41-1964. Day care homes; child care personnel; fingerprints; definition

A. Child care personnel shall have valid fingerprint clearance cards issued pursuant to section 41-1758.07 or shall apply for a fingerprint clearance card no later than seven working days from the date of certification by the department or within seven working days after residing or working in the home of a child care home provider or being designated as a backup provider.

B. Before certification or within seven working days after residing or working in the home of a child care provider or being designated as a backup provider, child care personnel shall certify on forms that are provided by the department and notarized whether:

1. They are awaiting trial on or have been convicted of or admitted committing any of the criminal offenses listed in section 41-1758.07, subsections B and C in this state or similar offenses in another state or jurisdiction.

2. They are parents or guardians of a child adjudicated to be a dependent child as defined in section 8-201.

3. They have been denied a license to operate a facility for the care of children for cause in this state or another state or had a license or certificate to operate such a facility revoked.

C. The department shall make documented, good faith efforts to contact previous employers of certified day care home personnel to obtain information or recommendations that may be relevant to an individual's fitness for work in a certified day care home.

D. The notarized forms are confidential.

E. The department of economic security shall notify the department of public safety if the department of economic security receives credible evidence that any child care personnel who possesses a valid fingerprint clearance card either:

1. Is arrested for or charged with an offense listed in section 41-1758.07, subsection B or C.

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

F. For the purposes of this section, " child care personnel" means child care home providers, in-home providers and noncertified relative providers as defined in section 46-801 and designated backup providers and all persons who are eighteen years of age or older and who work or reside in the home of a child care home provider.