Disposition of Background Checks

Section 385 TITLE 89: SOCIAL SERVICES CHAPTER III: DEPARTMENT OF CHILDREN AND FAMILY SERVICES SUBCHAPTER d: LICENSING ADMINISTRATION PART 385 BACKGROUND CHECKS SECTION 385.70 DISPOSITION OF BACKGROUND CHECKS Section 385.70  Disposition of Background Checks a)         Persons subject to background checks shall be ineligible for licensure, employment or volunteer service, or be a member of a household if such individuals: 1)         Refuse to consent to a background check, as defined in Section 385.20; 2)         Falsify any information provided in connection with the background check; 3)         Are registered, or is required to be registered, on a state sex offender registry or repository or the National Sex Offender Registry; 4)         Have committed disqualifying offenses, as listed in Appendix A (Lifetime Bars).  In addition to those disqualifying offenses: A)        For day care homes, group day care comes, and day care centers, have committed a disqualifying offense as listed in Section 385.34. B)        For foster family homes and host homes, have committed a disqualifying offense as listed in Section 385.36; or 5)         Have been indicated in a child abuse or neglect investigation that equates to a presumption of unsuitability and no waiver of the presumption is granted. b)         Notice of Findings When the subject of the background check is the director, administrator or other chief executive officer of the child care facility, the Department will notify in writing the presiding officer of the governing body of the results of the check, and the presiding officer shall take those actions required by this Part.  When the subject of the background check is an owner or supervisor of a group home or a child care facility that operates in a family home, the Department will notify in writing the supervising agency for the child care facility of the results of the check. c)         Child Care Facility Decision Regarding Employment It shall be the responsibility of the governing body or operator of a child welfare agency or congregate care facility to determine whether to hire an individual with a pre-hire offer of employment, or for the governing body or operator of a day care facility to continue employment of a probationary day care employee after the receipt of all components of a background check, to provide the individual an opportunity for a review in accordance with the child care facility's personnel policies, and to notify the Department in writing of its employment decision within 30 days after receipt of the information from the Department.  The decision of the employer is final, subject to review under the personnel policies of its governing body.  These hiring decisions may not be appealed to the Department. d)         Request for Subsequent Background Check The employer of a person who has been relieved of child-related duties pursuant to this Part may request another background check if the circumstances leading to the relieving of child care duties have changed.  A change of circumstances may include, but is not limited to: 1)         pending criminal charges have been dismissed or have resulted in an acquittal or conviction for a lesser charge; 2)         a conviction is reversed on appeal; 3)         the indicated finding of abuse or neglect is expunged, amended to another allegation, or amended to "unfounded"; 4)         a pending child protection investigation of abuse or neglect is "unfounded"; or 5)         the records of the circuit court or local or state police, if relied upon to reach the decision, have been amended. e)         Delinquent Child Support For all child care facility types, if a license applicant has been denied, or the Department has refused to renew a license because the applicant is more than 30 days delinquent in complying with a child support order, the applicant may reapply after submitting proof that the child support has been paid in full or that a payment schedule has been arranged with the Department of Healthcare and Family Services (Title IV-D support cases) or the court of jurisdiction (all other child support cases).