IM-49 03/20/00 CRIMINAL BACKGROUND SCREENING
|CRIMINAL BACKGROUND SCREENING FOR REGISTERED HOME CHILD CARE PROVIDERS|
|House Bill 490 required all registered
home child care providers and their household members age 18 or older to
complete a series of background screenings, including a criminal record
check. Processing the initial screenings for providers that were
already registered has been completed. The procedure has become less
lengthy. Issues have arisen that have resulted in the delay of these
screenings as well as what the county offices are to do with the information
once received. The following information should clarify any questions
staff have and result in a shorter time frame for the results of the criminal
record screening process.
Request for Child Abuse or Neglect/Criminal Record (SHP-159)
County offices are to contact the Background Screening and Investigation Unit (BSIU) at (573)751-2330 when additional SHP-159's are needed. These forms are not available through the warehouse.
Before sending the SHP-159 to a provider or household member, the county office name and return address must be placed in the "return address" section at the bottom of the form. Providers have been placing their address in this area, and often county offices have not completed this area making it difficult to return the completed screening to the appropriate county office.
When the county office has received the SHP-159 from the provider or household member, check the form to be sure it is completed properly. Missing or incorrect information delays the screening process.
Before forwarding the SHP-159 to BSIU, photocopy the form. This enables the county office to track missing forms and will save time in the event a form has been lost.
Send all completed SHP-159's to BSIU; do not send them to the Highway Patrol.
If the individual completing the SHP-159 has a criminal record, a Criminal History Record (SHP-343) is attached to the SHP-159. If a crime has been determined to disqualify the individual, whether they be the person requesting to be the child care provider or a household member, that crime will be highlighted on the SHP-343. A cover sheet is also attached to the SHP-159 and SHP-343 stating the person is disqualified. A sample of the cover sheet is attached to this memorandum.
For those individuals who have a criminal record which does not disqualify them, the SHP-343 will be attached to the SHP-159 with no crime highlighted. The cover sheet will state that the person is eligible to be a registered home provider or household member.
Many individuals who had Child Abuse/Neglect (CA/N) "hits" also have a criminal history. Since the CA/N hits are faxed immediately to the county offices, a copy of the SHP-159 with the criminal history may follow in mail. Both the CA/N hit and criminal record should be placed in the provider's record for future reference.
Household Member is Disqualified
When the person requesting to be a child care provider is found to be clear through the background screening, but a household member is disqualified, the provider may not be registered or must be closed.
If the child care provider contacts the county office and states the disqualified household member no longer lives in the home, the child care provider must prove the household member has moved. This can be done by any means acceptable to the county office for verifying residence. If the county has information the individual has not moved out of the home, the child care provider is disqualified.
The child care provider may elect to provide child care in the child's home if a household member in the provider's home causes disqualification. A new Child Care Provider Registration/Direct Payment Information form (IM-91) must be completed and a discussion with the parent/guardian of the child should take place.
Disclosure of Criminal History Record
When the county office receives a SHP-159 with a Criminal History Record (SHP-343) attached, the parent must be notified of the disqualification of the individual. The parent/guardian may be told that the disqualification is due to a criminal history record. No other information may be revealed by the Division of Family Services. The parent/guardian will need to contact the provider if further information is requested.
An individual who has been disqualified to be a registered child care provider may request a hearing to appeal the decision. If a household member has a criminal history that results in the child care provider's disqualification or closing, only the child care provider may request the hearing. The administrative hearing process is the only method of review a provider has for a criminal record match.
Under no circumstances should a child care provider be assigned a vendor number if they are ineligible to be a registered home child care provider. The provider's social security number should be used on the hearing request if they do not have a vendor number. Vendor numbers are not to be assigned in order to show a disqualification in the registration system.
When denying a provider or closing a provider registration, RSMo Chapter 210.025 is to be cited when referencing the law. A copy of House Bill 490 is available on the internet.
Some SHP-159's have been misdirected due to the volume initially received. If your county has not received an SHP-159 that was submitted prior to February 1, 2000, contact the Income Maintenance Child Care Unit at (573)751-9488. In addition, a copy of the missing SHP-159's must be faxed to the Child Care Program and Policy Unit at (573)526-4837. Do not contact BSIU directly. The Child Care Program & Policy Unit will investigate and contact the County Office with the outcome.
|In response to the request for Criminal
Record History request, the attached individual was found:
Chapter 565, RSMo (Offenses Against the Person);
Chapter 566, RSMo (Sexual Offenses);
Chapter 568, RSMo (Offenses Against the Family) with the exception of the sale of fireworks, as defined in section 320.110 RSMo, to a child under the age of eighteen;
Chapter 573, RSMo (Pornography and Related Offenses);
The Division of Family Services as reason for disqualification as a registered child care provider.