Sec. 07.05.01.09. Screening Employees, Volunteers, and Governing Board Members

A. Before agency employment or approval as a volunteer or governing board member, any applying employee, volunteer, or governing board member who is in close proximity to children as part of the authorized function of the position is subject to a:

(1) State and federal criminal background investigation; and

(2) Review of child abuse and neglect records from the local department in the jurisdiction where the applicant resides.

B. The applying employee, volunteer, or governing board member shall be rejected if:

(1) The applicant refuses to consent to a required criminal background investigation and child protective services clearance;

(2) The applicant has an indicated child abuse or neglect finding; or

(3) A criminal background check reveals that an applicant has had a felony conviction for:

(a) Child abuse or neglect, spousal abuse, any crime against children, rape, sexual assault, or homicide; or

(b) Physical assault, battery, or a drug-related offense in the 5 years before the application date.

C. If the applicant has a pending child abuse or neglect investigation, the agency may not proceed with the application. The agency may decide to proceed with the application after the investigation is completed.

D. Before hiring staff or approving volunteers and board members, the agency shall:

(1) Obtain written references with documented supporting telephone or personal interviews from four unrelated individuals and present and former employers; and

(2) Determine from the references and interviews if there is any known reason why the individual should not or is not able to perform assigned duties and assume appropriate responsibilities.