Criminal History Checks
(1)A grantee must obtain a criminal history record check on each potential employee or volunteer who will work with victims of domestic violence.
(2)A grantee must develop a written policy or procedure that governs the review of the criminal history record of potential employees and volunteers and the determination of whether a potential employee or volunteer, if there is a criminal history, poses a risk to working safely with victims of domestic violence. The policy or procedure must provide that the review include an examination of:
(a)The severity and nature of crime that appears in the criminal history;
(b)The number of criminal offenses;
(c)The time elapsed since commission of each crime;
(d)The circumstances surrounding each crime;
(e)The subject individual’s participation in counseling, therapy, education, or employment evidencing rehabilitation or a change in behavior, and
(f)The police or arrest report and whether that report confirms the employee’s or volunteer’s explanation of the crime.
(3)If the grantee determines that the potential employee or volunteer does not pose a risk to working safely with victims of domestic violence and chooses to hire the employee or volunteer, the grantee must explain in writing the reasons for hiring the individual. The written explanation must address how the potential employee or volunteer is presently suitable or able to work with victims of domestic violence in a safe and trustworthy manner, based on the policy or procedure described in section (2) of this rule. The grantee must place the written explanation in the personnel file of the employee or volunteer along with the employee’s or volunteer’s criminal history record.
Rule 413-050-0535 — Criminal History Checks,