17.165 Definitions -- Criminal record check for job applicants at child-care

481 words·~2 min read·/ky/17-165

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

centers -- Restrictions on employing violent offenders or persons

convicted of sex crimes -- Conviction information for applicant seeking

employment as child-serving professional.

(1)As used in this section, "sex crime" means a conviction or a plea of guilty to a

sex crime specified in KRS 17.500.

(2)As used in this section, "violent offender" means any person who has been

convicted of or pled guilty to the commission of a capital offense, Class A

felony, or Class B felony involving the death of the victim, or rape in the first

degree or sodomy in the first degree of the victim or serious physical injury to a

victim.

(3)As used in this section, "violent crime" shall mean a conviction of or a plea of

guilty to the commission of a capital offense, Class A felony, or Class B felony

involving the death of the victim, or rape in the first degree or sodomy in the

first degree of the victim or serious physical injury to a victim.

(4)As used in this section, "criminal offense against a victim who is a minor"

means a conviction of or a plea of guilty to a criminal offense against a victim

who is a minor as specified in KRS 17.500(3).

(a)Excluding a child care staff member pursuant to KRS 199.8965, the

provisions of this section shall apply to all applicants for initial

employment in a position which involves care and supervision of a minor

as a child-serving professional on or after March 27, 2017.

(b)Each employer of an applicant for initial employment in a position which

involves care and supervision of a minor as a child-serving professional

shall request all conviction information for the applicant for employment

from the Justice and Public Safety Cabinet or the Administrative Office of

the Courts prior to employing the applicant.

(c)This subsection shall not be construed to apply to an employer of a

minor.

(6)No employee in a position which involves care and supervision of a minor as a

child-serving professional pursuant to subsection

(5)of this section shall have

been convicted of a violent crime, a criminal offense against a victim who is a

minor, or a sex crime, or have been found by the Cabinet for Health and Family

Services or a court to have abused or neglected a child.

(7)Each application form, provided by the employer to the applicant, shall

conspicuously state the following: "FOR THIS TYPE OF EMPLOYMENT,

STATE LAW REQUIRES A CRIMINAL RECORD CHECK AS A CONDITION

OF EMPLOYMENT."

(8)Any request for records under subsection

(5)of this section shall be on a form

approved by the Justice and Public Safety Cabinet or the Administrative Office

of the Courts, and the cabinet may charge a fee to be paid by the applicant in

an amount no greater than the actual cost of processing the request.