37.95.161    CHILD CARE FACILITIES: FINGERPRINT AND BACKGROUND CHECK REQUIREMENTS

(1) A fingerprint background check by the Montana Department of Justice and Federal Bureau of Investigation is required prior to working in a child care facility and every five years thereafter. 

(a) Fingerprints must be processed by a trained individual within a certified fingerprinting agency. Results will be transmitted electronically to the department by the Montana Department of Justice.

(b) Satisfactory results of background checks must be received prior to approval of any new application or staff approval. Unsatisfactory results are those crimes and offenses listed in ARM 37.95.173 and 37.95.176, or the adverse licensure actions described in ARM 37.95.175.

(2) A check of the Montana Sex Offender Registry and the national Sexual Offender Registry from the National Criminal Information Center (NCIC) is required prior to working in a child care facility and annually thereafter.

(3) A child protective services check for Montana and any state where the individual has resided in the preceding five years is required prior to working in a child care facility and annually thereafter.

(4) A name-based criminal records check for Montana and any state where the individual has resided in the preceding five years is required prior to working in a child care facility and annually thereafter.

 

History: 52-2-704, MCA; IMP, 52-2-704, 52-2-723, 52-2-731, MCA; NEW, 2006 MAR p. 1424, Eff. 6/2/06; AMD, 2018 MAR p. 308, Eff. 2/10/18; AMD, 2018 MAR p. 1887, Eff. 9/22/18.