§352D-4.3  Criminal history record checks.  (a) Employees, prospective employees, and volunteers of contracted providers orsubcontractors in positions that place them in close proximity to youth whenproviding services on behalf of the office shall be required to agree tocriminal history record checks conducted by the office or its designee inaccordance with section 846-2.7.  The office shall develop procedures forobtaining verifiable information regarding the criminal history records ofindividuals seeking to serve as employees or volunteers of contracted providersor subcontractors in positions that place them in close proximity to youth whenproviding services on behalf of the office.

(b)  Except as otherwise specified, anyindividual who is employed, seeks employment, or volunteers with a contractedprovider or subcontractor in a position that necessitates close proximity toyouth when providing services on behalf of the office shall:

(1)  Submit to the office a sworn statement indicatingwhether the individual has ever been convicted of an offense for whichincarceration is a sentencing option;

(2)  Be subject to criminal history record checksthrough the Hawaii criminal justice data center in accordance with section846-2.7.  An annual name inquiry shall be conducted in the state criminalhistory record files; and

(3)  Provide to the office written consent for theoffice or its designee to obtain criminal history record information forverification.

Information obtained pursuant to this section shallbe used exclusively by the office for purposes of determining whether a personis suitable for working or volunteering in a position that necessitates closeproximity to youth when providing contracted services on behalf of the office,or in conjunction with services provided for youth at the Hawaii youthcorrectional facility, while in custody, on furlough, or on parole.  All suchdecisions shall be subject to any applicable federal laws and regulations.

(c)  The office may require the contractedprovider or subcontractor to refuse employment to an applicant for employment,terminate the employment of an employee, or terminate the services of avolunteer if:

(1)  The employee, prospective employee, or volunteerof the contracted provider or subcontractor has been convicted of an offensefor which incarceration is a sentencing option; and

(2)  The office finds that the criminal history recordof the employee, prospective employee, or volunteer of the contracted provideror subcontractor indicates that the employee, prospective employee, orvolunteer may pose a risk to the health, safety, or well-being of youthreceiving direct services by that employee, prospective employee, or volunteer.

(d)  For the purposes of this section:

"Prospective employee" means anyapplicant for a position with a contracted provider or subcontractor thatprovides direct services to youth on behalf of the office.

"Provider" means any organizationthat or individual who enters into, or intends to enter into, a contract withor is currently contracted by the office to provide direct services to youth. The term includes all individuals who are authorized to provide direct servicesto youth under the contract with the organization or individual.

"Subcontractor" means any organizationthat or individual who enters into, or intends to enter into, a contract oragreement with a contracted provider to provide direct services to youth.  Theterm includes all persons who may provide direct services to youth under thecontract with the organization or individual.

"Volunteer" means any individual whoprovides, or intends to provide, direct services to youth on a non-compensatorybasis.

(e)  Notwithstanding any other law to thecontrary, the office shall be exempt from section 831-3.1 for purposes of thissection and need not conduct its investigations, notifications, or hearings inaccordance with chapter 91. [L 2006, c 131, §1; am L 2008, c 136, §6]