(a) The Commissioner of Developmental Services shall require each applicant who has been made an offer of conditional employment by the department to be fingerprinted and submit to state and national criminal history records checks. The criminal history records checks required by this section shall be conducted in accordance with section 29-17a. Employment by the department shall be considered conditional until the results of the criminal history records checks are received and reviewed by the department.
(b) The commissioner may require providers licensed or funded by the department to provide residential, day or support services to persons with intellectual disability, to require each applicant who has been made an offer of conditional employment and will have direct and ongoing contact with persons and families receiving such services to submit to a check of such applicant's state criminal background. If the department requires such providers to have such applicants who have been made an offer of conditional employment submit to such checks, the administrative costs associated with such checks shall be considered an allowable cost on the annual cost report. Employment by a provider licensed or funded by the department shall be considered conditional until the results of the background checks have been received and reviewed by the provider.
(P.A. 03-203, S. 1; P.A. 07-73, S. 2(a), (b); P.A. 11-16, S. 14; P.A. 18-168, S. 52; P.A. 19-118, S. 25.)
History: Pursuant to P.A. 07-73 “Commissioner of Mental Retardation” and “Department of Mental Retardation” were changed editorially by the Revisors to “Commissioner of Developmental Services” and “Department of Developmental Services”, effective October 1, 2007; P.A. 11-16 amended Subsecs. (a) and (b) by substituting “intellectual disability” for “mental retardation”, effective May 24, 2011; P.A. 18-168 amended Subsec. (a) by replacing “submit to a check of such applicant's state criminal background” with “be fingerprinted and submit to state and national criminal history records checks” and adding provisions re conducting such checks in accordance with Sec. 29-17a and adding provision re employment conditional until results of criminal history records checks received and reviewed, amended Subsec. (b) by replacing “private sector service providers under contract with or licensed” with “providers licensed or funded”, and adding provision re employment conditional until results of background checks received and reviewed, and deleted Subsec. (c) re not hiring until results of checks are available; P.A. 19-118 amended Subsec. (a) by replacing “for employment in a Department of Developmental Services program that provides direct services to persons with intellectual disability” with “who has been made an offer of conditional employment by the department” and amended Subsec. (b) by deleting “for employment” and adding provisions re offer of conditional employment, effective July 1, 2019.