50-06-01.9. Criminal history record checks

50-06-01.9. Criminal history record checks

In accordance with section 12-60-24, the department may require criminal history record

checks as the department determines appropriate for:

1. Job applicants of the department and employees of the department as part of

contingent offer of employment;

2. Job applicants of the human service zone, current employees of the human service

zone and department, and the department's and human service zones' contractors

and contractors' subcontractors job applicants and current employees that may have

access to federal tax information received from the United States internal revenue

service through a computer match and stored in the department's eligibility system;

3. A criminal history record check conducted under subsections 1 and 2 is valid for five

years, after which the department shall require another criminal history record check

on employees of the department, human service zones, and the department's and

human service zones' contractors and contractors' subcontractors that may have

access to federal tax information received from the United States internal revenue

service through a computer match and stored in the department's eligibility system;

4. The department's and human service zones' contractors and contractors'

subcontractors job applicants and current employees of contractors and contractors'

subcontractors that may have access to social security administration information

received from the United States social security administration stored in the

department's eligibility system;

5. Providers licensed by the department under chapter 50-12, as well as for any

employees, volunteers, or students for field placement of those providers who have

direct contact with families, with children, or both;

6. Providers holding, applicants for, and emergency designees and staff members of

providers holding and applicants for early childhood services licensure,

self-declaration, or in-home provider registration under chapter 50-11.1. The

department also may require criminal history record checks for household members of

a residence out of which early childhood services within the provider's home are

provided;

7. Medicaid services applicant providers, Medicaid services providers, or an individual

with a five percent or more direct or indirect ownership interest in the applicant

provider or provider under chapter 50-24.1;

8. An operator of a facility licensed by the department under chapter 25-03.2, as well as

any individual employed by the facility, contracted service provider of the facility, and

nonemployee of the facility, having contact with any child cared for by the facility; and

9. Providers, applicants for, and employees of a shelter care program certified by the

department under chapter 50-06.