SB 40 — AN ACT relating to child welfare.

UNOFFICIAL COPY 20 RS BRSB 112540/GA AN ACT relating to child welfare.

KRS 199.8966 isIS amendedREPEALED toAND readREENACTED asAS follows:A NEW SECTION OF KRS 199.640 TO 199.680 TO READ AS FOLLOWS:

(1) ForAs theused purposesin of this section, "staff member" meansmeans: an individual:

(a) WhoAn individual who is employed by a child-caring facility or a child-placing agency for compensation,compensation; including a contract employee or a self-employed individual;

or (b) WhoseA activitiescontract involveemployee the sole care or supervisiona ofself-employed childrenindividual forwhose aemployment child-directly caringinvolves facilitythe care or asupervision child-placingof agencychildren or who has unsupervised access to children whoplaced arewith caredthe for or supervised by a child-caring facility or a child-placing agency.agency;

(2)or The(c) cabinetA shallvolunteer requireor aintern staffwhose memberactivities on behalf of a child-caring facility or a child-placing agency toinvolve submitthe tocare backgroundor checkssupervision inof accordancechildren withor 42unsupervised U.S.C.access to children.

Page 1 of 3 SB004010.100 - 1125 - XXXX GA UNOFFICIAL COPY 20 RS SB 40/GA (2) The cabinet shall require a staff member of a child-caring facility or child- placing agency to submit to background checks in accordance with 42 U.S.C.

Page 1 of 2 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1125 671(a)(20)(D) and the implementing federal rules, including national and state fingerprint-supported criminal background checks by the Department of Kentucky State Police and the Federal Bureau of Investigation.

(3)[(2)](3) The child-caring facility or child-placing agency staff member shall provide the staff member's fingerprints to the Department of Kentucky State Police for submission to the Federal Bureau of Investigation after a state criminal background check is conducted.

(4)[(3)](4) The results of the national and state criminal background checks shall be sent to the cabinet.

(5)[(4)](5) The cabinet mayshall registerprovide notice to a child-caring facility or a child-placing agency if a staff member inis eligible for employment not to exceed seven (7) business days after the rapdate backthe system.staff member submitted fingerprints through a means approved by the cabinet to the Department of Kentucky State Police.

(6)[(5)] The requestcabinet for background checks shall bereissue innotice aof manner approved by the Justicestaff andmember’s Publiceligibility Safety Cabinet, and the Cabinet for Healthemployment andsubsequent Familyto Servicesthe maycabinet’s chargereceipt aof feeadditional toinformation beabout paidthe bystaff amember, child-caringincluding facility or a child-placingresult agencyfrom not to exceed the actualrap costback. of processing the request.

(7)[(6)](6) The cabinet shallmay promulgateregister administrativea regulationschild-caring infacility accordanceor withchild-placing KRSagency Chapterstaff 13Amember toin implementthe thisrap section.back system.

Page(7) 2The request for background checks shall be in a manner approved by the Justice and Public Safety Cabinet, and the Cabinet for Health and Family Services may charge a fee to be paid by a child-caring facility or child-placing agency not to exceed the actual cost of 2processing XXXXthe Jacketedrequest.

(8) The cabinet shall promulgate administrative regulations in accordance with KRS Chapter 13A to implement this section.

(9) The requirements of this section shall apply to a child-placing agency only if a Page 2 of 3 SB004010.100 - 1125 - XXXX GA UNOFFICIAL COPY 20 RS SB 40/GA background check required under subsection (2) of this section can be accomplished electronically, pursuant to KRS 17.185.

Page 3 of 3 SB004010.100 - 1125 - XXXX GA