(a) Written policies. Grantee and delegate agencies must establish and implement written personnel policies for staff, that are approved by the Policy Council or Policy Committee and that are made available to all grantee and delegate agency staff. At a minimum, such policies must include:
(1) Descriptions of each staff position, addressing, as appropriate, roles and responsibilities, relevant qualifications, salary range, and employee benefits (see 45 CFR 1304.52(c) and (d) );
(2) A description of the procedures for recruitment, selection and termination (see paragraph (b) of this Section, Staff recruitment and selection procedures);
(3) Standards of conduct (see 45 CFR 1304.52(h) );
(4) Descriptions of methods for providing staff and volunteers with opportunities for training, development, and advancement (see 45 CFR 1304.52(k), Training and development);
(5) A description of the procedures for conducting staff performance appraisals (see 45 CFR 1304.52(i), Staff performance appraisals);
(6) Assurances that the program is an equal opportunity employer and does not discriminate on the basis of gender, race, ethnicity, religion or disability; and
(7) A description of employee-management relation procedures, including those for managing employee grievances and adverse actions.
(b) Staff recruitment and selection procedures.(1) Before an employee is hired, grantee or delegate agencies must conduct:
(i) An interview with the applicant;
(ii) A verification of personal and employment references; and
(iii) A State or national criminal record check, as required by State law or administrative requirement. If it is not feasible to obtain a criminal record check prior to hiring, an employee must not be considered permanent until such a check has been completed.
(2) Grantee and delegate agencies must require that all current and prospective employees sign a declaration prior to employment that lists:
(i) All pending and prior criminal arrests and charges related to child sexual abuse and their disposition;
(ii) Convictions related to other forms of child abuse and neglect; and
(iii) All convictions of violent felonies.
(3) Grantee and delegate agencies must review each application for employment individually in order to assess the relevancy of an arrest, a pending criminal charge, or a conviction.
(c) Declaration exclusions. The declaration required by paragraph (b)(2) of this section may exclude:
(1) Traffic fines of $200.00 or less;
(2) Any offense, other than any offense related to child abuse and/or child sexual abuse or violent felonies, committed before the prospective employee's 18th birthday which was finally adjudicated in a juvenile court or under a youth offender law;
(3) Any conviction the record of which has been expunged under Federal or State law; and
(4) Any conviction set aside under the Federal Youth Corrections Act or similar State authority.
(d) Probationary period. The policies governing the recruitment and selection of staff must provide for a probationary period for all new employees that allows time to monitor employee performance and to examine and act on the results of the criminal record checks discussed in paragraph (b) (1) of this Section.
(e) Reporting child abuse or sexual abuse. Grantee and delegate agencies must develop a plan for responding to suspected or known child abuse or sexual abuse as defined in 45 CFR 1340.2(d) whether it occurs inside or outside of the program.
(The information collection requirements are approved by the Office of Management and Budget (OMB) under OMB Control Number 0970-0148 for paragraph (b).)
[61 FR 57225, Nov. 5, 1996, as amended at 63 FR 2313, Jan. 15, 1998]
Title 45 published on 2012-10-01
no entries appear in the Federal Register after this date.
This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.