Iowa Admin. Code r. 441-119.4 - Completion of evaluation
(1)
Considerations. The department shall consider the following
when conducting a record check evaluation:
a.
The nature and seriousness of the crime or founded child or dependent adult
abuse in relation to the position sought or held.
b. The time elapsed since the commission of
the crime or founded child or dependent adult abuse.
c. The circumstances under which the crime or
founded abuse was committed.
d. The
degree of rehabilitation.
e. The
likelihood that the person will commit a crime or founded child or dependent
adult abuse again.
f .The number of crimes or instances of founded child or dependent adult abuse committed by the person involved.
(2)
Evaluation
conclusions.
a. The department may
determine the following:
(1) The person may
be employed by the entity or enroll in the training program with no
restrictions.
(2) The person may be
employed by the entity or enroll in the training program with
restrictions.
(3) The person may be
employed by the entity or enroll in the training program with restrictions
specific to a position within the program.
(4) The person may not be employed by the
entity or enroll in the training program.
b. Restrictions on a person's employment or
enrollment status shall be based upon what is necessary for the protection of
the person or persons receiving care.
c. Medicaid waiver consumer-directed
attendant care evaluations shall determine that either the person may work or
the person may not work pursuant to Medicaid law.
(3)
Notice of decision. The
department shall issue a notice of decision in writing to the requesting
entity . The requesting entity is responsible for providing a copy of the notice
to the prospective employee or student.
a.
The notice shall be valid only for employment with the employer or enrollment
in a training program that requested the record check evaluation.
b. The notice shall not be valid for
employment with any other prospective employer or enrollment in another
training program.
c. Record check
evaluations are valid for 30 days from the date the notice of decision is
issued. If the person does not start employment or attend the training program
within the 30-day time period, the conditions in subrule 119.2(5) shall apply.
"Start employment or attend the training program" means to begin to receive a
salary or take classes.
d. The
notice of decision shall contain the notice of right to appeal.
Notes
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