All personnel in licensed or registered facilities shall have good
health as evidenced by a report following a pre-employment physical examination
taken within six months prior to beginning employment. The examination shall
include communicable disease tests by a licensed physician as defined in section
135C.1 and shall be repeated every three years after initial employment. Controlled
medical conditions which would not affect the performance of the employee
in the capacity employed shall not prohibit employment.
a. If a person is being considered for licensure or registration
under this chapter, or for employment involving direct responsibility
for a child or with access to a child when the child is alone, by a child
day care facility subject to licensure or registration under this chapter,
or if a person will reside in a facility, and if the person has been convicted
of a crime or has a record of founded child abuse, the department and
the licensee or registrant for an employee of the licensee or registrant
shall perform an evaluation to determine whether the crime or founded
child abuse warrants prohibition of licensure, registration, employment,
or residence in the facility. The department shall conduct criminal and
child abuse record checks in this state and may conduct these checks in
other states. The evaluation shall be performed in accordance with procedures
adopted for this purpose by the department.
b. If the department determines that a person has committed a crime
or has a record of founded child abuse and is licensed, employed by a
licensee or registrant or registered under this chapter, or resides in-a
licensed or registered facility the department shall notify the licensee
or registrant that an evaluation will be conducted to determine whether
prohibition of the person's licensure, registration, employment, or residence
is warranted.
c. In an evaluation, the department and the licensee or registrant
for an employee of the licensee or registrant shall consider the nature
and seriousness of the crime or founded child abuse in relation to the
position sought or held, the time elapsed since the commission of the
crime or founded child abuse, the circumstances under which the crime
or founded child abuse was committed, the degree of rehabilitation, the
likelihood that the person will commit the crime or founded child abuse
again, and the number of crimes or founded child abuses committed by the
person involved. The department may permit a person who is evaluated to
be licensed, registered, employed, or to reside, or to continue to be
licensed, registered, employed, or to reside in a licensed facility, if
the person complies with the department's conditions relating to the person's
licensure, registration, employment, or residence, which may include completion
of additional training. For an employee of a licensee or registrant, these
conditional requirements shall be developed with the licensee or registrant.
The department has final authority in determining whether prohibition
of the person's licensure, registration, employment, or residence is warranted
and in developing any conditional requirements under this paragraph.
d. If the department determines that the person has committed a crime
or has a record of founded child abuse which warrants prohibition of licensure,
registration, employment, or residence, the person shall not be licensed
or registered under this chapter to operate a child day care facility
and shall not be employed by a licensee or registrant or reside in a facility
licensed or registered under this chapter.
In addition to the record checks required under subsection 2, the
department of human services may conduct dependent adult abuse record checks
in this state and may conduct these checks in other states, on a random basis.
The provisions of subsection 2, relative to an evaluation following a determination
that a person has been convicted of a crime or has a record of founded child
abuse, shall also apply to a random dependent adult abuse record check conducted
under this subsection.
On or after July 1, 1994, a licensee or registrant shall inform
all new applicants for employment of the possibility of the performance of
a record check and shall obtain, from the applicant, a signed acknowledgment
of the receipt of the information.
On or after July 1, 1994, a licensee or registrant shall include
the following inquiry in an application for employment: "Do you have
a record of founded child or dependent adult abuse or have you ever been convicted
of a crime, in this state or any other state?"
