46-141

46-141. Criminal record information checks;
fingerprinting employees and applicants

A. Each license granted by the department of economic security and each
contract entered into between the department of economic security and any contract
provider for the provision of services to juveniles shall provide that, as a condition of
employment, personnel who are employed by the licensee or contractor, whether paid or
not, and who are required or allowed to provide services directly to juveniles shall have
a valid fingerprint clearance card issued pursuant to section 41-1758.07 or shall apply
for a fingerprint clearance card within seven working days of employment.

B. The licensee or contractor shall assume the costs of fingerprint checks and may
charge these costs to its fingerprinted personnel. The department may allow all or part
of the costs of fingerprint checks to be included as an allowable cost in a contract.

C. A service contract or license with any contract provider or licensee that
involves the employment of persons who have contact with juveniles shall provide that the
contract or license may be canceled or terminated immediately if a person certifies
pursuant to subsections F and G of this section that the person is awaiting trial on or
has been convicted of any of the offenses listed in subsections F and G of this section
in this state or similar offenses in another state or jurisdiction or if the person does
not possess or is denied issuance of a valid fingerprint clearance card.

D. A contract provider or licensee may avoid cancellation or termination of the
contract or license under subsection C of this section if a person who does not possess
or has been denied issuance of a valid fingerprint clearance card or who certifies
pursuant to subsections F and G of this section that the person has been convicted of or
is awaiting trial on any of the offenses listed in section 41-1758.07, subsection B is
immediately prohibited from employment or service with the contract provider or licensee
in any capacity requiring or allowing contact with juveniles.

E. A contract provider or licensee may avoid cancellation or termination of the
contract or license under subsection C of this section if a person who does not possess
or has been denied issuance of a valid fingerprint clearance card or who certifies
pursuant to subsections F and G of this section that the person has been convicted of or
is awaiting trial on any of the offenses listed in section 41-1758.07, subsection C
is immediately prohibited from employment or service with the contract provider or
licensee in any capacity requiring contact with juveniles unless the person is granted a
good cause exception pursuant to section 41-619.55.

F. Personnel who are employed by any contract provider or licensee, whether paid or
not, and who are required or allowed to provide services directly to juveniles shall
certify on forms provided by the department of economic security and notarized whether
they are awaiting trial on or have ever been convicted of 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.

G. Personnel who are employed by any contract provider or licensee, whether paid or
not, and who are required or allowed to provide services directly to juveniles shall
certify on forms provided by the department of economic security and notarized whether
they have ever committed any act of sexual abuse of a child, including sexual
exploitation and commercial sexual exploitation, or any act of child abuse.

H. Federally recognized Indian tribes or military bases may submit and the
department of economic security shall accept certifications that state that personnel who
are employed or who will be employed during the contract term have not been convicted of,
have not admitted committing or are not awaiting trial on any offense under subsection F
of this section.

I. A person who applies to the department of economic security for a license or
certificate or for paid or unpaid employment, including contract services, and who will
provide direct services to juveniles or vulnerable adults shall submit a full set of
fingerprints to the department for the purpose of obtaining a state and federal criminal
records check pursuant to section 41-1750 and Public Law 92-544. The department of public
safety may exchange this fingerprint data with the federal bureau of investigation. This
subsection does not apply to those persons who are subject to section 8-105, 8-509, 8-802
or 41-1968.

J. The special services unit of the department of economic security may use the
department of public safety automated system to update all criminal history record
information in order to ensure, to the maximum extent reasonably possible, complete
disposition information. The department of economic security may deny employment or
issuance or renewal of the contract or license applied for in these cases if it
determines that the criminal history record information indicates that such employee,
applicant or contractor is not qualified or suitable.

K. Volunteers who provide services to juveniles under the direct visual supervision
of the contractor's or licensee's employees are exempt from the fingerprinting
requirements of this section.

L. The department of economic security shall notify the department of public safety
if the department of economic security receives credible evidence that a person who
possesses a valid fingerprint clearance card pursuant to subsection A of this section
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 F of this section.