SB 38 — EARLY CHILDHOOD EDUCATION DEPT AUTHORIZATIONS

e b l e e h (g) clinical evaluation and treatment n d d i = = o h and supporting documentation;

and l ] b ,d i a º e r i = r (h) confidentiality of consumer records;

tand e(2) wapproval dof mcontracts aand ncontract oamendments andby dthe mcollaborative, :including public notice of the proposed final contract.

b e d s º o t n = .221495.2SAAIC February 9, 2022 (2:15pm) s k m e - 5 - e a n e d r e l u [ A d (2) approval of contracts and contract amendments by the collaborative, including public notice of the proposed final contract.

The consolidated behavioral health budget request shall account for requested funding for the behavioral health services program at the human services department and any other requested funding for behavioral health services from SB 38 Page 5 agencies identified in Subsection A of this section that will be used pursuant to Paragraph (5) of Subsection B of this section.

The director is responsible for the coordination of day-to-day h g activities of the collaborative, including the coordination of o t hr staff from the collaborative member agencies.

g e i k I.

The collaborative shall provide a quarterly h r i s report to the legislative finance committee on performance h , t, e u g outcome measures.

The collaborative shall submit an annual e b l e e h report to the legislative finance committee and the interim n d d i = = o h legislative health and human services committee that provides l ] b ,d i a º e r i = r information on:

t e w d m a n o (1) the collaborative's progress toward dachieving mits :strategic plans and goals;

b e d s º o t n = .221495.2SAAIC February 9, 2022 (2:15pm) s k m e - 6 - e a n e d r e l u [ A d achieving its strategic plans and goals;

Section 9-29-1 NMSA 1978 (being Laws 2019, SB 38 Page 6 Chapter 48, Section 1) is amended to read:

SHORT TITLE.--[SectionsTITLE.--Chapter 1 through 12 of this act] Chapter 9, Article 29 NMSA 1978 may be cited as the "Early Childhood Education and Care Department Act"." SECTION 3.

develop priorities for department programs and the use of department resources based on state policy, national h g best-practice standards, evidence-based interventions and o t hr practices and local considerations and priorities;

g e i k B.

coordinate and align an early childhood h r i s h education and care system to:

, t, e u g (1) include the family, infant, toddler e b l e e h program, child care, pre-kindergarten, early pre-kindergarten, n d d i = = o h home visitation, early head start, head start, early childhood l ] b ,d i a º e r i = r special education and early intervention and family support;

tand e(2) wprovide dNew mMexico afamilies nwith oconsistent andaccess dto mappropriate :early childhood care and education services;

b e d s º o t n = .221495.2SAAIC February 9, 2022 (2:15pm) s k m e - 7 - e a n e d r e l u [ A d (2) provide New Mexico families with consistent access to appropriate early childhood care and education services;

SB 38 Page 7 D.

develop reimbursement criteria for child care [centers] facilities and home providers licensed by the department;

h g H.

conduct pre-employment fingerprint-based o t hr national criminal background checks on all department g e i k employees, including those whose employment by the department h r i s arises as a result of the transfer provisions of [Section 34 of h , t, e u g this 2019 act] Laws 2019, Chapter 48, Section 34, and on staff e b l e e h members and volunteers of department-contracted providers whose n d d i = = o h jobs involve direct contact with children participating in l ] b ,d i a º e r i = r programs delivered by the department or those providers;

t e w d m a n o I.

provide a system of seamless transition from dprenatal mto :early childhood programs to kindergarten;

b e d s º o t n = .221495.2SAAIC February 9, 2022 (2:15pm) s k m e - 8 - e a n e d r e l u [ A d prenatal to early childhood programs to kindergarten;

advance quality early childhood education and care programs to support the development of children to SB 38 Page 8 prepare them for success in school;

A new section of the Early Childhood Education h g and Care Department Act is enacted to read:

o"CRIMINAL t hr "[NEW MATERIAL] CRIMINAL HISTORY INVESTIGATIONS--INVESTIGATIONS--PROCEDURES-- gCONFIDENTIALITY--VIOLATION--PENALTY.-- e i k PROCEDURES--CONFIDENTIALITY--VIOLATION--PENALTY.-- h r i s A.

To investigate the suitability of an applicant h , t, e u g for licensure or registration as a child care facility or child e b l e e h care home programs or for employment or volunteering at a n d d i = = o h licensed child care facility or registered child care home lprogram, ]including bany ,dfacility ior aprogram ºthat ehas rprimary icustody =of rinfants, program,toddlers includingand anychildren facilityfor twenty hours or programmore thatper hasweek, primarythe tdepartment eshall whave daccess mto acriminal nhistory orecords custodyinformation furnished by the department of infants,public toddlerssafety and childrenthe forfederal twentybureau hoursof orinvestigation, dsubject mto :any restrictions imposed by federal law.

bSB e38 dPage s º o t n = .221495.2SAAIC February 9, 2022 (2:15pm) s k m e - 9 -B. e a n e d r e l u [ A d more per week, the department shall have access to criminal history records information furnished by the department of public safety and the federal bureau of investigation, subject to any restrictions imposed by federal law.

B.

The h department of public safety shall review the information u » r t h obtained from the criminal history records check and shall g e l i compile and provide that information to the early childhood h r i s education and care department.

The early childhood education h , e h t u g and care department shall use the information to investigate e b l e e , gh and determine whether an applicant is qualified to hold a n d d i = = o h license or an employment or volunteer position.

SJCº The l ] b ,d i a º r e r = department shall promulgate rules for the investigation and t e w d m a n o determination of qualifications.»SJCqualifications. d m :

b r e t º o t n = .221495.2SAAIC February 9, 2022 (2:15pm) s k m e - 10 - e a n e d r e l u [ A d C.

Criminal history information obtained by the department is confidential and shall be used only for the purpose of determining the suitability for licensure, SB 38 Page 10 employment or volunteer service and shall not be disclosed to anyone other than public employees directly involved in the decision affecting the applicant.

"condition of public health importance" means an infection, a disease, a syndrome, a symptom, an injury or other threat that is identifiable on an individual or community level h g and can reasonably be expected to lead to adverse health o t hr effects in the community;

g e i k B.

"crisis triage center" means a health facility h r i s that:

h , t, e u g (1) is licensed by the department of health;

e b l e e h and n d d i = = o h (2) provides stabilization of behavioral l ] b ,d i a º e r i = r health crises and may include residential and nonresidential t e w d m a n o stabilization;

dC. m :

b e d s º o t n = .221495.2SAAIC February 9, 2022 (2:15pm) s k m e - 11 - e a n e d r e l u [ A d C.

SB 38 Page 11 (1) the department of health;

or (2) the children, youth and families department as to [child care centers ] residential treatment centers that serve persons up to twenty-one years of age, community mental health centers that serve only persons up to twenty-one years of age, day treatment centers that serve persons up to twenty-one years of age, shelter care homes and those outpatient facilities that are also community-based behavioral health facilities serving only persons up to twenty-twenty-one one years of age;

"health care provider" means [an individual ] a person licensed to provide health care in the ordinary course of business, except as otherwise defined in the Public Health Act;

"health facility" means a public hospital, h g profit or nonprofit private hospital, general or special o t hr hospital, outpatient facility, crisis triage center, g e i k freestanding birth center, adult daycare facility, nursing h r i s home, intermediate care facility, assisted living facility, h , t, e u g boarding home not under the control of an institution of higher e b l e e h learning, child care [center ] facility, shelter care home, ndiagnostic dand dtreatment icenter, =rehabilitation =center, oinfirmary, hcommunity diagnosticmental health center that serves both children and treatmentadults center,or rehabilitationadults center,only, lresidential ]treatment bcenter ,dthat iserves apersons ºup eto rtwenty-one iyears =of rage, infirmary,SB 38 Page 12 community mental health center that serves bothonly tpersons eup wto dtwenty-one myears aof nage oand childrenday andtreatment adultscenter that serves persons up to twenty-one years of age or adultsa only,health residentialservice treatmentorganization doperating mas :a freestanding hospice or a home health agency.

b e d s º o t n = .221495.2SAAIC February 9, 2022 (2:15pm) s k m e - 12 - e a n e d r e l u [ A d center that serves persons up to twenty-one years of age, community mental health center that serves only persons up to twenty-one years of age and day treatment center that serves persons up to twenty-one years of age or a health service organization operating as a freestanding hospice or a home health agency.

h g (1) may require further investigation;

and o t hr (2) can identify individuals with unrecognized g e i k health risk factors or asymptomatic disease conditions in h r i s populations;

h , t, e u g H.

e b l e e h (1) the secretary of health;

[or ] n d d i = = o h (2) the secretary of children, youth and lfamilies ]as bto ,dresidential itreatment acenters ºthat eserve rpersons iup =to rtwenty-one familiesyears asof toage, [childcommunity caremental SB 38 Page 13 health centers ]that residentialserve treatmentonly tpersons eup wto dtwenty-one myears aof nage, oday treatment centers that serve persons up to twenty-one years of age, dshelter mcare :homes and those outpatient facilities that are also community-based behavioral health facilities serving only persons up to twenty-one years of age;

b e d s º o t n = .221495.2SAAIC February 9, 2022 (2:15pm) s k m e - 13 - e a n e d r e l u [ A d community mental health centers that serve only persons up to twenty-one years of age, day treatment centers that serve persons up to twenty-one years of age, shelter care homes and those outpatient facilities that are also community-based behavioral health facilities serving only persons up to twenty- one years of age;

[There is created] The "governor's commission on disability" is createdcreated, , consisting of [fifteen] sixteen h g members, nine of whom shall be appointed by the governor.

The o t hr [six] seven remaining members shall be the director of the g e i k vocational rehabilitation division of the public education h r i s department, the secretary of [labor ] workforce solutions or the h , t, e u g secretary's designee, the director of the behavioral health e b l e e h services division of the human services department, the n d d i = = o h secretary of children, youth and families or the secretary's ldesignee, ]the bsecretary ,dof iearly achildhood ºeducation eand rcare ior =the rsecretary's designee, the secretary ofSB early38 childhoodPage education14 andof careaging tand elong-term wservices d m a n o or the secretary's designee,designee and the secretary of aginghuman andservices long-or dthe msecretary's :designee.

b e d s º o t n = .221495.2SAAIC February 9, 2022 (2:15pm) s k m e - 14 - e a n e d r e l u [ A d term services or the secretary's designee and the secretary of human services or the secretary's designee.

Appointed members shall include [individuals ] persons with disabilities, representatives of government and private enterprise, parents or guardians of [individuals ] persons with disabilities and professionals in, or those who are interested in, service for [individuals ] persons with disabilities.

A majority of the members of the commission h g constitutes a quorum for the transaction of business.

The o t hr commission shall meet at least twice a year and shall annually g e i k elect a chair and a vice chair.

h r i s C.

The commission shall be primarily concerned with h , t, e u g those [individuals ] persons with disabilities who have a e b l e e h condition that, regardless of its physical or mental origin, n d d i = = o h constitutes a substantial occupational disadvantage." l ] b ,d i a º e r i = r SECTION 7.

Section 28-16A-4 NMSA 1978 (being Laws 1993, tSB e38 wPage d15 m a n o Chapter 50, Section 4, as amended) is amended to read:

d"28-16A-4. m :

bDEVELOPMENTAL eDISABILITIES dCOUNCIL-- sCREATION--MEMBERSHIP--TERMS.-- ºA. o t n = .221495.2SAAIC February 9, 2022 (2:15pm) s k m e - 15 - e a n e d r e l u [ A d "28-16A-4.

DEVELOPMENTAL DISABILITIES COUNCIL--CREATION-- MEMBERSHIP--TERMS.-- A.

The council shall consist of no fewer than [twenty-five ] twenty-six members, at least sixty percent of whom shall be:

(1) [individuals ] persons with developmental disabilities;

h g C.

Of the sixty percent of members described in o t hr Subsection B of this section, one-third shall be [individuals ] g e i k persons with developmental disabilities, one-third shall be h r i s members described in Paragraphs (2) and (3) of Subsection B of h , t, e u g this section and one-third shall be a combination of members e b l e e h described in Subsection B of this section.

At least one member n d d i = = o h described in Subsection B of this section shall be an immediate lrelative ]or bguardian ,dof i a ºperson ewho rresides ior =previously rresided relativein oran guardianinstitution ofor [anshall individualbe ] a person whoSB resides38 orPage t16 ewith wa ddevelopmental mdisability awho nresides oor previously resided in an institutioninstitution. or shall be [an d m :

b e d s º o t n = .221495.2SAAIC February 9, 2022 (2:15pm) s k m e - 16 - e a n e d r e l u [ A d individual] a person with a developmental disability who resides or previously resided in an institution.

(4) the secretary of early childhood education and carecare, SJCº, or the secretay’ssecretary's designee»SJC;designee;

[(4)] (5) the secretary of aging and long-term services, or the secretary's designee;

[(5)] (6) the secretary of public education, h g or the secretary's designee;

o t hr [(6)] (7) the director of the vocational g e i k rehabilitation division of the public education department, or h r i s the director's designee;

h , t, e u g [(7)] (8) the director of the state protection e b l e e h and advocacy system established pursuant to the federal n d d i = = o h Developmental Disabilities Assistance and Bill of Rights Act of l ] b ,d i a º e r i = r 1990, or the director's designee;

tSB e38 wPage d17 m a n o [(8)] (9) the director of an entity within a dstate minstitution :of higher education designated as a university center for excellence in developmental disabilities education, research and service;

band e(10) dat sall ºtimes, orepresentatives tof nlocal =and .221495.2SAAICnongovernmental Februaryagencies 9,and 2022private (2:15pm)nonprofit sgroups kconcerned mwith eservices - 17 - e a n e d r e l u [ A d state institution of higher education designated as a university center for excellencepersons inwith developmental disabilities education,in researchNew andMexico. service;

and [(9)] (10) at all times, representatives of local and nongovernmental agencies and private nonprofit groups concerned with services for [individuals ] persons with developmental disabilities in New Mexico.

The governor shall select the members of the council for appointment pursuant to Subsection B and [Paragraph ] Paragraphs (9) and (10) of Subsection D of this section after soliciting recommendations from organizations representing a broad range of [individuals ] persons with developmental disabilities and [individuals ] other persons interested in [individuals] persons with developmental disabilities.

h g F.

The membership of the council shall be o t hr geographically representative of the state and reflect the g e i k diversity of the state with respect to race and ethnicity.

h r i s G.

Members, except for ex-officio members, shall be h , t, e u g appointed by the governor for terms of three years.

e b l e e h H.

The governor shall provide for rotation of the n d d i = = o h membership of the council.

These provisions shall allow lSB ]38 bPage ,d18 i a º e r i = r members to continue to serve on the council until those t e w d m a n o members' successors are appointed and qualifiedqualified. .

dI. m :

b e d s º o t n = .221495.2SAAIC February 9, 2022 (2:15pm) s k m e - 18 - e a n e d r e l u [ A d I.

For purposes of eligibility for support and services, "developmental disability" means a severe chronic disability of [an individual ] a person, which disability:

h g (1) is attributable to a mental or physical o t hr impairment, including the result from trauma to the brain, or g e i k combination of mental and physical impairments;

h r i s (2) is manifested before the person reaches h , t, e u g the age of twenty-two years;

e b l e e h (3) is expected to continue indefinitely;

nSB d38 dPage i19 = = o h (4) results in substantial functional l ] b ,d i a º e r i = r limitations in three or more of the following areas of major t e w d m a n o life activity:

d(a) mself-care; :

b e d s º o t n = .221495.2SAAIC February 9, 2022 (2:15pm) s k m e - 19 - e a n e d r e l u [ A d (a) self-care;

and (5) reflects the person's need for a combination and sequence of special, interdisciplinary or generic care treatment or other support and services that are of [life-long ] lifelong or extended duration and are individually planned and coordinated.

[An individual] A person who is eligible for h g developmental disability supports and services based on any o t hr previous definition of developmental disability used by the g e i k state and was receiving services on June 15, 1993 shall remain h r i s eligible for developmental disability supports and services.

hHowever, ,SB t,38 ePage u20 g However, a child, from birth through age two, who is determined e b l e e h to be at risk for or who has a developmental delay shall be n d d i = = o h eligible for early intervention services only, unless the child l ] b ,d i a º e r i = r meets the criteria set forth in Subsection A of this section." t e w d m a n o SECTION 9.

Section 28-16A-8 NMSA 1978 (being Laws 1993, dChapter m50, :Section 8, as amended) is amended to read:

b e d s º o t n = .221495.2SAAIC February 9, 2022 (2:15pm) s k m e - 20 - e a n e d r e l u [ A d Chapter 50, Section 8, as amended) is amended to read:

REPORTING ON COMMUNITY SERVICES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES.--The department of health, the human services department, the public education department, the vocational rehabilitation division of the public education department, the children, youth and families department, the early childhood education and care department, the New Mexico school for the blind and visually impaired and the New Mexico school for the deaf shall provide to the council, on an annual basis, information and data with respect to the actual or estimated number of [individuals ] persons with developmental disabilities served by the agency, the type of services provided, any major changes in policies adopted in the previous year or anticipated in the coming year that have had or are expected to have a beneficial or deleterious effect on persons with developmental disabilities and any gaps in eligibility or services that pose a barrier to the provision of services h needed by persons with developmental disabilities." uSB »38 rPage t21 h SECTION 10.

Section 28-16A-9 NMSA 1978 (being Laws 1993, g e l i Chapter 50, Section 9, as amended) is amended to read:

h r i s "28-16A-9.

INFORMATION AND REFERRAL SYSTEM--COORDINATIONSYSTEM-- hCOORDINATION , e h t u g AND CONTINUATION.--In order to coordinate information and e b l e e , gh referral services and eliminate the duplication of effort, the n d d i = = o h council shall provide information and referral services for l ] b ,d i a º r e r = persons with disabilities, their families, providers of support t e w d m a n o and services and local and state agencies, including:

dA. m :

b r e t º o t n = .221495.2SAAIC February 9, 2022 (2:15pm) s k m e - 21 - e a n e d r e l u [ A d A.

[and] G.

Section 28-16A-13 NMSA 1978 (being Laws 1993, Chapter 50, Section 13, as amended) is amended to SB 38 Page 22 read:

Subject to the availability of appropriations h g provided expressly for this purpose, the department may:

o t hr (1) acquire, provide or coordinate support and g e i k services for persons with developmental disabilities;

h r i s (2) enter into contracts and provider h , t, e u g agreements with agencies and [individuals ] persons capable of e b l e e h providing support and services to persons with developmental n d d i = = o h disabilities;

and l ] b ,d i a º e r i = r (3) establish advisory councils and task t e w d m a n o forces as necessary to guide the development and review of dsupport mand :services to persons with developmental disabilities.

b e d s º o t n = .221495.2SAAIC February 9, 2022 (2:15pm) s k m e - 22 - e a n e d r e l u [ A d support and services to persons with developmental disabilities.

The team is responsible for collectively evaluating [the ] a child's or adult's needs and developing an individual support and service plan to meet the needs;

The department or, for children eligible for SB 38 Page 23 family, infant, toddler program services, the early childhood education and care department shall:

(1) solicit the involvement of consumers, providers, parents, professional organizations and other governmental organizations prior to the adoption or revision of [any policies or regulations ] rules concerning the provision of h g support, services, standards or funding systems.

Participants o t hr shall be selected in a manner that reflects geographical, g e i k cultural, organizational and professional representation across h r i s the state;

h , t, e u g (2) develop [policies, procedures ] rules, [and e b l e e h regulations] including policies and procedures that, to the n d d i = = o h extent possible, will promote uniformity in reimbursement and l ] b ,d i a º e r i = r quality assurance systems regardless of the source of funding;

tand e(3) wconvene dand mmaintain a nfamily, oinfant, toddler interagency coordinating council and da mstatewide :adult support and services task force that shall, at a minimum, address quality assurance." SECTION 12.

b e d s º o t n = .221495.2SAAIC February 9, 2022 (2:15pm) s k m e - 23 - e a n e d r e l u [ A d (3) convene and maintain a family, infant, toddler [inter-agency ] interagency coordinating council and a statewide adult support and services task force that shall, at a minimum, address quality assurance." SECTION 12.

DEVELOPMENTAL DISABILITIES EARLY CHILDHOOD EVALUATION SYSTEM.--The state shall have a timely, comprehensive, multidisciplinary system for evaluating infants, toddlers and preschool-age children suspected of SB 38 Page 24 having developmental delays.

This diagnostic evaluation system shall be jointly provided through a coordinated system by the children's medical services bureau of the public health division or the h g developmental disabilities supports division of the department, o t hr the early childhood education and care departmentdepartment, , the g e i k university of New Mexico's center for development and h r i s disability and the public education department." h , t, e u g SECTION 13.

Section 28-16A-19 NMSA 1978 (being Laws 2003, e b l e e h Chapter 323, Section 1, as amended) is amended to read:

n d d i = = o h "28-16A-19.

INFORMATION AND REFERRAL TASK FORCE lCREATION.--The ]"information band ,dreferral itask aforce" ºis ecreated rin ithe =council rto CREATION.--[Theredevelop isa createdstatewide, ancomprehensive ]"211" Theinformation "information and referral tplan efor wuse das m a ntelephone odialing taskcode force"for [locatedaccess ] is created in the council to develophealth aand dhuman mservices. :

b e d s º o t n = .221495.2SAAIC February 9, 2022 (2:15pm) s k m e - 24 - e a n e d r e l u [ A d statewide, comprehensive "211" information and referral plan for use as a telephone dialing code for access to health and human services.

The task force shall include representation from SB 38 Page 25 the department of health;

the early childhood education and care departmentdepartment; ;

the commission for deaf and hard-of-hard-of-hearing hearing persons;

and other interested parties." h g SECTION 14.

Section 32A-15-3 NMSA 1978 (being Laws 1985, o t hr Chapter 103, Section 3 and Laws 1985, Chapter 140, Section 3, g e i k as amended) is amended to read:

h r i s "32A-15-3.

CRIMINAL HISTORY RECORDS CHECK--BACKGROUND h , t, e u g CHECKS.-- e b l e e h A.

[Nationwide] State and national criminal history n d d i = = o h [record] records checks shall be conducted on all operators, lstaff, ]employees band ,dvolunteers iand aprospective ºoperators, estaff, remployees iand =volunteers rof staff,child [andcare ]facilities, employeesincluding andevery volunteersfacility andor prospectiveprogram tthat ehas wprimary dcustody mof achildren nfor otwenty operators,hours staff,or [andmore ]per employeesweek, and volunteersjuvenile ofdetention, childcorrection careor dtreatment mfacilities. :

bState eand dnational scriminal ºhistory orecords tchecks nshall =also .221495.2SAAICbe Februaryconducted 9,on 2022all (2:15pm)prospective sfoster k m e - 25 - e a n e d r e l u [ A d facilities, including every facility or programadoptive thatparents hasand primaryother custodyadult ofrelatives childrenand fornon-relatives twentyresiding hoursin orthe moreprospective perfoster week, and juvenile detention, correction or treatmentadoptive facilities.parent's household.

[NationwideThe ]objective Stateof andSB national38 criminalPage history26 [record]conducting the records checks shallis alsoto beprotect conductedthe onchildren allinvolved prospectiveand fosterpromote orthe adoptivechildren's parentssafety and otherwelfare adultwhile relativesreceiving andservice non-relativesfrom residing in the prospectivefacilities fosterand orprograms. adoptive parent's household.

TheB. objective of conducting the [record ] records checks is to protect the children involved and promote the children's safety and welfare while receiving service from the facilities and programs.

[B.

The department shall fingerprint all operators, staff and employees and prospective operators, staff and employees of child care facilities and all prospective foster or adoptive parents and other adult relatives and non-relatives residing in the prospective foster or adoptive parent's household.

The department shall conduct a background check of h g all operators, staff and employees and prospective operators, o t hr staff and employees of child care facilities and all g e i k prospective foster or adoptive parents and other adult h r i s relatives and non-relatives residing in the prospective foster h , t, e u g or adoptive parent's household and shall submit a fingerprint e b l e e h card for those individuals to the department of public safety n d d i = = o h and the federal bureau of investigation for this purpose.

l ] b ,d i a º e r i = r C.

Criminal history records obtained by the t e w d m a n o department pursuant to the provisions of this section are d m :

b e d s º o t n = .221495.2SAAIC February 9, 2022 (2:15pm) s k m e - 26 - e a n e d r e l u [ A d confidential.

The department is authorized to use criminal history records obtained from the federal bureau of investigation to conduct background checks on prospective operators, staff and employees of child care facilities and foster parents.] B.

(1) prospective and current operators, staff, employees and volunteers of juvenile detention, correction or treatment facilities or a facility or program under the h department's authority that has primary custody of children for u » r t h twenty hours or more per week;

and g e l i (2) all prospective foster or adoptive parents h r i s or other adult relatives and non-relatives residing in a h , e h t u g prospective foster or adoptive parent's household.

e b l e e , gh D.

For purposes of investigating the suitability of n d d i = = o h persons enumerated in Subsections B and C of this section, the l ] b ,d i a º r early childhood education and care department or the children, eyouth rand =families tdepartment, eas wapplicable, dshall mhave aaccess nto ocriminal youthhistory records information furnished SB 38 Page 27 by the department of public safety and familiesthe department,federal asbureau applicable,of shallinvestigation, havesubject accessto dany mrestrictions :imposed by federal law.

b r e t º o t n = .221495.2SAAIC February 9, 2022 (2:15pm) s k m e - 27 - e a n e d r e l u [ A d to criminal history records information furnished by the department of public safety and the federal bureau of investigation, subject to any restrictions imposed by federal law.

The department of public safety shall review the information returned from the criminal history records check and compile and disseminate a response to the appropriate department, which h shall use the information to investigate and determine whether u » r t h a person is qualified to provide care for a child or be a g e l i foster or adoptive parent.

h r i s [D.] E.

Criminal history records obtained pursuant h , e h t u g to the provisions of this section are confidential and are not e b l e e , gh a public record for purposes of the Inspection of Public n d d i = = o h Records Act and shall not be used for any purpose other than l ] b ,d i a º r [conducting background checks ] determining suitability for e r = t e w d m a n o licensure, employment, volunteer service, fostering or dadoption. m :

bCriminal rhistory erecords tSB º38 oPage t28 nobtained =pursuant .221495.2SAAICto Februarythe 9,provisions 2022of (2:15pm)this ssection kand mthe einformation -contained 28in -those erecords shall not be released or disclosed to any other person or agency, except pursuant to a ncourt eorder dor rwith ethe lwritten uconsent [of Athe dperson adoption.who is the subject of the records.

CriminalF. history records obtained pursuant to the provisions of this section and the information contained in those records shall not be released or disclosed to any other person or agency, except pursuant to a court order or with the written consent of the person who is the subject of the records.

[E.] F.

-SB 2938 -Page h29 u25 » r t h g e l i h r i s h , e h t u g e b l e e , gh n d d i = = o h l ] b ,d i a º r e r = t e w d m a n o d m :

b r e t º o t n = .221495.2SAAIC February 9, 2022 (2:15pm) s k m e - 29 - e a n e d r e l u [ A d