Current through Register No. 50, December 12, 2024
Section Env-Wq 909.04 - Required Background Check Policy(a) The background check policy required by RSA 485-A:24, II(a) shall be adequate to ensure that no camp staff has a criminal conviction for any of the offenses listed therein, specifically: (1) Causing or threatening direct physical injury to any individual; or(2) Causing or threatening harm of any nature to any child or children.(b) A background check policy shall be deemed to meet the requirement of (a), above, if it: (1) Requires all camp staff who might be left alone with a child or children to be subject to a background check, as described in Env-Wq 909.05, prior to initially being left alone with a child or children and not less than once in each calendar year thereafter;(2) Prohibits any staff member who has not been subject to the required background check from working directly with any youth(s) unless a staff member for whom the background check has been completed is also present;(3) Requires the YSC operator to review:a. The results of the background checks and certifications, for compliance with the established YSC policy and RSA 485-A:24, II; andb. Any references, employment history, and volunteer history submitted by or for each camp staff member, to determine whether to allow the individual to work directly with youths at the YSC;(4) As required by RSA 485-A:24, II(e), identifies the frequency of the background checks and the sources used to conduct the background checks; and(5) Requires the YSC operator to maintain an up-to-date listing of all staff members who are in a position such that it is possible they could be left alone with children, together with the status of their background checks.(c) As specified in RSA 485-A:24, II(d), a background check policy may include more stringent requirements for background checks than specified in (b), above, provided: (1) The requirement of (a), above, is met; and(2) The more stringent requirements are explicitly identified in the policy and in the certification explained in Env-Wq 909.07.N.H. Admin. Code § Env-Wq 909.04
Adopted byVolume XXXIV Number 50, Filed December 11, 2014, Proposed by #10738, Effective 12/2/2014, Expires12/2/2024.Amended by Volume XXXVII Number 37, Filed September 14, 2017, Proposed by #12364, Effective 9/1/2017, Expires 9/1/2027.