When an applicant has a criminal record or is the subject of a central registry match as described in He-C 505.04 and He-C 505.05, the following shall occur:

1. (a) The director in consultation with the hiring authority, the administrator of the central registry and the child protection administrator for the DCYF shall conduct an investigation as to whether the applicant poses a risk of danger to children in the position for which the individual has applied or is currently working;

2. (b) The investigation shall include the following:

   1. (1) A review of the information, specifics and the circumstances of the criminal record or the finding of child abuse or neglect;
   2. (2) An examination of the nature of the position in connection with the existence and frequency of contact with children with the possibility of altering the position so that the applicant will not be in contact with children;
   3. (3) A determination whether an alternative position might be available for the applicant if contact with children is deemed necessary to perform the requirements for the position; and
   4. (4) When the applicant is currently a DHHS employee, a review of other options if the individual will be unavoidably in contact with children, such as demotion, transfer or terminating employment;
3. (c) The applicant shall be provided, at minimum, with the opportunity to present evidence to the investigators and to show that he/she does not pose a threat to children.

4. (d) If, after investigation, the director determines that the individual is unsuitable for the position in question, the director shall:

   1. (1) Deny employment to the applicant; or

   2. (2) When the applicant is currently a DHHS employee, terminate, suspend, demote, or transfer the individual, or allow the individual to remain in the current position pending implementation of an approved corrective action plan, according to the following circumstances:

      1. a. Terminate the employee if the individual’s skills and qualifications do not meet the department's requirements in any other position which does not include contact with children;
      2. b. Terminate the employee when the applicant currently holds a position involving contact with children and the criminal records or central registry check reveals a criminal record or finding of child abuse or neglect;

      3. c. Terminate the employee if, after the individual has transferred into the new position pursuant to He-C 505.03:

         1. 1. A criminal history record or finding of child abuse or neglect is discovered; and
         2. 2. The position previously held by the employee has been filled;
      4. d. Suspend the employee without pay if there is the possibility of obtaining another position in another location or office that does not involve contact with children, and that position will become available within 3 months;
      5. e. Demote the employee if there is a position available in another location or office which does not involve contact with children but is a lower labor grade;
      6. f. Transfer the employee when there is a position which does not involve contact with children in another DHHS location or office for which the employee qualifies;
      7. g. If the applicant currently holds a position that does not involve contact with children, allow that individual to remain in the current position; and

      8. h. If the applicant currently holds a position that involves contact with children, and the department determines that the nature of the crime committed does not warrant action permitted under He-C 505.06(d)(l) or (2)a.-f., the applicant shall be permitted to remain in the position provided that the applicant develops and implements a corrective action plan in accordance with the provisions set forth below:

         1. 1. A description of the nature of the crime committed; and
         2. 2. A statement as to what steps the applicant has taken to address that behavior.
5. (e) For applicants who submitted a corrective action plan pursuant to (d)(2)h. above, if the department determines the corrective action plan is insufficient to prevent a recurrence of the previous criminal behavior, the department shall take further action based on (d)(2)a.-h.

Source. #7407, eff 11-21-00, EXPIRED: 11-12-08