YES:
MR. SPEAKER:
Your Committee on Family, Children and Human Affairs , to which was referred
Senate Bill 132 , has had the same under consideration and begs leave to report the same
back to the House with the recommendation that said bill be amended as follows:
a regular and continuous basis, with children who are
under the direct supervision of the applicant; or
(C) a volunteer of the applicant who has direct contact, on
a regular and continuous basis, with children who are
under the direct supervision of the applicant.".
Page 203, line 34, delete "applicant," and insert " applicant who has
direct contact, on a regular and continuous basis, with children
who are under the direct supervision of the applicant,".
Page 203, line 35, delete "contact" and insert " contact, on a regular
and continuous basis,".
Page 204, between lines 3 and 4, begin a new paragraph and insert:
" (b) Notwithstanding subsection (a)(2), if:
(1) a license application is denied due to a criminal conviction
of an employee or a volunteer of the applicant; and
(2) the department determines that the employee or volunteer
has been dismissed by the applicant;
the criminal conviction of the former employee or former volunteer
does not require denial of a license application.".
Page 208, line 25, after "by" insert " :
(A)".
Page 208, line 25, after "licensee" delete "." and insert " ;
(B) an employee of the licensee who has direct contact, on
a regular and continuous basis, with children who are
under the direct supervision of the licensee; or
(C) a volunteer of the licensee who has direct contact, on a
regular and continuous basis, with children who are under
the direct supervision of the licensee.".
Page 208, line 27, delete "licensee," and insert " licensee who has
direct contact, on a regular and continuous basis, with children
who are under the direct supervision of the licensee,".
Page 208, line 27, delete "contact" and insert " contact, on a regular
and continuous basis,".
Page 212, line 19, delete "check." and insert " check for each
individual who is an applicant.".
Page 212, line 22, delete "applicant's employees and volunteers at
the home," and insert " applicant's:
(i) employees; and
(ii) volunteers;
who have or will have direct contact, on a regular and
continuing basis, with children who are or will be under
the direct supervision of the applicant; and".
Page 212, delete line 23.
Page 212, line 24, delete "eighteen (18)" and insert " fourteen (14)".
Page 212, between lines 25 and 26, begin a new line block indented
and insert:
" (2) Maintain records of each criminal history check.
(f) An applicant is required to conduct a criminal history check
required under subsection (e)(1) only one (1) time.
(g) The department shall, at the applicant's request, inform the
applicant whether the department has or does not have a record of
the person who is the subject of a criminal history background
check and if the department has identified the person as an alleged
perpetrator of abuse or neglect. The department may not provide
to the applicant any details or personally identifying information
contained in any child protective investigation report.".
Page 212, line 26, after "6." insert " (a)".
Page 212, line 29, after "by" insert " :
(A)".
Page 212, line 29, after "applicant" delete "." and insert " ;
(B) an employee of the applicant who has direct contact, on
a regular and continuous basis, with children who are
under the direct supervision of the applicant; or
(C) a volunteer of the applicant who has direct contact, on
a regular and continuous basis, with children who are
under the direct supervision of the applicant.".
Page 212, line 31, before "or" insert " who has direct contact, on a
regular and continuous basis, with children who are under the
direct supervision of the applicant,".
Page 212, line 31, before "volunteer" insert " a".
Page 212, line 31, delete "contact" and insert " contact, on a regular
and continuous basis,".
Page 212, after line 42, begin a new paragraph and insert:
" (b) Notwithstanding subsection (a)(2), if:
(1) a license application is denied due to a criminal conviction
of an employee or a volunteer of the applicant; and
(2) the department determines that the employee or volunteer
has been dismissed by the applicant;
the criminal conviction of the former employee or former volunteer
does not require denial of a license application.".
Page 218, line 3, after "by" insert " :
(A)".
Page 218, line 3, after "licensee" delete "." and insert " ;
(B) an employee of the licensee who has direct contact, on
a regular and continuous basis, with children who are
under the direct supervision of the licensee; or
(C) a volunteer of the licensee who has direct contact, on a
regular and continuous basis, with children who are under
the direct supervision of the licensee.".
Page 218, line 5, delete "licensee," and insert " licensee who has
direct contact, on a regular and continuous basis, with children
who are under the direct supervision of the licensee,".
Page 218, line 5, delete "contact" and insert " contact, on a regular
and continuous basis,".
Page 221, line 37, delete "must submit the necessary information,
forms," and insert " shall:
(1) conduct a criminal history check of:
(A) each individual who is an applicant; and
(B) the director or manager of a facility where children will
be placed; and
(2) submit to the department the result of each criminal
history check conducted under this subsection.".
Page 221, delete line 38.
Page 221, line 40, delete "applicant's" and insert " applicant's:
(A) employees; and
(B) volunteers;
who have or will have direct contact, on a regular and
continuing basis, with children who are or will be under the
direct supervision of the applicant.".
Page 221, delete line 41.
Page 221, after line 42, begin a new paragraph and insert:
" (f) An applicant is required to conduct a criminal history check
required under subsection (e)(1) only one (1) time for each
employee or volunteer.
(g) The department shall, at the applicant's request, inform the
applicant whether the department has or does not have a record of
the person who is the subject of a criminal history background
check and if the department has identified the person as an alleged
perpetrator of abuse or neglect. The department may not provide
to the applicant any details or personally identifying information
contained in any child protective investigation report.".
Page 222, line 16, after "6." insert " (a)".
Page 222, line 19, after "by" insert " :
(A)".
Page 222, line 19, after "applicant" delete "." and insert " ;
(B) an employee of the applicant who has direct contact, on
a regular and continuous basis, with children who are
under the direct supervision of the applicant; or
(C) a volunteer of the applicant who has direct contact, on
a regular and continuous basis, with children who are
under the direct supervision of the applicant.".
Page 222, line 21, delete "applicant," and insert " applicant who has
direct contact, on a regular and continuous basis, with children
who are under the direct supervision of the applicant,".
Page 222, line 22, delete "contact" and insert " contact, on a regular
and continuous basis,".
Page 222, between lines 32 and 33, begin a new paragraph and
insert:
" (b) Notwithstanding subsection (a)(2), if:
(1) a license application is denied due to a criminal conviction
of an employee or a volunteer of the applicant; and
(2) the department determines that the employee or volunteer
has been dismissed by the applicant;
the criminal conviction of the former employee or former volunteer
does not require denial of a license application.".
Page 227, line 9, after "by" insert " :
(A)".
Page 227, line 9, after "licensee" delete "." and insert " ;
" (B) an employee of the licensee who has direct contact, on
a regular and continuous basis, with children who are
under the direct supervision of the licensee; or
(C) a volunteer of the licensee who has direct contact, on a
regular and continuous basis, with children who are under
the direct supervision of the licensee.".
Page 227, line 11, delete "licensee," and insert " licensee who has
direct contact, on a regular and continuous basis, with children
who are under the direct supervision of the licensee,".
Page 227, line 11, delete "contact" and insert " contact, on a regular
and continuous basis,".
Page 229, line 2, delete "must submit the necessary information,
forms," and insert " shall:
(1) conduct a criminal history check of:
(A) each individual who is an applicant, and
(B) the director or manager of a facility where children will
be placed; and
(2) submit to the department the result of each criminal
history check conducted under this subsection.".
Page 229, delete line 3.
Page 229, line 5, delete "applicant's" and insert " applicant's:
(A) employees; and
(B) volunteers;
who have or will have direct contact, on a regular and
continuing basis, with children who are or will be under the
direct supervision of the applicant.".
Page 229, delete line 6.
Page 229, between lines 7 and 8, begin a new paragraph and insert:
" (f) An applicant is required to conduct a criminal history check
required under subsection (e)(1) only one (1) time for each
employee or volunteer.
(g) The department shall, at the applicant's request, inform the
applicant whether the department has or does not have a record of
the person who is the subject of a criminal history background
check and if the department has identified the person as an alleged
perpetrator of abuse or neglect. The department may not provide
to the applicant any details or personally identifying information
contained in any child protective investigation report.".
Page 229, line 8, after "3." insert " (a)".
Page 229, line 11, after "by" insert " :
(A)".
Page 229, line 11, after "applicant" delete "." and insert " ;
(B) an employee of the applicant who has direct contact, on
a regular and continuous basis, with children who are
under the direct supervision of the applicant; or
(C) a volunteer of the applicant who has direct contact, on
a regular and continuous basis, with children who are
under the direct supervision of the applicant.".
Page 229, line 12, delete "licensee," and insert " applicant,".
Page 229, line 13, delete "licensee," and insert " applicant who has
direct contact, on a regular and continuous basis, with children
who are under the direct supervision of the applicant,".
Page 229, line 13, after "the" delete "licensee" and insert
" applicant".
Page 229, line 13, delete "contact" and insert " contact, on a regular
and continuous basis,".
Page 229, line 15, delete "licensee," and insert " applicant,".
Page 229, between lines 24 and 25, begin a new paragraph and
insert:
" (b) Notwithstanding subsection (a)(2), if:
(1) a license application is denied due to a criminal conviction
of an employee or a volunteer of the applicant; and
(2) the department determines that the employee or volunteer
has been dismissed by the applicant;
the criminal conviction of the former employee or former volunteer
does not require denial of a license application.".
Page 233, line 35, after "by" insert " :
(A)".
Page 233, line 35, after "licensee" delete "." and insert " ;
(B) an employee of the licensee who has direct contact, on
a regular and continuous basis, with children who are
under the direct supervision of the licensee; or
(C) a volunteer of the licensee who has direct contact, on a
regular and continuous basis, with children who are under
the direct supervision of the licensee.".
Page 233, line 37, delete "licensee," and insert " licensee who has
direct contact, on a regular and continuous basis, with children
who are under the direct supervision of the licensee,".
Page 233, line 37, delete "contact" and insert " contact, on a regular
and continuous basis,".
Page 309, after line 37, begin a new paragraph and insert:
and when so amended that said bill do pass.