9 CAR § 31-204 – Child Maltreatment Central Registry and criminal record check

(a)
1. (1) The agency shall conduct background checks, as required by Arkansas Code § 9-28-409 of the Child Welfare Agency Licensing Act, Arkansas Code § 9-28-401 et seq., using forms approved by the Child Welfare Agency Licensing Unit.
2. (2) Background checks conducted by or for other licensing authorities (examples include, but are not limited to, the Office of Long-Term Care or the Division of Developmental Disabilities Services) do not meet the requirement of this standard.
(b) The following persons in a child welfare agency shall be checked with the Child Maltreatment Central Registry in their state of residence, if available, any state of residence in which the person has lived for the past five (5) years, and in the person’s state of employment, if different, for reports of child maltreatment:
1. (1) Employees having direct and unsupervised contact with children;
2. (2) House parents and each member of the household who is fourteen (14) years of age or older;
3. (3) Volunteers, mentors, sponsors, and student interns having direct and unsupervised contact with children;
4. (4) Owners having direct and unsupervised contact with children; and
5. (5) Members of the agency’s board of directors having direct and unsupervised contact with children.
(c) Persons required to have the Child Maltreatment Central Registry check shall repeat the check every two (2) years.
(d)
1. (1) Any person found to have a record of child maltreatment shall be reviewed by the owner or administrator of the agency, in consultation with the Child Welfare Agency Review Board or its designee, to determine corrective action.
2. (2) Corrective action may include without limitation:
  1. (A) Counseling;
  2. (B) Training;
  3. (C) Probationary employment;
  4. (D) Nonselection for employment; or
  5. (E) Termination.
(e) The following persons in a child welfare agency shall be checked with the Identification Bureau of the Division of Arkansas State Police for convictions of offenses listed in Arkansas Code § 9-28-409:
1. (1) Employees having direct and unsupervised contact with children;
2. (2) Volunteers, mentors, sponsors, and student interns having direct and unsupervised contact with children;
3. (3)
  1. (A) House parents, and each member of the household who is eighteen (18) years of age or older.
  2. (B) The house parents shall certify in writing annually whether or not household members fourteen through seventeen (14 – 17) years of age have criminal records;
4. (4) Owners having direct and unsupervised contact with children; and
5. (5) Members of the agency’s board of directors having direct and unsupervised contact with children.
(f) Individuals required to submit to a criminal background check with the Identification Bureau of the Division of Arkansas State Police shall also complete a background check with the Federal Bureau of Investigation.
(g) All persons required to be checked with the Division of Arkansas State Police under this section shall repeat the check at a minimum of every five (5) years.
(h) Child Maltreatment Central Registry checks and Division of Arkansas State Police and Federal Bureau of Investigation criminal record checks shall be initiated within ten (10) days of employment.
(i) The agency shall provide a copy of the Federal Bureau of Investigation criminal record check form and the Division of Arkansas State Police criminal record check form to the Child Welfare Agency Licensing Unit upon initiation.
(j) The agency shall maintain on file evidence that background checks have been initiated as required and results of the completed checks.
(k) No person guilty of an excluded criminal offense pursuant to Arkansas Code § 9-28-409 shall be permitted to have direct and unsupervised contact with children, except as provided in the statute.
(l) A child welfare agency shall immediately notify the Child Welfare Agency Licensing Unit when an individual is found to have a record of an excluded criminal offense.