19 Del. Admin. Code § 1323-5.0
Current through Reigster Vol. 28, No. 6, December 1, 2024
Section 1323-5.0 - Adult Abuse Registry Check5.1 Requirements 5.1.1 No employer who operates a health care facility or child care facility shall hire any person without requesting and receiving an Adult Abuse Registry check for that person. The Adult Abuse Registry check shall relate to substantiated cases of adult abuse or neglect. The Adult Abuse Registry check shall be performed by the Department of Health and Social Services/ Division of Services for Aging and Adults With Physical Disabilities.5.2 Duties 5.2.1 Duties of the hiring employer, 5.2.1.1 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 Adult Abuse Registry check.5.2.1.2 Obtaining the Adult Abuse Registry check. The employer must contact the Department of Health and Social Services /Division of Services for Aging and Adults With Physical Disabilitiesto request and receive the Adult Abuse Registry check. The employer may contact that Division by telephone.5.2.1.3 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 an Adult Abuse Registry check. The continued employment of that person, however, is conditioned upon receipt of the Adult 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 Adult Abuse Registry check.5.2.2 Duties of the person seeking employment. 5.2.2.1 Provision of all necessary information. The person seeking employment must provide any and all necessary information so that the Adult Abuse Registry check can be completed.5.2.2.2 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 Adult Abuse Registry check.5.2.2.3 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 andcontingent upon the receipt of the Adult Abuse Registry check.5.3 Regulations 5.3.1 Specific Regulations and procedures relating to the Adult Abuse Registry check shall be promulgated by the Division of Health and Social Services.19 Del. Admin. Code § 1323-5.0