§346-154 Background checks. (a) The department shall develop standards to ensure the reputable and responsible character of an applicant to operate a child care facility, prospective employees of the applicant, household members, and new employees or household members of the provider after registration or licensure, which shall include criminal history record checks in accordance with section 846-2.7, sex offender registry checks, child abuse record checks, and adult abuse perpetrator checks.
For the purposes of this section, "adult abuse perpetrator check" means a search to determine whether an individual is known to the department as a perpetrator of abuse as defined in section 346-222, by means of a search of the individual's name and birth date in the department's adult protective services file.
(b) An applicant to operate a child care facility shall:
(c) A provider shall:
(d) The department or its designee shall obtain information on the applicant, any household member, and any prospective employee of the applicant, including any household member or new employee retained after the applicant is issued a registration or license under this part, from the following sources:
(e) The department may deny an application for or revoke a license or registration to operate a child care facility if:
(f) The department may request the provider to terminate the employment or residency of a new employee or household member or may suspend or revoke the license or registration of the provider who employs a new employee or who allows continued residency of a household member if:
(g) The department shall deny an application for a license or registration, shall request the provider to terminate the employment or residency of a new employee or household member, or shall suspend or revoke the license or registration of the provider who employs a new employee or who allows continued residency of a household member if the applicant, employee, or household member:
(h) The department or its designee, in obtaining and relying upon the background check information, is presumed to be acting in good faith and shall be immune from civil liability for taking or recommending action based upon the background check information. The presumption of good faith may be rebutted upon a showing of proof by a preponderance of the evidence that the department or its designee relied upon information or opinion that it knew was false or misleading or that such reliance was not reasonable. [L 1985, c 208, pt of §2; am L 1986, c 297, §3; am L 2001, c 201, §4; am L 2003, c 95, §9(6); am L 2008, c 136, §4; am L 2012, c 41, §2; am L 2016, c 88, §4]