Record checks are required for any entity being considered
for licensure or employment by a licensee on a facility campus where children
reside to determine whether any founded child abuse reports or criminal
convictions exist or whether the entity has been placed on a sex offender
registry. The facility shall not employ any person who has been convicted of a
crime involving the mistreatment or exploitation of a child. The facility shall
not employ any person who has a record of a criminal conviction or founded
child abuse report unless the department has evaluated the crime or abuse and
determined that the crime or abuse does not merit prohibition of licensure,
volunteering or employment.
(1)
Procedure. Each entity being considered for licensure or
employment shall be checked for all of the following:
a. Records with the Iowa central abuse
registry, using the request for child and dependent adult abuse information
form;
b. Records with the Iowa
division of criminal investigation, using the department's criminal history
record check form;
c. Records with
the Iowa sex offender registry;
d.
Records with the child abuse registry of any state where the person has lived
during the past five years; and
e.
Fingerprints provided to the department of public safety for submission through
the state criminal history repository to the United States Department of
Justice, Federal Bureau of Investigation, for a national criminal history
check. Fingerprinting, for the purpose of a national criminal history check, is
required for all entities considered for licensure or employment by a licensee
on a facility campus where children reside.
(2)
Evaluation of record. If
an entity for which a background check is required has a record of founded
child or dependent adult abuse, a criminal conviction, or placement on a sex
offender registry, the department shall prohibit licensure or employment unless
an evaluation determines that the abuse, criminal conviction, or placement on a
sex offender registry does not warrant prohibition.
a.
Scope. The evaluation
shall consider the nature and seriousness of the founded child or dependent
adult abuse or criminal conviction report in relation to:
(1) The position sought or held,
(2) The time elapsed since the abuse or crime
was committed,
(3) The
circumstances under which the abuse or crime was committed,
(4) The degree of rehabilitation,
(5) The likelihood that the person will
commit the abuse or crime again, and
(6) The number of abuses or crimes committed
by the person.
b.
Evaluation form. The person with the founded child or
dependent adult abuse or criminal conviction report shall complete and return
the department's record check evaluation form within ten calendar days of the
date of receipt to be used to assist in the evaluation.
(3)
Evaluation decision. The
department shall conduct the evaluation and make the decision of whether or not
the founded child or dependent adult abuse or criminal conviction warrants
prohibition of licensure or employment by a licensee. The department shall
issue a notice of decision in writing to the requesting entity. The requesting
entity is responsible for providing a copy of the notice to the prospective
employee. Record check evaluations are valid for 30 days from the date the
notice of decision is issued.
Notes
Iowa Admin. Code
r. 441-114.24
Amended by
IAB
December 4, 2019/Volume XLII, Number 12, effective
1/8/2020
Amended by
IAB
April 5, 2023/Volume XLV, Number 20, effective
6/1/2023
