352D-4.3. Criminal history record checks
(a) Employees, prospective employees, and volunteers of contracted providers or subcontractors in positions that place them in close proximity to youth when providing services on behalf of the office shall be required to agree to criminal history record checks conducted by the office or its designee in accordance with section 846-2.7. The office shall develop procedures for obtaining verifiable information regarding the criminal history records of individuals seeking to serve as employees or volunteers of contracted providers or subcontractors in positions that place them in close proximity to youth when providing services on behalf of the office.
(b) Except as otherwise specified, any
individual who is employed, seeks employment, or volunteers with a contracted
provider or subcontractor in a position that necessitates close proximity to
youth when providing services on behalf of the office shall:
(1) Submit to the office a sworn statement indicating
whether the individual has ever been convicted of an offense for which
incarceration is a sentencing option;
(2) Be subject to criminal history record checks
through the Hawaii criminal justice data center in accordance with section
846-2.7. An annual name inquiry shall be conducted in the state criminal
history record files; and
(3) Provide to the office written consent for the
office or its designee to obtain criminal history record information for
verification.
Information obtained pursuant to this section shall
be used exclusively by the office for purposes of determining whether a person
is suitable for working or volunteering in a position that necessitates close
proximity to youth when providing contracted services on behalf of the office,
or in conjunction with services provided for youth at the Hawaii youth
correctional facility, while in custody, on furlough, or on parole. All such
decisions shall be subject to any applicable federal laws and regulations.
(c) The office may require the contracted
provider or subcontractor to refuse employment to an applicant for employment,
terminate the employment of an employee, or terminate the services of a
volunteer if:
(1) The employee, prospective employee, or volunteer
of the contracted provider or subcontractor has been convicted of an offense
for which incarceration is a sentencing option; and
(2) The office finds that the criminal history record
of the employee, prospective employee, or volunteer of the contracted provider
or subcontractor indicates that the employee, prospective employee, or
volunteer may pose a risk to the health, safety, or well-being of youth
receiving direct services by that employee, prospective employee, or volunteer.
(d) For the purposes of this section:
"Prospective employee" means any
applicant for a position with a contracted provider or subcontractor that
provides direct services to youth on behalf of the office.
"Provider" means any organization
that or individual who enters into, or intends to enter into, a contract with
or is currently contracted by the office to provide direct services to youth.
The term includes all individuals who are authorized to provide direct services
to youth under the contract with the organization or individual.
"Subcontractor" means any
organization that or individual who enters into, or intends to enter into, a
contract or agreement with a contracted provider to provide direct services to
youth. The term includes all persons who may provide direct services to youth
under the contract with the organization or individual.
"Volunteer" means any individual who
provides, or intends to provide, direct services to youth on a non-compensatory
basis.
(e) Notwithstanding any other law to the
contrary, the office shall be exempt from section 831-3.1 for purposes of this
section and need not conduct its investigations, notifications, or hearings in
accordance with chapter 91.
[L 2006, c 131, §1; am L 2008, c 136, §6]
