| (a) Before hiring an applicant for a position, you
must complete the applicant's reference checks by:
(1) Obtaining from the applicant the name and contact
information of at least two individuals unrelated to the applicant
who can serve as references by answering questions related to the
applicant's suitability to work with or around children; and
(2) Contacting each of the two required references
to verify that the applicant is suitable to work with or around children.
You may contact the reference through an interview or in writing.
(b) For an applicant who is currently or was previously
employed in a position responsible for providing care or services
to children within the past five years, at least one of the reference
checks required in subsection (a) of this section must be a current
or prior employer who has supervised or is otherwise familiar with
the history and performance of the applicant in that capacity.
(c) For any reference check you are unsuccessful in
completing as required by subsection (a) or (b) of this section, you
must document:
(1) Any refusal by the reference to provide the information;
or
(2) Your diligent efforts to contact the reference,
which must include more than one attempt to contact a reference who
is not permanently unreachable. If the reference is permanently unreachable,
your documentation must include the reason why you made that determination.
Examples of a reference being unreachable include:
(A) The reference is out of business and there is no
alternative contact information to obtain information from the employer;
or
(B) The reference is deceased; and
(3) Your assessment of the applicant's suitability
to work with or around children.
(d) For each person you hire, you must maintain in
the employee's personnel file:
(1) Documentation of each reference check that includes:
(A) The reference's name;
(B) The relation of the reference to the applicant;
(C) The reference's contact information;
(D) The date you completed the check;
(E) Information you obtained from the check, documented
as:
(i) A summary of the interview; or
(ii) A copy of the written information provided by
the reference; and
(F) If you conducted the check through an interview,
the name of the person who interviewed the reference; and
(2) If you were unsuccessful in completing a reference
check, documentation required by subsection (c) of this section.
(e) This rule applies only to applicants who seek employment
with your operation on or after August 9, 2023.
|
