A person who has a record of a criminal conviction or a
founded child abuse or dependent adult abuse shall not be licensed to operate,
be employed by, or reside in a PMIC unless an evaluation of the crime or
founded child or dependent adult abuse has been made by the department of human
services which concludes that the crime or founded child or dependent adult
abuse does not merit prohibition of employment.
(1) A PMIC shall request that the department of human
services (DHS) conduct a criminal and child abuse record check, when a person
is being considered for licensure or for employment if the person will:
a. Have direct responsibility for a
child;
b. Have access to a child
when the child is alone; or
c.
Reside in the facility.
(2) A PMIC shall inform all new applicants for
employment of the requirement for the criminal and child abuse record checks
and the possibility of a dependent adult abuse record check. The PMIC shall
obtain, from the applicant, a signed acknowledgment of the receipt of this
information.
(3) A PMIC shall
include the following inquiry in an application for employment: "Do you have a
record of founded child or dependent adult abuse or have you ever been
convicted of a crime, in this state or any other state?"
(4) DHS will inform the PMIC of the results of the
criminal, child abuse, and dependent adult abuse record checks. If a record of
a criminal conviction or founded child or dependent adult abuse exists, the
PMIC will be informed on Form 470-2310, "Record Check Evaluation." The subject
of the report shall complete that form and it shall be returned to DHS to
request evaluation of the record to determine whether prohibition of the
person's licensure, employment, or residence is warranted.
(5) If the evaluation is not requested or if the DHS
determines that the person has committed a crime or has a record of founded
child abuse or dependent adult abuse which warrants prohibition of licensure,
employment, or residence, the person shall not be licensed to operate, be
employed by, or reside in a PMIC.
This rule is intended to implement Iowa Code section
135H.7.
