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10-148 Chapter 6 page 36

4. A Child Care Provider shall not be required to submit a request if the individual received a qualifying background check within the last five (5) years. 5. The State may charge the Child Care Provider for the actual cost of the processing and administration of background checks. 6. The State shall provide results of the background check to the Child Care Provider and the current or prospective staff member indicating eligibility or ineligibility within forty-five (45) calendar days of the Child Care Provider’s submitted request. 7. If a current or prospective staff member is ineligible due to the results of the background check: a. The results must be provided to the Child Care Provider without revealing any disqualifying crime or other related information regarding the individual; and b. The results must be provided to the individual and include information related to each disqualifying crime or other information related to the ineligibility and the opportunity to appeal. 8. The results of individual background checks shall not be publicly released or shared unless the data is unidentifiable and/or aggregated. 9. A prospective staff member may begin work for a Child Care Provider after receiving qualifying results of either the Federal Bureau of Investigation fingerprint check using Next Generation Identification, or State Bureau of Identification (SBI) with fingerprints. This staff member must always be supervised, by an individual who received a qualifying result on a background check within the past five (5) years, until the results of all aspects of the background check have been received. 10. Unsatisfactory results of any component of a background check for any individual will disqualify the Provider that employs, proposes to employ, houses, or otherwise provides such individual access to Children from receiving payment for Child Care Services provided under this rule. Unsatisfactory result is defined by one (1) or more of the following: a. A conviction for any Class A crime (as defined by State statute) or its equivalent; b. A conviction within the last ten (10) years for any Class B or C crime or its equivalent that involved the use of force; c. A conviction for any crime within the last ten (10) years that resulted in time served in a correctional facility;