

(c)        Repealed by Session Laws 1995 (Regular Session, 1996), c.606, s. 1.

(d)        Foster or Adoptive Parent. – The Department of Justice, atthe request of a child placing agency licensed under Chapter 131D of theGeneral Statutes or a local department of social services, may provide a criminalrecord check of a prospective foster care or adoptive parent if the prospectiveparent consents to the record check. The information shall be kept confidentialand upon the disclosure of confidential information under this section by theagency or department, the Department may refuse to provide further criminalrecord checks to that agency or department.

(e)        Fee. – The Department may charge a fee to offset the costincurred by it to conduct a criminal record check under this section. The feemay not exceed fourteen dollars ($14.00). (1993, c. 403, s. 1; 1995, c. 453, s. 1; 1995 (Reg. Sess., 1996), c.606, s. 1; 1997‑506, s. 38; 2000‑154, s. 5; 2003‑214, s.1(2).)