214 R.I. Code R. 214-RICR-10-00-1.9

Current through December 3, 2024

Section 214-RICR-10-00-1.9 - Employment Background Checks: Facility Operators/Employees and Family Child Care Operators/Employees

A. In accordance with R.I. Gen. Laws Chapter 40-13.2, any person seeking to operate a residential care facility, child care center, family child care home or community based program which is licensed by the Department submits an affidavit to the Department providing information relating to individual employment history including a list of all positions held within three (3) years prior to application for licensing.

B. R.I. Gen. Laws Chapter 40-13.2 also mandates the person operating a facility which is licensed or registered with the Department to require all persons seeking employment in positions which involve supervisory or disciplinary power over or routine contact with a child(ren) without the presence of other employees to submit a similar affidavit. This affidavit must be submitted to the employer prior to employment. The Department assumes responsibility for ensuring employment background checks for family child care operators and employees.

1. The facility operator/Family child Care Operators/Employees completes the Employment History Affidavit:

a. The facility operator/Family child Care Operators/Employees identifies place(s) of employment, address(es), date(s), and supervisor(s) for the past thirty- six (36) months. Employment includes part-time, full-time, and/or volunteer.

b. If the facility operator/Family child Care Operators/Employees has not been continuously employed for the past thirty- six (36) months, he/she completes the affidavit stating that he/she has not been employed and notes the dates he/she was unemployed.

c. Licensing staff verifies employment information listed on the Employment History Affidavit for a period of twelve (12) months prior to application.

d. The employment information received is one of the factors utilized when making a determination for licensing.

C. The facility operator/Family child Care Operators/Employees ensures that all prospective, full or part-time staff, volunteers or consultants, who have supervisory or disciplinary power over or routine contact with child(ren) without the presence of other employees complete and submit an Employment History Affidavit. Full or part time positions which require Employment History Affidavit prospectively include but are not limited to:

1. Child care workers;

2. Child care supervisors;

3. Maintenance, transportation, kitchen, clerical workers;

4. Counselors, therapists, social workers, clinicians;

5. Teachers, aides, principals;

6. Administrators, coordinators, directors; and

7. Volunteers or consultants.

D. The facility operator/Family child Care Operators/Employees ensures that prospective employees, volunteers and consultants (as described in § 1.10(C) of this Part) complete the Employment History Affidavit (Form #108):

1. The prospective employee, volunteer or consultant identifies place(s) of employment, address(es), date(s), and supervisor(s) for the past thirty-six (36) months. Employment includes part-time, full-time, and/or volunteer.

2. If the prospective employee, volunteer or consultant has not been continuously employed for the past thirty-six (36) months, he/she completes the affidavit stating that he/she has not been employed and notes the dates he/she was unemployed.

3. The facility operator verifies employment information listed on the Employment History Affidavit for a period of twelve (12) months prior to application.

4. The employment information received is one of the factors utilized when making a determination for hiring.

5. The facility operator places the Employment History Affidavit and the written response in the personnel file immediately upon receipt. This information is a permanent part of the personnel file.

E. The facility operator's/Family child Care Operators'/Employees' failure to require the employment background check or failure to maintain the Employment History Affidavit and the written verification on file constitutes grounds to revoke the license of the operator.

214 R.I. Code R. 214-RICR-10-00-1.9

Adopted effective 12/27/2018