194A.382 Prohibition of employment by youth camp or local government youth

771 words·~4 min read·/ky/194a-382

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

day camp receiving public funds of a staff member who has been convicted of

criminal offense against a minor or a sex crime, is a violent offender, or has

been found to have abused or neglected a child.

(1)A youth camp or camp or a local government youth day camp that receives public

funds shall not employ, contract, or utilize as a volunteer, in any position, any staff

member who has been convicted of or who has entered a plea of guilty to a criminal

offense against a minor or a sex crime, who is a violent offender, or who has been

found by the Cabinet for Health and Family Services or a court to have abused or

neglected a child.

(2)Prior to employing, contracting with, or allowing volunteer work, each youth camp

or camp or a local government youth day camp that receives public funds shall

obtain from the Justice and Public Safety Cabinet a national and state criminal

background check of the applicant, contractor, or volunteer who is or intends to

become a staff member prior to the individual's presence at the camp or

involvement in any program of the camp.

(3)Prior to employing, contracting with, or allowing volunteer work, each youth camp

or camp or a local government youth day camp that receives public funds shall

require an applicant to obtain a letter from the Cabinet for Health and Family

Services stating the individual is clear to hire based on no findings of substantiated

child abuse or neglect found through a background check of child abuse and neglect

records maintained by the Cabinet for Health and Family Services of the applicant,

contractor, or volunteer who intends to become a staff member prior to the

individual's presence at the camp or involvement in any program of the camp.

(4)Each application form provided by a youth camp or camp or a local government

youth day camp that receives public funds to an applicant or volunteer who intends

to become a staff member shall in a prominent place and legible font conspicuously

state the following: "STATE LAW REQUIRES A NATIONAL AND STATE

CRIMINAL BACKGROUND CHECK AND A LETTER FROM THE CABINET

FOR HEALTH AND FAMILY SERVICES STATING THE STAFF MEMBER IS

CLEAR TO HIRE BASED ON NO FINDINGS OF SUBSTANTIATED CHILD

ABUSE OR NEGLECT FOUND THROUGH A BACKGROUND CHECK OF

CHILD ABUSE AND NEGLECT RECORDS AS A CONDITION OF

EMPLOYMENT OR INVOLVEMENT IN THIS PROGRAM."

(5)Any request for records under this section shall be on a form approved by the

Justice and Public Safety Cabinet, 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.

(6)This section shall apply to all applicants and volunteers in a position which involves

supervisory or disciplinary power over a minor, who intend to become staff

members.

(7)This section shall not be construed to prohibit an exempted organization from

requiring its employees, contractors, or volunteers to submit to a background check.

A youth camp or camp or a local government youth day camp that does not receive

public funds may require its employees, contractor, or volunteers to submit to a

criminal background check and to have a letter, provided by the individual, from the

Cabinet for Health and Family Services stating the individual has no findings of

substantiated child abuse or neglect found through a background check of child

abuse and neglect records maintained by the Cabinet for Health and Family

Services.

(8)This section shall not be construed to require a youth camp or camp or a local

government youth day camp that receives public funds to employ, contract with, or

allow volunteering by, an individual solely on the basis of an acceptable criminal

background check.

(9)This section shall not limit the ability of a youth camp or camp or a local

government youth day camp that receives public funds to establish a more stringent

background check process for its employees, contractors, or volunteers regarding

other criminal offenses which, in the discretion of the youth camp or camp or a

local government youth day camp that receives public funds, would disqualify the

individual from involvement with the youth camp or camp or a local government

youth day camp.

(10)The form for requesting a letter, required by this section, stating a staff member is

clear to hire based on a background check of child abuse and neglect records

maintained by the Cabinet for Health and Family Services shall be made available

on the Cabinet for Health and Family Services Web site.