1. (a) The background check policy required by RSA 485-A:24, II(a) shall be adequate to ensure that no camp staff has a criminal conviction for any of the offenses listed therein, specifically:

   1. (1) Causing or threatening direct physical injury to any individual; or
   2. (2) Causing or threatening harm of any nature to any child or children.

2. (b) A background check policy shall be deemed to meet the requirement of (a), above, if it:

   1. (1) Requires all camp staff who might be left alone with a child or children to be subject to a background check, as described in Env-Wq 909.05, prior to initially being left alone with a child or children and not less than once in each calendar year thereafter;
   2. (2) Prohibits any staff member who has not been subject to the required background check from working directly with any youth(s) unless a staff member for whom the background check has been completed is also present;

   3. (3) Requires the YSC operator to review:

      1. a. The results of the background checks and certifications, for compliance with the established YSC policy and RSA 485-A:24, II; and
      2. b. Any references, employment history, and volunteer history submitted by or for each camp staff member, to determine whether to allow the individual to work directly with youths at the YSC;
   4. (4) As required by RSA 485-A:24, II(e), identifies the frequency of the background checks and the sources used to conduct the background checks; and
   5. (5) Requires the YSC operator to maintain an up-to-date listing of all staff members who are in a position such that it is possible they could be left alone with children, together with the status of their background checks.

3. (c) As specified in RSA 485-A:24, II(d), a background check policy may include more stringent requirements for background checks than specified in (b), above, provided:

   1. (1) The requirement of (a), above, is met; and
   2. (2) The more stringent requirements are explicitly identified in the policy and in the certification explained in Env-Wq 909.07.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17