Section 5-A132. SUITABILITY FOR EMPLOYMENT

 

132.1 A Licensee shall maintain a qualified workforce comprised of individuals who are committed to promoting and ensuring the health, safety, and welfare of the children in their care.

 

132.2 The suitability of a current or prospective staff member of a Licensee shall be assessed through completion of:

 

(a) Criminal background check that includes:

 

(1) A Federal Bureau of Investigation fingerprint check using Next Generation Identification;

 

(2) A search of the National Crime Information Center's National Sex Offender Registry; and

 

(3) A search of the following registries, repositories, or databases in the State (which, for the purpose of this section, includes the District of Columbia) where the child care staff member resides and each State where such staff member resided during the preceding five years:

 

(A) State criminal registry or repository, with the use of fingerprints being required in the State where the staff member resides, and optional in other States;

 

(B) State sex offender registry or repository; and

 

(C) State-based child abuse and neglect registry and database;

 

(b) A drug and alcohol testing program consistent with this chapter and Section 2032(a) of CYSHA (D.C. Law 15-353; D.C. Official Code § 1-620.32(a)); and

 

(c) Traffic records check through the District of Columbia Department of Motor Vehicles, if a current or prospective staff member will also be required to drive a motor vehicle to transport children in the course of performing his or her duties.

 

132.3 Compliance with other District and federal rules specifically applicable to employees of a child development facility.

 

132.4 An applicant for employment or a volunteer position with any covered child or youth services provider who intentionally provides false or misleading information that is material to the application in the course of applying for the position, or who intentionally provides false or misleading information that is material to his or her continued employment or service, shall be subject to prosecution pursuant to the District of Columbia Theft and White Collar Crimes Act of 1982, effective December 1, 1982 (D.C. Law 4-164; D.C. Official Code § 22-2405).

 

 

authority

Sections 3(b)(6A), 3(b)(9), 3(b)(9A), 3(b)(11) of the State Education Office Establishment Act of 2000, effective October 21, 2000 (D.C. Law 13-176; D.C. Official Code §§ 38-2602(b)(6A), (b)(9), (b)(9A), and (b)(11)) (2012 Repl. & 2016 Supp.)); the Day Care Policy Act of 1979, effective September 19, 1979 (D.C. Law 3-16; D.C. Official Code §§ 4-401 et seq. (2012 Repl. & 2016 Supp.)) (“Day Care Act”); Mayor’s Order 2009-3, dated January 15, 2009; the Child Development Facilities Regulation Act of 1998, effective April 13, 1999 (D.C. Law 12-215; D.C. Official Code §§ 7-2031 et seq. (2012 Repl.)) (“Facilities Act”); Mayor’s Order 2009-130, dated July 16, 2009; Sections 503 and 504 of the Early Intervention Program Establishment Act of 2004, effective April 13, 2005 (D.C. Law 15-353; D.C. Official Code §§ 7-863.03 and 7-863.04 (2012 Repl.)); Mayor’s Order 2009-167, dated September 28, 2009; Titles I and II of the Child and Youth, Safety and Health Omnibus Amendment Act of 2004 (“CYSHA”), effective April 13, 2005 (D.C. Law 15-353; D.C. Official Code §§ 1-620.31 et seq. and §§ 4-1501.01 et seq. (2012 Repl. & 2016 Supp.)); and the Healthy Tots Act of 2014, effective February 26, 2015 (D.C. Law 20-155; D.C. Official Code §§ 38-281 et seq. (2016 Supp.)); and pursuant to the Social Security Act, approved February 22, 2012 (Pub.L. 112-96; 42 U.S.C. § 618(c)); the Child Care and Development Block Grant Act of 2014 (“CCDBG Act”), approved November 19, 2014 (Pub.L. 113-186; 42 U.S.C. §§ 9858 et seq.), and regulations promulgated thereunder at 45 C.F.R. Parts 98 and 99.

source

Final Rulemaking at 63 DCR 14640 (December 2, 2016).