Report Title:

Criminal History Record Checks

Description:

Authorizes the Office of Youth Services to obtain criminal history and child abuse record information on employees, prospective employees, and volunteers of its providers and subcontractors in positions that necessitates close proximity to youth. (SD1)

THE SENATE

S.B. NO.

2923

TWENTY-SECOND LEGISLATURE, 2004

S.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO CRIMINAL HISTORY RECORD CHECKS FOR SERVICE PROVIDERS OF THE OFFICE OF YOUTH SERVICES.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 352D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"352D-   Criminal history and child abuse record checks. (a) Employees, prospective employees, and volunteers who seek employment with providers or subcontractors in positions that place them in close proximity to youth when providing services on behalf of the office of youth services shall be required to agree to criminal history record checks and child abuse record checks. The office of youth services shall develop procedures for obtaining verifiable information regarding the criminal history and child abuse records of persons seeking to serve as employees or volunteers of providers or subcontractors in positions that place them in close proximity to youth when providing services on behalf of the office of youth services.

(b) Except as otherwise specified, any person who is employed, seeks employment, or volunteers with a provider or subcontractor in a position that necessitates close proximity to youth when providing services on behalf of the office of youth services shall:

(1) Submit to the office of youth services a sworn statement indicating whether the person has ever been convicted of an offense for which incarceration is a sentencing option and the details thereof, or ever been confirmed to have abused or neglected a child, including threatened harm;

(2) Be subject to criminal history record checks through the Hawaii criminal justice data center in accordance with section 846-2.7. An annual name inquiry shall be conducted into the state criminal history record files;

(3) Be subject to child abuse record checks through the department of human services;

(4) Provide information to the office of youth services of any other similar background checks so as to avoid duplicative efforts of other public agencies; and

(5) Provide to the office of youth services written consent to conduct child abuse record checks and to obtain criminal history and child abuse record information for verification.

Information obtained pursuant to this section shall be used exclusively by the office of youth services for purposes of determining whether a person is suitable for working in a position that necessitates close proximity to youth when providing services on behalf of the office of youth services. All such decisions shall be subject to any applicable federal laws and regulations.

(c) The office of youth services may require the provider or subcontractor to refuse employment to an applicant for employment, terminate the employment of an employee, or terminate the services of a volunteer if:

(1) The employee, prospective employee, or volunteer has been convicted of an offense for which incarceration is a sentencing option, or ever been confirmed to have abused or neglected a child, including threatened harm; and

(2) The office of youth services finds that the criminal history or child abuse record of the employee, prospective employee, or volunteer indicates that the employee, prospective employee, or volunteer may pose a risk to the health, safety, or well-being of youth receiving direct services.

(d) For purposes of this section:

"Prospective employee" means any applicant for a position with a provider or subcontractor that provides direct services to youth on behalf of the office of youth services;

"Provider" means any organization or individual that enters into, or intends to enter into, a contract with or is currently contracted by the office of youth services to provide direct services to youth. The term includes all persons who may provide direct services to youth under the contract with the organization or individual.

"Subcontractor" means any organization or individual that enters into, or intends to enter into, a contract or agreement with a provider to provide direct services to youth. The term includes all persons who may provide direct services to youth under the contract with the organization or individual.

"Volunteer" means any organization or individual that provides, or intends to provide, direct services to youth on a non-compensatory basis.

(e) Notwithstanding any other law to the contrary, the office of youth services shall be exempt from section 831-3.1 for purposes of this section and need not conduct its investigations, notifications, or hearings in accordance with chapter 91."

SECTION 2. Section 846-2.7, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Criminal history record checks may be conducted by:

(1) The department of health on operators of adult foster homes or developmental disabilities domiciliary homes and their employees, as provided by section 333F-22;

(2) The department of health on prospective employees, persons seeking to serve as providers, or subcontractors in positions that place them in direct contact with clients when providing non-witnessed direct mental health services on behalf of the child and adolescent mental health division, as provided by section 321-171.5;

(3) The department of education on employees, prospective employees, and teacher trainees in any public school in positions that necessitate close proximity to children as provided by [[]section[]] 302A-601.5;

(4) The counties on employees and prospective employees who may be in positions that place them in close proximity to children in recreation or child care programs and services;

(5) The county liquor commissions on applicants for liquor licenses as provided by section 281-53.5;

(6) The department of human services on operators and employees of child caring institutions, child placing organizations, and foster boarding homes as provided by section 346-17;

(7) The department of human services on prospective adoptive parents as established under [[]section 346-19.7[]];

(8) The department of human services on applicants to operate child care facilities, prospective employees of the applicant, and new employees of the provider after registration or licensure as provided by section [[]346-154[]];

(9) The department of human services on persons exempt pursuant to section 346-152 to be eligible to provide child care and receive child care subsidies as provided by section [[]346-152.5[]];

(10) The department of human services on operators and employees of home and community-based case management agencies and operators and other adults, except for adults in care, residing in foster family homes as provided by section 346-E;

(11) The department of human services on staff members of the Hawaii youth correctional facility as provided by section 352-5.5;

(12) The department of human services on employees, prospective employees, and volunteers of providers and subcontractors in positions that place them in close proximity to youth when providing services on behalf of the office of youth services as provided by section 352D-  ;

[(12)] (13) The judiciary on employees and applicants at detention and shelter facilities as provided by section 571-34;

[(13)] (14) The department of public safety on employees and prospective employees who are directly involved with the treatment and care of persons committed to a correctional facility or who possess police powers including the power of arrest as provided by section 353C-5;

[(14)] (15) The department of commerce and consumer affairs on applicants for private detective or private guard licensure as provided by section 463-9;

[(15)] (16) Private schools and designated organizations on employees and prospective employees who may be in positions that necessitate close proximity to children; provided that private schools and designated organizations receive only indications of the states from which the national criminal history record information was provided as provided by section 302C-1;

[(16)] (17) The public library system on employees and prospective employees whose positions place them in close proximity to children as provided by section 302A-601.5;

[(17)] (18) The State or any of its branches, political subdivisions, or agencies on applicants and employees holding a position that has the same type of contact with children, dependent adults, or persons committed to a correctional facility as other public employees who hold positions that are authorized by law to require criminal history record checks as a condition of employment as provided by section 78-2.7; and

[(18)] (19) Any other organization, entity, or the State, its branches, political subdivisions, or agencies as may be authorized by state law."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval provided that section 1 of this Act shall take effect on July 1, 2005.