D.C. Mun. Regs. tit. 5, r. 5-A132

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 5-A132 - SUITABILITY FOR EMPLOYMENT

132.1

A Licensee shall maintain a qualified workforce comprised of individuals who are committed to promoting and ensuring the health, safety, and welfare of the children in their care.

132.2

The suitability of a current or prospective staff member of a Licensee shall be assessed through completion of:

(a) Criminal background check that includes:

(1) A Federal Bureau of Investigation fingerprint check using Next Generation Identification;

(2) A search of the National Crime Information Center's National Sex Offender Registry; and

(3) A search of the following registries, repositories, or databases in the State (which, for the purpose of this section, includes the District of Columbia) where the child care staff member resides and each State where such staff member resided during the preceding five years:

(A) State criminal registry or repository, with the use of fingerprints being required in the State where the staff member resides, and optional in other States;

(B) State sex offender registry or repository; and

(C) State-based child abuse and neglect registry and database;

(b) A drug and alcohol testing program consistent with this chapter and Section 2032(a) of CYSHA (D.C. Law 15-353; D.C. Official Code § 1-620.32(a)); and

(c) Traffic records check through the District of Columbia Department of Motor Vehicles, if a current or prospective staff member will also be required to drive a motor vehicle to transport children in the course of performing his or her duties.

132.3

Compliance with other District and federal rules specifically applicable to employees of a child development facility.

132.4

An applicant for employment or a volunteer position with any covered child or youth services provider who intentionally provides false or misleading information that is material to the application in the course of applying for the position, or who intentionally provides false or misleading information that is material to his or her continued employment or service, shall be subject to prosecution pursuant to the District of Columbia Theft and White Collar Crimes Act of 1982, effective December 1, 1982 (D.C. Law 4-164; D.C. Official Code § 22-2405) .

D.C. Mun. Regs. tit. 5, r. 5-A132

Final Rulemaking published at 63 DCR 14640 (12/2/2016)