36-3008

36-3008. Shelters for victims of domestic
violence; personnel; fingerprinting

A. Employees and volunteers of a shelter for victims of domestic violence, as
defined in section 36-3001, shall have valid fingerprint clearance cards that are issued
pursuant to title 41, chapter 12, article 3.1 or shall apply for a fingerprint clearance
card within seven working days of employment or beginning volunteer work. Federally
recognized Indian tribes or military bases may submit and the department shall accept
certifications that state that employees of a shelter for victims of domestic violence
who are employed by a shelter and who provide services directly to victims of domestic
violence have not been convicted of, have not admitted committing or are not awaiting
trial on any offense under subsection B, paragraph 1 of this section.

B. Personnel shall certify on forms that are provided by the department and
notarized that:

1. They are not awaiting trial on and have never been convicted of or admitted
committing any of the criminal offenses listed in section 41-1758.03, subsections B and C
in this state or similar offenses in another state or jurisdiction.

2. They have not been denied a license to operate a shelter for cause in this state
or another state or had a license to operate a shelter revoked.

C. The notarized forms are confidential.

D. The shelter shall make good faith efforts to contact previous employers to
obtain information or recommendations that may be relevant to an individual's fitness to
work in the shelter.

E. The department of health services shall notify the department of public safety
if the department of health services receives credible evidence that a person who
possesses a fingerprint clearance card either:

1. Is arrested for or charged with an offense listed in section 41-1758.03,
subsection B.

2. Falsified information on the form required by subsection B of this section.