Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 05 - Developmental Disabilities Services › Rule 016.05.14-001 - Standards For Conducting Criminal Record Checks For Employees of Developmental Disabilities Service Providers

Current through Register Vol. 49, No. 6, June, 2024
AUTHORITY
The following rules and regulations for the requirement of
				criminal record checks for applicants and employees of service providers of
				developmental disabilities services in the State of Arkansas are duly adopted
				and promulgated by the Arkansas Department of Human Services, Division of
				Developmental Disabilities Services (DDS), pursuant to the authority expressly
				conferred by Arkansas Code Ann. §
								20-38-101
				et seq. (Act 1548 of 2001, Act 762 of 2009, and Act 516 of 2011, and Act 990 of
				2013).
Effective September 1, 2009, pursuant to Act 762 of 2009,
				Arkansas Code Title 20 was amended to add Chapter 38 which consolidated
				processes for conducting criminal record checks for diverse service providers
				within three Divisions of the Arkansas Department of Human Services.
				Thereafter, the authority expressed within these regulations are conferred by
				Arkansas Code Ann. §
								20-38-101
				et seq. in addition to other authority conferred on the Division of
				Developmental Disabilities Services by Arkansas law or federal
				regulation.
If any provisions of these rules and regulations, or the
				application thereof to any person or circumstances are held invalid, such
				invalidity shall not affect other provisions or applications which can be given
				effect without the invalid provision or application, and to this end the
				provisions hereof are declared severable.
Individuals and service providers are immune from suit or
				liability for damages for acts or omissions, other than malicious acts or
				omissions, occurring in the performance of duties imposed by ACA §
								20-38-101
				et seq.
"The Arkansas Department of Human Services is in compliance
				with Titles VI and VII of the Civil Rights Act and operates, manages and
				delivers services without regard to age, religion, disability, political
				affiliation, veteran status, sex, race, color or natural origin."
If you need this material in a different format, such as large
				print, contact our Americans with Disabilities Act Coordinator at (501)
				682-8677 (voice) or 682-1332 (TDD).
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DEFINITIONS
The following definitions shall apply unless clearly stated
				otherwise:
Acknowledgement
- Written notice from
				the Division of Developmental Disabilities Services acknowledging that a
				Service Provider:
1. Has determined at
			 its discretion that a person disqualified from employment by DDS due to a
			 criminal record meets the criteria for a waiver, and
2. Intends to offer the person employment or
			 to continue the person's employment with the Service Provider.
Bureau
- The Identification Bureau of
				the Department of the Arkansas State Police
Care
- The treatment, services,
				assistance, education, training, instruction or supervision of individuals with
				disabilities for which the service provider is compensated either directly or
				indirectly.
Conviction
- A conviction or plea of
				guilty or nolo contendere, whether or not the record of the offense is
				expunged, pardoned, or otherwise sealed,
Determination
- The determination made
				by the licensing or certifying agency that a person making application to be
				licensed or certified as a service provider, an employee of a service provider,
				or an applicant for employment with a service provider is or is not
				disqualified from employment, licensure, or certification based on the criminal
				history of the employee or applicant.
Employee
-
1. A person who:
(i)
(a) Is
			 employed by a service provider to provide care to individuals with disabilities
			 served by the service provider; or
(b) Provides care to individuals with
			 disabilities served by a service provider on behalf of, under supervision of,
			 or by arrangement with the service provider; or
(c) Submits an application to a service
			 provider for the purposes of employment; or
(d) Is a temporary employee placed by an
			 employment agency with a service provider to provide care to individuals with
			 disabilities served by the service provider
(e) Submits an application to the Licensing
			 or Certification Agency for the purpose of being licensed or certified as a
			 service provider; or
(f) Resides in
			 an alternative living home in which services are provided to individuals with
			 developmental disabilities; and
(ii) Has or may have unsupervised access to
			 individuals with disabilities served by a service provider, except as provided
			 in subsection 2 below.
2. Employee does not include a person who:
(i) Is a family member of an individual with
			 a disability served by a service provider, unless the family member is paid by
			 the service provider to provide care to the individual;
(ii) Is a volunteer for the service provider
			 without unsupervised access to individuals with disabilities; or
(iii) Works in an administrative capacity for
			 the service provider and does not and will not have unsupervised access to
			 individuals with disabilities served by a service provider or access to the
			 property or funds of those individuals.
Group home -
A residential dwelling
				that is owned and operated by a provider licensed or certified by the Division
				of Developmental Disabilities which was recognized by DDS prior to July 1, 1995
				and which has space to provide private sleeping areas for more than four but no
				more than fourteen unrelated individuals who have a developmental
				disability.
Individual with Disabilities
- A
				person with an intellectual, developmental, or physical impairment who has
				deficits in these areas of need: self-care, understanding and use of language,
				learning, mobility, self-direction, and capacity for independent living.
Licensing or Certification Agency
-
				The state agency (Department of Human Services, Division of Developmental
				Disabilities Services) charged with licensing or certifying a service
				provider.
National Criminal History Check
- A
				review of national criminal records based on fingerprint identification or
				other positive identification methods.
Report
- A statement of the criminal
				history of a service provider, applicant, applicant for employment with, or
				employee of a service provider issued by the Bureau.
Registry Records Check
- The review
				of one or more database systems maintained by a state agency that contains
				information regarding a finding of abuse, neglect, or exploitation of a child
				or adult.
Service Provider
-
(A) An Alternative Community Services (ACS)
			 Waiver Program service provider certified by the Department of Human Services,
			 Division of Developmental Disabilities Services.
(B) A First Connections Part C Early
			 Intervention Program service provider certified by the Department of Human
			 Services, Division of Developmental Disabilities Services;
(C) A nonprofit community program licensed by
			 the Department of Human Services, Division of Developmental Disabilities
			 Services to provide Developmental Day Treatment Clinic Services (DDTCS);
			 and
(D) Any other person or entity
			 licensed or certified by the Department of Human Services, Division of
			 Developmental Disabilities Services to provide services, including but not
			 limited to applied behavior analysts; First Connections service coordinators;
			 First Connections developmental therapists, and occupational, physical, or
			 speech language pathologists certified to provide First Connections
			 services;