20 CAR § 404-502 – Valid and transferable employment determination

(a) Under some circumstances, an employment determination performed by other offices or divisions of the Department of Human Services and the criminal history records check used to make the determination for an applicant or employee of a service provider are valid and transferrable for purposes of meeting the requirements of this part for application or employment in an Intermediate Care Facility for the Mentally Retarded (ICF/MR) and the ICF/MR is not required to conduct any further criminal records check except for periodic checks as described in 20 CAR § 404-202.
(b) A valid and transferrable employment determination must meet the following conditions:
1. (1) The determination must be made by:
  1. (A) The Division of Child Care and Early Childhood Education for an applicant or employee of a child care facility or church-exempt child care facility; or
  2. (B) The Division of Developmental Disabilities Services for:
(i) An Alternative Community Services Waiver Program provider;
1. (ii) An early intervention provider; or
  1. (iii) A nonprofit community program;
2. (2) The ICF/MR employee or applicant will be continuously employed by the service provider in one (1) or more of the service provider types listed in subdivision (b)(1)(A) or (B) of this section;
3. (3) The service provider types listed in subdivision (b)(1)(A) or (B) of this section, in which the employee or applicant will be employed are operated and administered by the same service provider;
4. (4) The ICF/MR or the parent service provider maintains evidence acceptable to the Office of Long-Term Care that the service provider types listed in subdivision (b)(1)(A) or (B) of this section, are operated and administered by the same service provider; and
5. (5) The ICF/MR and all service provider types listed in subdivision (b)(1)(A) or (B) of this section, in which the employee or applicant is employed maintains an original or copy of the determination letter by the divisions listed in subdivision (b)(1)(A) or (B) of this section.