Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 05 - Developmental Disabilities Services › Rule 016.05.17-008 - Policy # 1087 Criminal Records Check

Current through Register Vol. 49, No. 6, June, 2024
1.
Purpose
The purpose of this policy is to delineate the requirements,
				allowances, exclusions, and general implementation of criminal record checks,
				in accordance with Ark. Code Ann. §
									20-38-101
et seq.
and Ark. Code Ann. §
									20-48-812
				(collectively, the "Law").
2.
Scope
This policy is applicable to all providers licensed and
				certified by DHS, excluding facilities licensed by the Office of Long Term Care
				to provide services for persons with developmental disabilities, any owner of a
				Provider, all employees of Providers, and all applicants for employment with
				Providers. This policy does not cover any required adult or child maltreatment
				registry checks.
3.
Definitions
"
Alternative Living Home
" means a
				residential dwelling owned or operated by an Employee used to provide Direct
				Care to an Individual with Disabilities.
"
Bureau
" means the Identification
				Bureau of the Department of the Arkansas State Police.
"
DDS
" means the Arkansas Department of
				Human Services, Division of Developmental Disabilities Services.
"
DHS
" means the Department of Human
				Services.
"
Determination
" means a written
				conclusion made by the appropriate division of DHS that a person is or is not
				qualified for employment, licensure, or certification based on the results of
				an Arkansas State Criminal Record Check or a National Criminal Record
				Check.
"
Direct Care
" means providing
				treatment, services, assistance, education, training, instruction, or
				supervision to an Individual with Disabilities, or having access to the
				finances or personal property of an Individual with Disabilities.
"
Employee
" means a person who:
1. Is employed by a Provider to deliver
			 Direct Care to an Individual with Disabilities; or
2. Provides Direct Care to an Individual with
			 Disabilities on behalf or under the supervision of, or by arrangement with, a
			 Provider (i.e., volunteers, interns, independent contractors, etc.).
An employee does not include a person who is a family member of
				an Individual with Disabilities, unless the family member is paid by the
				Provider to provide Direct Care to the Individual.
"
Group Home
" means a residential
				dwelling that has been continuously owned or operated by a Provider since prior
				to July 1,1995, and has space to provide private sleeping areas for more than
				four (4), but no more than fourteen (14), unrelated Individuals with
				Disabilities.
"
Individual with Disabilities
" means
				an individual receiving DDS services through a Provider.
"
National Criminal Record Check
" means
				a review of national criminal records based on fingerprinting or other
				identification methods.
"
Provider
" includes all of the
				following:
1. A certified Community and
			 Employment Supports (CES) Waiver program service provider;
2. A certified First Connections (Part C of
			 IDEA) program service provider;
3.
			 Any certified adult day program service provider;
4. Any program certified as one of the
			 following: Children's Health Management Services (CHMS), Developmental Day
			 Treatment Clinic Services (DDTCS), or any successor program to CHMS or DDTCS;
			 and
5. Any other person or entity
			 licensed or certified by DDS or DHS, other than facilities licensed by the
			 Office of Long Term Care, to provide DDS services, including, but not limited
			 to, applied behavior analysts, First Connections service coordinators, and
			 First Connections developmental therapists, occupational therapists, physical
			 therapists, and speech language pathologists.
"
State Criminal Record Check
" means a
				review of state criminal records conducted by the Bureau.
"
Supported Living Arrangement
" means a
				residential dwelling owned or operated by a Provider which has space to provide
				private sleeping areas for no more than four (4) Individuals with
				Disabilities.