Bill Text: IN HB1494 | 2013 | Regular Session | Enrolled
Bill Title: National criminal history background checks for child care.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2013-05-13 - Public Law 287 [HB1494 Detail]
Download: Indiana-2013-HB1494-Enrolled.html
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AN ACT to amend the Indiana Code concerning human services.
(1) the submission of fingerprints of the individual making the request; and
(2) the payment of a fifteen dollar ($15) fee.
(1) Murder (IC 35-42-1-1).
(2) Attempted murder (IC 35-41-5-1).
(3) Voluntary manslaughter (IC 35-42-1-3).
(4) Involuntary manslaughter (IC 35-42-1-4).
(5) Reckless homicide (IC 35-42-1-5).
(6) Aggravated battery (IC 35-42-2-1.5).
(7) Kidnapping (IC 35-42-3-2).
(8) Rape (IC 35-42-4-1).
(9) Criminal deviate conduct (IC 35-42-4-2).
(10) Child molesting (IC 35-42-4-3).
(11) Sexual misconduct with a minor as a Class A felony under IC 35-42-4-9(a)(2) or a Class B felony under IC 35-42-4-9(b)(2).
(12) Robbery as a Class A or Class B felony (IC 35-42-5-1).
(13) Burglary as a Class A or Class B felony (IC 35-43-2-1).
(14) Battery as a felony (IC 35-42-2-1).
(15) Domestic battery (IC 35-42-2-1.3).
(16) Strangulation (IC 35-42-2-9).
(17) Criminal confinement (IC 35-42-3-3).
(18) Sexual battery (IC 35-42-4-8).
(19) A felony committed in another jurisdiction that is substantially similar to a felony in this section.
(20) An attempt to commit or a conspiracy to commit an offense listed in subdivisions (1) through (19).
(1) Administer the licensing and monitoring of child care centers or child care homes in accordance with this article.
(2) Ensure that a national criminal history background check of the
(A) An applicant for a license.
(B) An employee or volunteer of an applicant who has direct contact with a child who is receiving child care from the applicant.
(C) If an applicant is applying for a license to operate a child care home, the following:
(i) The applicant's spouse.
(ii) The applicant's household members who are at least eighteen (18) years of age or who are less than eighteen (18) years of age but have previously been waived from
juvenile court to adult court.
(3) Ensure that a national criminal history background check of
a child care ministry applicant for registration the following is
completed through the state police department under
IC 10-13-3-39 before registering the a child care ministry:
(A) An applicant for a child care ministry registration.
(B) An employee or volunteer of an applicant who has
direct contact with a child who is receiving child care from
the applicant.
(4) Provide for the issuance, denial, suspension, and revocation of
licenses.
(5) Cooperate with governing bodies of child care centers and
child care homes and their staffs to improve standards of child
care.
(6) Prepare at least biannually a directory of licensees with a
description of the program capacity and type of children served
that will be distributed to the legislature, licensees, and other
interested parties as a public document.
(7) Deposit all license application fees collected under section 2
of this chapter in the division of family resources child care fund
established by IC 12-17.2-2-3. section 3 of this chapter.
(8) Require each child care center or child care home to record
proof of a child's date of birth before accepting the child. A child's
date of birth may be proven by the child's original birth certificate
or other reliable proof of the child's date of birth, including a duly
attested transcript of a birth certificate.
(9) Provide an Internet site through which members of the public
may obtain the following information:
(A) Information concerning violations of this article by a
licensed child care provider, including:
(i) the identity of the child care provider;
(ii) the date of the violation; and
(iii) action taken by the division in response to the violation.
(B) Current status of a child care provider's license.
(C) Other relevant information.
The Internet site may not contain the address of a child care home
or information identifying an individual child. However, the site
may include the county and ZIP code in which a child care home
is located.
(10) Provide or approve training concerning safe sleeping
practices for children to:
(A) a provider who operates a child care program in the
provider's home as described in IC 12-17.2-3.5-5.5(b); and
(B) a child care home licensed under IC 12-17.2-5;
including practices to reduce the risk of sudden infant death
syndrome.
(b) The division may not release records received from the state police department under subsection (a).
(1) has been convicted of a:
(A) felony:
(i) related to the health or safety of a child;
(ii) that is a sex offense (as defined in IC 11-8-8-5.2);
(iii) that is a dangerous felony; or
(iv) that is not a felony otherwise described in items (i) through (iii), and less than ten (10) years have elapsed from the date the person was discharged from probation, imprisonment, or parole, whichever discharge date is latest;
(B) misdemeanor related to the health or safety of a child;
(C) misdemeanor for operating a child care center without a license under IC 12-17.2-4-35, or of a substantially similar offense committed in another jurisdiction if the offense is directly or indirectly related to jeopardizing the health or safety of a child; or
(D) misdemeanor for operating a child care home without a license under IC 12-17.2-5-35, or of a substantially similar offense committed in another jurisdiction if the offense is directly or indirectly related to jeopardizing the health or safety of a child;
(2)
(3) employs an individual or allows an individual to volunteer
who:
(A) has direct contact with a child who is receiving child
care from the provider; and
(B) has been convicted of a crime specified in subdivision
(1); or
(3) (4) fails to meet the requirements set forth in sections 5
through 12.1 of this chapter.
is ineligible to receive a voucher payment.
(1)
(2) If the provider operates a child care program in the provider's home, require:
(A) the provider's spouse; and
(B) any individual who resides with the provider and who is:
to submit fingerprints for a national criminal history background check by the Federal Bureau of Investigation.
(3) Require any individual who:
(A) is employed or
(B) has direct contact with a child who is receiving child care from the provider;
A provider shall require an individual described in subdivision (3) to
(b) In addition to the requirement under subsection (a), a provider shall report to the division any:
(1) police investigations;
(2) arrests; and
(3) criminal convictions;
(c) A provider that meets the other eligibility requirements of this chapter is temporarily eligible to receive voucher payments until the
(1) the provider:
(A) has:
(i)
(ii) required an individual described in subsection (a)(2) or (a)(3) to submit;
fingerprints for a national criminal history background check as required under subsection (a); and
(B) obtains a local criminal history for the individuals described in subsection (a) from each individual's local law enforcement agency before the individual is employed or allowed to volunteer;
(2) the local criminal history does not reveal that an individual has been convicted of a:
(A) felony:
(i) related to the health or safety of a child;
(ii) that is a sex offense (as defined in IC 11-8-8-5.2);
(iii) that is a dangerous felony; or
(iv) that is not a felony otherwise described in items (i) through (iii), and less than ten (10) years have elapsed from the date the person was discharged from probation, imprisonment, or parole, whichever discharge date is latest;
(B) misdemeanor related to the health or safety of a child;
(C) misdemeanor for operating a child care center without a license under IC 12-17.2-4-35, or of a substantially similar offense committed in another jurisdiction if the offense is directly or indirectly related to jeopardizing the health or safety of a child; or
(D) misdemeanor for operating a child care home without a
license under IC 12-17.2-5-35, or of a substantially similar
offense committed in another jurisdiction if the offense is
directly or indirectly related to jeopardizing the health or
safety of a child.
(d) A provider is ineligible to receive a voucher payment if an
individual for whom a limited national criminal history background
check is required under this section has been convicted of a:
(1) felony:
(A) related to the health or safety of a child;
(B) that is a sex offense (as defined in IC 11-8-8-5.2);
(C) that is a dangerous felony; or
(D) that is not a felony otherwise described in clauses (A)
through (C), and less than ten (10) years have elapsed from
the date the person was discharged from probation,
imprisonment, or parole, whichever discharge date is
latest;
(2) misdemeanor related to the health or safety of a child;
(3) misdemeanor for operating a child care center without a
license under IC 12-17.2-4-35, or of a substantially similar
offense committed in another jurisdiction, if the offense is
directly or indirectly related to jeopardizing the health or
safety of a child; or
(4) misdemeanor for operating a child care home without a
license under IC 12-17.2-5-35, or of a substantially similar
offense committed in another jurisdiction, if the offense is
directly or indirectly related to jeopardizing the health or
safety of a child;
until the individual is dismissed from employment or volunteer service
at the facility where the provider operates a child care program or no
longer resides with the provider.
(e) A provider shall maintain a written policy requiring an
individual for whom a limited national criminal history background
check is required under this section to report any criminal convictions
of the individual to the provider.
(f) Notwithstanding IC 10-13-3-28, the state police department
may not charge a church or religious society any fees or costs (other
than fees or costs charged by the Federal Bureau of Investigation
or a private entity) for responding to a request for a release of a
limited national criminal history background check record of a
prospective or current employee or a prospective or current volunteer
of a child care ministry registered under IC 12-17.2-6 if the conditions
set forth in IC 10-13-3-36(f) are met.
(g) A provider that holds a license or registration under this article on July 1, 2013, shall, at no expense to the state, meet the requirements under subsection (a) not later than July 1, 2014.
(b) An applicant must submit the required information as part of the application.
(c) The applicant must submit with the application a statement attesting that the applicant:
(1) has not been convicted of:
(A) a felony:
(i) related to the health or safety of a child;
(ii) that is a sex offense (as defined in IC 11-8-8-5.2);
(iii) that is a dangerous felony; or
(iv) that is not a felony otherwise described in items (i) through (iii), and less than ten (10) years have elapsed from the date the person was discharged from probation, imprisonment, or parole, whichever discharge date is latest;
(B) a misdemeanor relating to the health or safety of children;
(C) a misdemeanor for operating a child care center without a license under section 35 of this chapter, or of a substantially similar offense committed in another jurisdiction if the offense is directly or indirectly related to jeopardizing the health or safety of a child; or
(D) a misdemeanor for operating a child care home without a license under IC 12-17.2-5-35, or of a substantially similar offense committed in another jurisdiction if the offense is directly or indirectly related to jeopardizing the health or safety of a child; and
(2) has not been charged with:
(A) a felony;
(B) a misdemeanor relating to the health or safety of children;
(C) a misdemeanor for operating a child care center without a license under section 35 of this chapter, or with a substantially similar offense in another jurisdiction if the offense is directly or indirectly related to jeopardizing the health or safety of a child; or
(D) a misdemeanor for operating a child care home without a license under IC 12-17.2-5-35, or with a substantially
similar offense in another jurisdiction if the offense is
directly or indirectly related to jeopardizing the health or
safety of a child;
during the pendency of the application.
(d) An applicant must, shall, at no expense to the state, submit:
(1) the necessary information, forms, or consents; for the division
to obtain and
(2) the applicant's fingerprints;
for a national criminal history background check on the applicant
through the state police department under IC 10-13-3-39. by the
Federal Bureau of Investigation.
(e) Subject to section 3.3 of this chapter, the applicant must, at no
expense to the state, do the following:
(1) Conduct Require an employee or volunteer of the applicant
who has direct contact with a child who is receiving child care
from the applicant to submit fingerprints for a national
criminal history background check of the applicant's employees
and volunteers. by the Federal Bureau of Investigation.
(2) Maintain records of each criminal history check. Report to
the division any:
(A) police investigations;
(B) arrests; and
(C) criminal convictions;
of which the applicant is aware regarding the applicant or an
employee or volunteer described in subdivision (1).
An applicant shall require an individual described in subdivision
(1) to apply for a national criminal history background check
before the individual is employed or allowed to volunteer and every
three (3) years thereafter that the individual is continuously
employed or allowed to volunteer.
(1) A determination by the department of child services established by IC 31-25-1-1 of child abuse or neglect (as defined
in IC 31-9-2-14) by:
(A) the applicant;
(B) an employee of the applicant who has direct contact, on a
regular and continuous basis, with children who are under the
direct supervision of the applicant; or
(C) a volunteer of the applicant who has direct contact, on a
regular and continuous basis, with children who are under the
direct supervision of the applicant.
(2) A criminal conviction of the applicant, an employee of the
applicant who has direct contact on a regular and continuous
basis, with children who are under the direct supervision of
receiving child care from the applicant, or a volunteer of the
applicant who has direct contact on a regular and continuous
basis, with children who are under the direct supervision of
receiving child care from the applicant, of any of the following:
(A) A felony:
(i) related to the health or safety of a child;
(ii) that is a sex offense (as defined in IC 11-8-8-5.2);
(iii) that is a dangerous felony; or
(iv) that is not a felony otherwise described in items (i)
through (iii), and less than ten (10) years have elapsed
from the date the person was discharged from probation,
imprisonment, or parole, whichever discharge date is
latest.
(B) A misdemeanor related to the health or safety of a child.
(C) A misdemeanor for operating a child care center without
a license under section 35 of this chapter, or a substantially
similar offense in another jurisdiction if the offense is
directly or indirectly related to jeopardizing the health or
safety of a child.
(D) A misdemeanor for operating a child care home without a
license under IC 12-17.2-5-35, or a substantially similar
offense in another jurisdiction if the offense is directly or
indirectly related to jeopardizing the health or safety of a
child.
(3) A determination by the division that the applicant made false
statements in the applicant's application for licensure.
(4) A determination by the division that the applicant made false
statements in the records required by the division.
(5) A determination by the division that the applicant previously
operated a:
(A) child care center without a license under this chapter; or
(B) child care home without a license under IC 12-17.2-5.
(b) Notwithstanding subsection (a)(2), if:
(1) a license application is denied due to a criminal conviction of an employee or a volunteer of the applicant; and
(2) the division determines that the employee or volunteer has been dismissed by the applicant;
the criminal conviction of the former employee or former volunteer does not require denial of a license application.
(1) A determination by the department of child services of child abuse or neglect (as defined in IC 31-9-2-14) by:
(A) the licensee;
(B) an employee of the licensee who has direct contact, on a regular and continuous basis, with children who are under the direct supervision of the licensee; or
(C) a volunteer of the licensee who has direct contact, on a regular and continuous basis, with children who are under the direct supervision of the licensee.
(2) A criminal conviction of the licensee, an employee of the licensee who has direct contact
(A) A felony:
(i) related to the health or safety of a child;
(ii) that is a sex offense (as defined in IC 11-8-8-5.2);
(iii) that is a dangerous felony; or
(iv) that is not a felony otherwise described in items (i) through (iii), and less than ten (10) years have elapsed from the date the person was discharged from probation, imprisonment, or parole, whichever discharge date is latest.
(B) A misdemeanor related to the health or safety of a child.
(C) A misdemeanor for operating a child care center without a license under section 35 of this chapter, or a substantially similar offense in another jurisdiction if the offense is directly or indirectly related to jeopardizing the health or
safety of a child.
(D) A misdemeanor for operating a child care home without a
license under IC 12-17.2-5-35, or a substantially similar
offense in another jurisdiction if the offense is directly or
indirectly related to jeopardizing the health or safety of a
child.
(3) A determination by the division that the licensee made false
statements in the licensee's application for licensure.
(4) A determination by the division that the licensee made false
statements in the records required by the division.
(5) A determination by the division that the licensee previously
operated a:
(A) child care center without a license under this chapter; or
(B) child care home without a license under IC 12-17.2-5.
(b) Notwithstanding subsection (a)(2), if:
(1) a license is revoked due to a criminal conviction of an
employee or a volunteer of the licensee; and
(2) the division determines that the employee or volunteer has
been dismissed by the licensee;
the criminal conviction of the former employee or former volunteer
does not require revocation of a license.
(b) An applicant must submit the required information as part of the application.
(c) An applicant must submit with the application a statement attesting that the applicant has not been:
(1) convicted of:
(A) a felony:
(i) related to the health or safety of a child;
(ii) that is a sex offense (as defined in IC 11-8-8-5.2);
(iii) that is a dangerous felony; or
(iv) that is not a felony otherwise described in items (i) through (iii), and less than ten (10) years have elapsed from the date the person was discharged from probation, imprisonment, or parole, whichever discharge date is latest;
(B) a misdemeanor relating to the health or safety of children;
(C) a misdemeanor for operating a child care center without a license under IC 12-17.2-4-35, or of a substantially similar
offense committed in another jurisdiction if the offense is
directly or indirectly related to jeopardizing the health or
safety of a child; or
(D) a misdemeanor for operating a child care home without a
license under section 35 of this chapter, or of a substantially
similar offense committed in another jurisdiction if the
offense is directly or indirectly related to jeopardizing the
health or safety of a child; and
(2) charged with:
(A) a felony;
(B) a misdemeanor relating to the health or safety of children;
(C) a misdemeanor for operating a child care center without a
license under IC 12-17.2-4-35, or with a substantially
similar offense in another jurisdiction if the offense is
directly or indirectly related to jeopardizing the health or
safety of a child; or
(D) a misdemeanor for operating a child care home without a
license under section 35 of this chapter, or with a
substantially similar offense in another jurisdiction if the
offense is directly or indirectly related to jeopardizing the
health or safety of a child;
during the pendency of the application.
(d) An applicant must submit:
(1) the necessary information, forms, or consents; for the division
to: and
(1) conduct (2) the fingerprints of the applicant and the
applicant's spouse;
for a national criminal history background check on the applicant's
spouse; and
(2) obtain a national criminal history background check on the
applicant. through the state police department under
IC 10-13-3-39. by Federal Bureau of Investigation.
(e) Subject to section 3.3 of this chapter, an applicant must do the
following: shall require:
(1) Conduct a criminal history check of the applicant's:
(A) employees;
(B) volunteers; and
(C) household members who are:
(i) at least eighteen (18) years of age; or
(ii) less than eighteen (18) years of age but have previously
been waived from juvenile court to adult court;
(2) Maintain records of each criminal history check.
(1) an employee or a volunteer of the applicant who has direct contact with a child who is receiving child care from the applicant; and
(2) the applicant's household members who are:
(A) at least eighteen (18) years of age; or
(B) less than eighteen (18) years of age but have previously been waived from juvenile court to adult court;
to submit fingerprints for a national criminal history background check by the Federal Bureau of Investigation. An applicant shall require an individual described in subdivision (1) to apply for a national criminal history background check before the individual is employed or allowed to volunteer and every three (3) years thereafter that the individual is continuously employed or allowed to volunteer.
(f) In addition to the requirements under subsections (d) and (e), an applicant must report to the division any:
(A) police investigations;
(B) arrests; and
(C) criminal convictions;
of which the applicant is aware regarding the applicant, the applicant's spouse, or a person described in subsection (e).
(1) A determination by the department of child services established by IC 31-25-1-1 of child abuse or neglect (as defined in IC 31-9-2-14) by:
(A) the applicant;
(B) a member of the applicant's household;
(C) an employee of the applicant who has direct contact, on a regular and continuous basis, with children who are under the direct supervision of the applicant; or
(D) a volunteer of the applicant who has direct contact, on a regular and continuous basis, with children who are
(2) A criminal conviction of the applicant, an employee of the applicant who has direct contact
(A) A felony:
(i) related to the health or safety of a child;
(ii) that is a sex offense (as defined in IC 11-8-8-5.2);
(iii) that is a dangerous felony; or
(iv) that is not a felony otherwise described in items (i) through (iii), and less than ten (10) years have elapsed from the date the person was discharged from probation, imprisonment, or parole, whichever discharge date is latest.
(B) A misdemeanor related to the health or safety of a child.
(C) A misdemeanor for operating a child care center without a license under IC 12-17.2-4-35, or a substantially similar offense committed in another jurisdiction if the offense is directly or indirectly related to jeopardizing the health or safety of a child.
(D) A misdemeanor for operating a child care home without a license under section 35 of this chapter, or a substantially similar offense committed in another jurisdiction if the offense is directly or indirectly related to jeopardizing the health or safety of a child.
(3) A determination by the division that the applicant made false statements in the applicant's application for licensure.
(4) A determination by the division that the applicant made false statements in the records required by the division.
(5) A determination by the division that the applicant previously operated a:
(A) child care center without a license under IC 12-17.2-4; or
(B) child care home without a license under this chapter.
(b) Notwithstanding subsection (a)(2), if:
(1) a license application is denied due to a criminal conviction of:
(A) an employee or a volunteer of the applicant; or
(B) a member of the applicant's household; and
(2) the division determines that the:
(A) employee or volunteer has been dismissed by the
applicant; or
(B) member of the applicant's household is no longer a
member of the applicant's household;
the criminal conviction of the former employee, former volunteer, or
former member does not require denial of a license application.
(1) A determination by the department of child services of child abuse or neglect (as defined in IC 31-9-2-14) by:
(A) the licensee;
(B) a member of the licensee's household;
(C) an employee of the licensee who has direct contact, on a regular and continuous basis, with children who are under the direct supervision of the licensee; or
(D) a volunteer of the licensee who has direct contact, on a regular and continuous basis, with children who are under the direct supervision of the licensee.
(2) A criminal conviction of the licensee, an employee of the licensee who has direct contact
(A) A felony:
(i) related to the health or safety of a child;
(ii) that is a sex offense (as defined in IC 11-8-8-5.2);
(iii) that is a dangerous felony; or
(iv) that is not a felony otherwise described in items (i) through (iii), and less than ten (10) years have elapsed from the date the person was discharged from probation, imprisonment, or parole, whichever discharge date is latest.
(B) A misdemeanor related to the health or safety of a child.
(C) A misdemeanor for operating a child care center without a license under IC 12-17.2-4-35, or a substantially similar offense committed in another jurisdiction if the offense is directly or indirectly related to jeopardizing the health or safety of a child.
(D) A misdemeanor for operating a child care home without a license under section 35 of this chapter, or a substantially similar offense committed in another jurisdiction if the offense is directly or indirectly related to jeopardizing the health or safety of a child.
(3) A determination by the division that the licensee made false statements in the licensee's application for licensure.
(4) A determination by the division that the licensee made false statements in the records required by the division.
(5) A determination by the division that the licensee previously operated a:
(A) child care center without a license under IC 12-17.2-4; or
(B) child care home without a license under this chapter.
(b) Notwithstanding subsection (a)(2), if:
(1) a license is revoked due to a criminal conviction of:
(A) an employee or a volunteer of the licensee's; or
(B) a resident of the licensee's household; and
(2) the division determines that the:
(A) employee or volunteer has been dismissed by the licensee; or
(B) member of the licensee's household is no longer a member of the licensee's household;
the criminal conviction of the former employee, former volunteer, or former member does not require revocation of a license.
(1)
(2) Report to the division any:
(A) police investigations;
(B) arrests; and
(C) criminal convictions;
of which the operator or director of the child care ministry is aware regarding an employee or volunteer described in subdivision (1).
volunteer, an individual who has direct contact with a child who
is receiving child care from the child care ministry and who:
(A) has been convicted of any of the following felonies:
(i) Murder (IC 35-42-1-1).
(ii) Causing suicide (IC 35-42-1-2).
(iii) Assisting suicide (IC 35-42-1-2.5).
(iv) Voluntary manslaughter (IC 35-42-1-3).
(v) Reckless homicide (IC 35-42-1-5).
(vi) Battery (IC 35-42-2-1).
(vii) Aggravated battery (IC 35-42-2-1.5).
(viii) Kidnapping (IC 35-42-3-2).
(ix) Criminal confinement (IC 35-42-3-3).
(x) A felony sex offense under IC 35-42-4.
(xi) Carjacking (IC 35-42-5-2).
(xii) Arson (IC 35-43-1-1).
(xiii) Incest (IC 35-46-1-3).
(xiv) Neglect of a dependent (IC 35-46-1-4(a)(1) and
IC 35-46-1-4(a)(2)).
(xv) Child selling (IC 35-46-1-4(d)).
(xvi) A felony involving a weapon under IC 35-47 or
IC 35-47.5.
(xvii) A felony relating to controlled substances under
IC 35-48-4.
(xviii) An offense relating to material or a performance that
is harmful to minors or obscene under IC 35-49-3.
(xix) A felony that is substantially equivalent to a felony
listed in items (i) through (xviii) for which the conviction
was entered in another state. a felony:
(i) related to the health or safety of a child;
(ii) that is a sex offense (as defined in IC 11-8-8-5.2);
(iii) that is a dangerous felony; or
(iv) that is not a felony otherwise described in items (i)
through (iii), and less than ten (10) years have elapsed
from the date the person was discharged from probation,
imprisonment, or parole, whichever discharge date is
latest;
(B) has been convicted of a misdemeanor related to the health
or safety of a child;
(C) has been convicted of a misdemeanor under
IC 12-17.2-4-35 for operating a child care center without
a license, or of a substantially similar offense committed in
another jurisdiction if the offense is directly or indirectly
related to jeopardizing the health or safety of a child;
(D) has been convicted of a misdemeanor under
IC 12-17.2-5-35 for operating a child care home without a
license, or of a substantially similar offense committed in
another jurisdiction if the offense is directly or indirectly
related to jeopardizing the health or safety of a child; or
(C) (E) is a person against whom an allegation of child abuse
or neglect has been substantiated under IC 31-33, or under a
substantially similar provision in another jurisdiction.
(3) Maintain records of each criminal history check.
(b) A child care ministry shall require an individual described
in subsection (a)(1) to apply for a national criminal history
background check before the individual is employed or allowed to
volunteer and every three (3) years thereafter that the individual
is continuously employed or allowed to volunteer.
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