41-1964

41-1964. Day care homes; child care personnel;
fingerprints; definition

A. Child care personnel shall have valid fingerprint clearance cards issued
pursuant to section 41-1758.07 or shall apply for a fingerprint clearance card no later
than seven working days from the date of certification by the department or within seven
working days after residing or working in the home of a child care home provider or being
designated as a backup provider.

B. Before certification or within seven working days after residing or working in
the home of a child care provider or being designated as a backup provider, child care
personnel shall certify on forms that are provided by the department and notarized
whether:

1. They are awaiting trial on or have been convicted of or admitted committing any
of the criminal offenses listed in section 41-1758.07, subsections B and C in this state
or similar offenses in another state or jurisdiction.

2. They are parents or guardians of a child adjudicated to be a dependent child as
defined in section 8-201.

3. They have been denied a license to operate a facility for the care of children
for cause in this state or another state or had a license or certificate to operate such
a facility revoked.

C. The department shall make documented, good faith efforts to contact previous
employers of certified day care home personnel to obtain information or recommendations
that may be relevant to an individual's fitness for work in a certified day care home.

D. The notarized forms are confidential.

E. The department of economic security shall notify the department of public safety
if the department of economic security receives credible evidence that any child care
personnel who possesses a valid fingerprint clearance card either:

1. Is arrested for or charged with an offense listed in section 41-1758.07,
subsection B or C.

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

F. For the purposes of this section, "child care personnel" means child care home
providers, in-home providers and noncertified relative providers as defined in section
46-801 and designated backup providers and all persons who are eighteen years of age or
older and who work or reside in the home of a child care home provider.