Page 134
system check for each state in which the person currently resides and has resided in the previous five years, the National Sex Offender Registry, and the state sex offender registry. (3) The background checks of all persons referenced in (L)(1) shall be submitted to the Agency upon request. (4) If a person referenced in (L)(1) separates from the facility for any period of time, then all background checks shall be repeated prior to resuming work in the facility. (5) A fingerprint review conducted by the Federal Bureau of Investigation shall be required for all persons referenced in (L)(1). The fingerprint review shall be required prior to working in the facility and every five years thereafter to ensure the person continues to meet the requirements of this section. (6) A background check conducted by the State Law Enforcement Division, a check of the State Central Registry of Child Abuse and Neglect and department records, the equivalent registry system check for each state in which the person currently resides and has resided within the previous five years, the National Sex Offender Registry, and the state sex offender registry shall be completed annually for all persons referenced in (L)(1) to ensure the person continues to meet the require- ments of this section. (7) The chief executive officer or the person authorized to hire staff shall agree to comply with the conditions of the Memorandum of Understanding on Criminal Record Checks. (8) When a group care staff person or volunteer staff person is under investigation by the Agency, then the Agency may restrict that staff person’s access to children until the investigation is complete if the seriousness of the allegations warrant such action. (9) Although background checks prescribed in this subsection are not required for children age 18–21 who reside in the facility, if the facility also engages in the full-time residential care of minor children and is not a facility that exists primarily for the detention or correction of children, the facility shall have policies and procedures to assess the criminal background and child protective services history of children age 18–21 to ensure the safety of minor children residing in the facility. (10) Notwithstanding the requirements to conduct criminal background and child abuse and neglect registry checks as outlined in this section, a facility may onboard persons referenced in (L)(1)) for administrative purposes, i.e., training, completion of forms, signing documents, pending receipt of criminal background and out-of-state child abuse and neglect registry information. In such cases, prior to being onboarded, the person must provide a sworn, written statement that he or she has not pled guilty or nolo contendere, nor been convicted of any crime set forth in this section and that the person does not have a substantiated history of child abuse or neglect and is not on any State’s child abuse and neglect registry. The facility shall not allow a person who is awaiting the results of background checks to have any unsupervised contact with children until the background checks are complete and it has been determined the person has no records that would exclude him or her from working or serving in the facility. Facility staff fulfilling a supervisory role must meet all staff requirements found in these regulations and must provide line-of-sight supervision to any person who is awaiting results of background checks. The facility must make diligent efforts to complete background checks within thirty days of onboarding a person for administrative purposes. However, upon a showing of good cause, the State Director or State Director’s designee may provide written authorization for an extension not to exceed sixty days. In no event may the period of onboarding for administrative purposes as described in this section exceed ninety days. M. Staff Orientation and Continuing Education. (1) The director shall submit an annual training plan to the licensing agency prior to implementa- tion to ascertain that the plan will comply with this requirement. Training topics shall include trauma concepts and behavioral management, to provide for the needs of the children who are or may be placed in the group care facility, early learning, child and adolescent brain development, healthy eating, protective factors, and child abuse and neglect prevention. The annual training plan shall include proposed training topics, the planned month and number of training hours expected for each topic. (2) Documentation of completed training shall be on file at the facility and shall be reviewed at the time of licensing, monitoring, or relicensing visits.