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Section .33
CRIMINAL RECORD CHECK

A. Each applicant for an original license or certificate for a family care home, or original license for a center, facility, or agency and any adult who resides in the licensed or certified facility must submit to the Colorado Bureau of Investigation (CBI) a complete set of fingerprints taken by a qualified law enforcement agency to obtain any criminal record held by the CBI. Payment of the fee for the criminal record check is the responsibility of the individual being checked or the home, center, facility, or agency.

B. In the case of resident camp programs and school-age child care facilities operating fewer than 90 consecutive days each calendar year, persons employed fewer than 90 days who are under 23 years of age are not required to be fingerprinted to obtain a criminal record check. This exemption does not include any person hired as the nurse or medical professional for the program or any person hired beyond the initial year of employment. Each person exempted from fingerprinting must sign a statement which affirmatively states that she/he has not been convicted of any charge of child abuse, unlawful sexual offense, or any felony, and which grants to the employer permission to obtain a copy of the employee's criminal record. No person is exempted from the search of the Central Registry required under 7.701.32, above.

C. At the time the annual declaration of compliance is submitted to the Department, a criminal record check is required only for adults living at the licensed facility who have not previously obtained one. Applicants, licensees, and persons who live in the licensed facility who have previously obtained a criminal record check are not required to obtain additional criminal record checks.

D. Each adult (18 or over) hired by a facility or agency must submit to CBI a complete set of fingerprints to obtain any criminal record held by the CBI. Payment of the fee for the criminal record check is the responsibility of the individual being checked or the facility or agency. The results of the criminal record check must be maintained at the home, center, facility, or agency and must be available for review upon request by a licensing specialist.

  1. An employee or volunteer who has obtained a criminal record check and moves to employment or volunteer service with another child care facility operated by a different governing body need not obtain a new criminal record check if the following procedures are used:

    a. the former employer sends a copy of the total criminal record to the new employer upon written request from the new employer; and

    b. the former employer retains in the employee's personnel file a copy of the criminal record along with the new employer's letter of request.

  2. Licensees must send a copy of an employee's or a resident's criminal record check to his/her new employer upon written request from that employer.

  3. Any adult volunteer, working as a staff member to meet the required staff-child ratio or staff qualifications, who works 14 days or more in a calendar year, must submit to CBI a complete set of fingerprints taken by a qualified law enforcement agency to obtain a criminal record check. The results of the criminal record check must be maintained at the facility or agency and must be available for inspection by a licensing specialist.

  4. Requests for a criminal record check must be submitted to the CBI within 5 days of the day that the individual begins to work at the facility or agency.

  5. Facilities and agencies that hire individuals who have been convicted of any felony, child abuse, or unlawful sexual behavior involving a child must inform the Department of that hiring within 15 days of receiving knowledge of the conviction.

E. Any individual who is obtaining a criminal record check and who has lived in Colorado for 24 or fewer months must request that the CBI obtain a criminal record check from the Federal Bureau of Investigation (FBI). Payment of the fee for the FBI check is the responsibility of the individual who is obtaining the check or the facility or agency.


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