19 Del. Admin. Code § 1323-4.0

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 1323-4.0 - Child Abuse Registry Check

4.1 Requirements

4.1.1 No employer who operates a health care facility or child care facility shall hire any person without requesting and receiving the results of a Child Abuse Registry check for that person. The Child Abuse Registry check shall relate to substantiated cases of child abuse or neglect reported after August 1, 1994. The results of the Child Abuse Registry check shall be obtained from the Child Abuse Registry as established by 16 Del.C. § 905.

4.1.2 Any temporary agency responsible for providing temporary employees to a health care facility or child care facility, when such employees qualify as "persons seeking employment" as defined in Section 2.1 of these Regulations, is considered an employer and is responsible for complying with the requirements of this section.

4.2 Duties

4.2.1 Duties of the hiring employer.

4.2.1.1 Full release from person seeking employment. The employer must obtain a signed statement from the person seeking employment wherein that person authorizes a full release for the employer to obtain the information provided pursuant to the Child Abuse Registry check.

4.2.1.2 Obtaining the Child Abuse Registry check. The employer must contact in writing the Division of Children, Youth, and Their Families to request and receive the Child Abuse Registry check.

4.2.1.3 Exigent Circumstances. When exigent circumstances exist and an employer covered by this law must fill a position in order to maintain the required level of service, the employer may hire a person seeking employment on a conditional basis after the employer has requested a Child Abuse Registry check. The continued employment of that person, however, is conditioned upon the receipt of the Child Abuse Registry check. Any person hired on a conditional basis must be informed in writing, and must acknowledge in writing that his/her employment is conditional and contingent upon the receipt of the Child Abuse Registry check.

4.2.2 Duties of the person seeking employment.

4.2.2.1 Provision of necessary information. The person seeking employment must provide any and all necessary information so that the Child Abuse Registry check can be completed.

4.2.2.2 Full Release. The person seeking employment must sign a statement wherein he/she authorizes a full release for the employer to obtain the information provided pursuant to the Child Abuse Registry check.

4.2.2.3 Acknowledgment when hired on a conditional basis. When the person seeking employment is hired on a conditional basis, he/she must acknowledge in writing that his/her employment is conditional and contingent upon the receipt of the Child Abuse Registry check.

4.3 Regulations And Procedures

4.3.1 Specific Regulations and procedures for the Child Abuse Registry check shall be promulgated by the Division of Children, Youth, and Their Families.

19 Del. Admin. Code § 1323-4.0