§ 11.18. Criminal history record check.
(a) Operators applying to the Department for licensure shall obtain for themselves and for prospective full-time, part-time and temporary program staff persons (including vehicle drivers, but excluding students), the following information:
(1) A report of criminal history record information from the State Police or a statement from the State Police that the State Police Central Repository contains no information relating to that person, under 18 Pa.C.S. § § 9101—9183 (relating to the Criminal History Record Information Act).
(2) A report of Federal criminal history record information under the Federal Bureau of Investigation appropriation of Title II of the act of October 25, 1972 (Pub. L. 92-544, 86 Stat. 1109), if the operator or employe has not been a resident of this Commonwealth for the 3 years prior to hiring.
(b) Information in subsection (a) shall be obtained at the employe’s expense or, at the option of the provider, the provider’s expense.
(c) For centers beginning operation on or after October 12, 1993, an operator shall apply for the information in subsection (a) for the operator no later than 2 working days after the date the operator applies to the Department to begin operating a center.
(d) For persons hired on or after October 12, 1993, an operator shall apply for the information in subsection (a) for prospective employes within 5 working days after the employe’s date of hire.
(e) Final reports received from the State Police, and, if applicable, the Federal Bureau of Investigation for the operator and employes shall be kept on file by the center operator.
Cross References This section cited in 6 Pa. Code § 11.31 (relating to minimum staff requirements); and 6 Pa. Code § 11.212 (relating to applicability).
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