36-3008. Services for victims of domestic violence; personnel; fingerprinting; confidentiality; notification

A. Employees and volunteers of a domestic violence service provider shall have valid fingerprint clearance cards that are issued pursuant to title 41, chapter 12, article 3.1 or shall apply for a fingerprint clearance card within seven working days of employment or beginning volunteer work. Federally recognized Indian tribes or military bases may submit and the department shall accept certifications that state that employees of a domestic violence service provider who are employed by a domestic violence service provider and who provide services directly to victims of domestic violence have not been convicted of, have not admitted committing or are not awaiting trial on any offense under subsection B, paragraph 1 of this section.

B. Personnel shall certify on forms that are provided by the department and notarized that:

1. They are not awaiting trial on and have never been convicted of or admitted committing any of the criminal offenses listed in section 41-1758.03, subsections B and C in this state or similar offenses in another state or jurisdiction.

2. They have not been denied a license to operate a facility that provides services for domestic violence victims in this state or another state or had a license to operate a facility that provides services for domestic violence victims revoked.

C. The notarized forms are confidential.

D. The domestic violence service provider shall make good faith efforts to contact previous employers to obtain information or recommendations that may be relevant to an individual's fitness to work for the provider.

E. A domestic violence service provider shall notify the department of public safety if the provider receives credible evidence that a person who possesses a fingerprint clearance card either:

1. Is arrested for or charged with an offense listed in section 41-1758.03, subsection B.

2. Falsified information on the form required by subsection B of this section.