§ 16-48.1-5 - Criminal records check – Employee. - Rhode Island Statutes

SECTION 16-48.1-5

   § 16-48.1-5  Criminal records check –Employee. – Any person seeking employment, if the employment involves supervisory ordisciplinary power over a child or children or involves routine contact with achild or children without the presence of other employees, in any facilitycovered under § 16-48-1 shall, after acceptance by the employer of theaffidavit required by § 16-48.1-3, apply to the bureau of criminalidentification of the state police or the local police department for anationwide criminal records check. The check will conform to applicable federalstandards including the taking of fingerprints to identify the applicant. Uponthe discovery of any disqualifying information as defined in accordance withthe rule promulgated by the commissioner, the bureau of criminal identificationof the state police or the local police department will inform the applicant,in writing, of the nature of the disqualifying information. In addition, thebureau of criminal identification of the state police or the local policedepartment will inform the employer, in writing, without disclosing the natureof the disqualifying information, that an item of disqualifying information hasbeen discovered. In those situations in which no disqualifying information hasbeen found, the bureau of criminal identification of the state police or thelocal police department will inform both the applicant and the employer, inwriting, of this fact. The employer will maintain on file, subject toinspection by the commissioner, evidence that the criminal records checks havebeen initiated on all employees seeking employment after August 1, 1985, andthe results of the checks. Failure to maintain that evidence on file will beprima facie grounds to revoke the license or registration of the operator ofthe facility. It will be the responsibility of the bureau of criminalidentification of the state police or the local police department to conductthe nationwide criminal records check pursuant to this section. The nationwidecriminal records check will be provided to the applicant for employment withoutcharge to the applicant and without charge to the prospective employer if theemployer is a tax exempt corporation or an unincorporated nonprofitorganization qualified under § 501(c) of the United States InternalRevenue Code, 26 U.S.C. § 501(c).