46-141. Criminal record information checks; fingerprinting employees and applicants; definition

A. Each license granted by the department of economic security and each contract entered into between the department of economic security and any contract provider for the provision of services to juveniles or vulnerable adults shall provide that, as a condition of employment, personnel who are employed by the licensee or contractor, whether paid or not, and who are required or allowed to provide services directly to juveniles or vulnerable adults shall have a valid fingerprint clearance card issued pursuant to section 41-1758.07 or shall apply for a fingerprint clearance card within seven working days of employment.

B. Each person, whether paid or not, shall have as a condition of employment a valid fingerprint clearance card issued pursuant to section 41-1758.07 or shall apply for a fingerprint clearance card within seven working days after being employed, if the person is any of the following:

1. Licensed by the department of child safety or employed by the licensee.

2. A department of child safety contractor for the provision of services directly to juveniles or vulnerable adults.

3. An adult working in a group home, residential treatment center, shelter or other congregate care setting.

C. The licensee or contractor shall assume the costs of fingerprint checks and may charge these costs to its fingerprinted personnel. The department of economic security or the department of child safety may allow all or part of the costs of fingerprint checks to be included as an allowable cost in a contract.

D. A service contract or license with any contract provider or licensee that involves the employment of persons who have contact with juveniles or vulnerable adults shall provide that the contract or license may be canceled or terminated immediately if a person certifies pursuant to subsections G and H of this section that the person is awaiting trial on or has been convicted of any of the offenses listed in subsections G and H of this section in this state or similar offenses in another state or jurisdiction or if the person does not possess or is denied issuance of a valid fingerprint clearance card.

E. A contract provider or licensee may avoid cancellation or termination of the contract or license under subsection D of this section if a person who does not possess or has been denied issuance of a valid fingerprint clearance card or who certifies pursuant to subsections G and H of this section that the person has been convicted of or is awaiting trial on any of the offenses listed in section 41-1758.07, subsection B is immediately prohibited from employment or service with the contract provider or licensee in any capacity requiring or allowing contact with juveniles or vulnerable adults and is not allowed to work in a group home, residential treatment center, shelter or other congregate care setting.

F. A contract provider or licensee may avoid cancellation or termination of the contract or license under subsection D of this section if a person who does not possess or has been denied issuance of a valid fingerprint clearance card or who certifies pursuant to subsections G and H of this section that the person has been convicted of or is awaiting trial on any of the offenses listed in section 41-1758.07, subsection C is immediately prohibited from employment or service with the contract provider or licensee in any capacity requiring contact with juveniles or vulnerable adults and is not allowed to work in a group home, residential treatment center, shelter or other congregate care setting unless the person is granted a good cause exception pursuant to section 41-619.55.

G. Personnel who are employed by any contract provider or licensee, whether paid or not, and who are required or allowed to provide services directly to juveniles or vulnerable adults or who are allowed to work in a group home, residential treatment center, shelter or other congregate care setting shall certify on forms provided by the department of economic security or the department of child safety and notarized whether they are awaiting trial on or have ever been convicted of 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.

H. Personnel who are employed by any contract provider or licensee, whether paid or not, and who are required or allowed to provide services directly to juveniles or who are allowed to work in a group home, residential treatment center, shelter or other congregate care setting shall certify on forms provided by the department of economic security or the department of child safety and notarized whether they have ever committed any act of sexual abuse of a child, including sexual exploitation and commercial sexual exploitation, or any act of child abuse.

I. Federally recognized Indian tribes or military bases may submit and the department of economic security and the department of child safety shall accept certifications that state that personnel who are employed or who will be employed during the contract term have not been convicted of, have not admitted committing or are not awaiting trial on any offense under subsection G of this section.

J. A person who applies to the department of economic security or the department of child safety for a license or certificate or for paid or unpaid employment, including contract services, and who will provide direct services to juveniles or vulnerable adults or who will work in a group home, residential treatment center, shelter or other congregate care setting shall submit a full set of fingerprints to the department for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation. This subsection does not apply to those persons who are subject to section 8-105, 8-509, 8-802 or 41-1968 or subsection A of this section.

K. The special services unit of the department of economic security and employees of the department of child safety may use the department of public safety automated system to update all criminal history record information in order to ensure, to the maximum extent reasonably possible, complete disposition information. The department of economic security or the department of child safety may deny employment or issuance or renewal of the contract or license applied for in these cases if it determines that the criminal history record information indicates that the employee, applicant or contractor is not qualified or suitable.

L. Volunteers who provide services to juveniles or vulnerable adults under the direct visual supervision of the contractor's or licensee's employees are exempt from the fingerprinting requirements of this section, unless the volunteer works in a group home, residential treatment center, shelter or other congregate care setting.

M. The department of economic security or the department of child safety shall notify the department of public safety if the department of economic security or the department of child safety receives credible evidence that a person who possesses a valid fingerprint clearance card pursuant to subsection A of this section 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 G of this section.

N. For the purposes of this section, " vulnerable adult" has the same meaning prescribed in section 46-451.