Criminal and Background Checks – Added. A. This Section applies to all directors/chief executive officers, facility managers, licensing applicants and other heads of agencies, by whatever title, and each employee or volunteer (which includes interns) who has or will have electronic or physical access to children's records or direct contact with children on a regular and continuing basis or any contact when a child(ren) is/are alone or only with the Provider’s staff in connection with performance of any services or activities pursuant to this Contract (“Covered Personnel”). To the extent applicable, the Contractor (referred to in this Section as Provider) shall conduct all criminal history and background checks required by law, this Contract, and the applicable DCS’ policies, including those implemented by Administrative Letter. All required checks must be completed and all outstanding issues resolved prior to the Provider submitting this Contract for State signature. The checks will be conducted in the same manner as required for licensed residential child caring institutions, with respect to IC 31-27-3-3, subsections (e)(1) and (f), and the Provider shall maintain records of information it gathers and receives on Covered Personnel checked pursuant to this Section. The applicable laws and DCS' policies and practices are updated periodically, and the Provider shall comply with those current as of the time the Provider executes this Contract, adds Covered Personnel, renews this Contract, or reaches the anniversary date of commencement of a multi-year agreement. Upon request, DCS will furnish the Provider with information on updates and any changes in policy or procedure. The current procedure requires the Provider to conduct the following checks: (1) For those with direct contact with children on a regular and continuing basis or any contact when a child(ren) is/are alone or only with the Provider’s staff in connection with performance of any services or activities pursuant to this Contract: (a) Verify the identity of all individuals subject to criminal and background checks by viewing a current government issued picture I.D; (b) Conduct Child Protection Services (“CPS”) checks for all states of residency in the past five (5) years (for Indiana, send DCS an Indiana Request for A Child Protection Services History Check; for other states, see DCS' website on child welfare policies and contractor policies for web links to CPS records); (c) Conduct National Sex Offender Registry checks for all states of residency in the past five (5) years (see DCS' website for web links for national sex offender registry checks); (d) Conduct Local Law Enforcement checks with law enforcement agencies that would have responded to each residential address in the last five (5) years; (e) Register and make appointment(s) for Fingerprint-Based National and State Checks through the State approved fingerprint vendor [The Provider must confirm that their name is available as a valid provider to be printed for DCS purposes on the State approved fingerprint vendors website. If the Provider cannot locate their name as a valid provider under DCS on the registration/appointment website, no additional steps can be taken until the Provider contacts DCS at xxxxxxxxxx.xxxxxxxxx@xxx.xx.xxx for further instructions. Employee(s)/volunteer(s) should not be printed under a local DCS office or other Provider name.] and follow through with obtaining fingerprints; and (f) Review Results of Criminal and Background Checks and take appropriate action as listed in the DCS Child Welfare Policy 13.4, Evaluation of Background Checks for DCS Contractors. (2) For those with only electronic or physical access to children's records: (a) Verify the identity of all individuals subject to criminal and background checks by viewing a current government issued picture I.D; (b) Conduct Child Protection Services (“CPS”) checks for all states of residency in the past five (5) years (for Indiana, send DCS an Indiana Request for Child Protection Services History Check; for other states, see DCS' website on child welfare policies and contractor policies for web links to CPS records); (c) Conduct National Sex Offender Registry checks for all states of residency in the past five (5) years (see DCS' website for web links for national sex offender registry checks); and (d) Review Results of Criminal and Background Checks and take appropriate action as listed in the DCS Child Welfare Policy 13.4, Evaluation of Background Checks for DCS Contractors. All directors/chief executive officers, facility managers, and licensing applicants, regardless of their level of contact with children, shall have background checks commensurate with the highest level of background checks required of any other Covered Personnel within their organization. If no other Covered Personnel require background checks and no exception is granted for an administrative contract, they shall have the checks described in this paragraph A(2). (3) For all Covered Personnel and Subcontractors: (a) The Provider shall require Covered Personnel and subcontractors for this Contract to immediately notify the Provider of any information about them that would have been revealed by the checks above including substantiation for child abuse or neglect or other similar complaints or charges and of any convictions or arrests. The Provider shall immediately relay such notice to DCS. The Provider shall further collect from each Covered Personnel an annual attestation regarding whether that individual has any history of such substantiation, arrest or conviction and shall include any previously unreported information to DCS in its annual Certification (such Certification is included in Exhibit 1, which is attached hereto and hereby incorporated by reference). (b) The Provider shall ensure all subcontractors have the required background checks. Each subcontractor must contact the DCS Central Office Background Check Unit (“COBCU”) and have the subcontractor name added to the fingerprint registration site and COBCU databases as a separate entity. The subcontractor cannot register under the name of the Provider. (c) Each subcontractor will be responsible for coordinating with COBCU to evaluate their results and resolve any outstanding issues. The subcontractor will be responsible for retaining their own background check results in their own personnel files but shall provide the primary contractor with the Exhibit 1 – Certification of
Appears in 3 contracts
Samples: Professional Services, Professional Services Contract, Professional Services
Criminal and Background Checks – Added. To ensure Contractor remains in compliance with the Contract, Contractor shall be responsible for modifying its practices to comply with all applicable federal and state laws, administrative letters, DCS Policies 13.3 and 13.4, which includes, but are not limited to the following:
A. This Section applies to all directors/chief executive officers, facility managers, licensing applicants and other heads of agencies, by whatever title, and each employee or volunteer (which includes including interns) who has or will have electronic or physical access to children's records or direct contact with children on a regular and continuing basis of the Contractor or any contact when a child(ren) is/are alone subcontractor or only with the Providersubcontractor’s staff in connection with performance of employee who performs any services service or activities activity pursuant to this Contract (“Covered Personnel”). To the extent applicable, the The Contractor (referred to in this Section as Provider) shall conduct be responsible for performing and ensuring Covered Personnel undergo all checks of local criminal history records and background checks backgrounds required by law, this Contract, and the applicable DCS’ policies, including those implemented by Administrative Letter, and applicable DCS policies found at xxxxx://xxx.xx.xxx/dcs/2354.htm (or successor website) (“Required Checks”). Any person who might serve as a substitute for a Covered Personnel position, even in emergency circumstances, shall undergo the Required Checks for that position. All required checks Required Checks must be completed and all outstanding issues resolved prior to the Covered Personnel commencing contractual duties. The Provider submitting has an ongoing obligation to conduct Required Checks for employees, volunteers, interns, subcontractors, and subcontractor’s employees who join the Provider or subcontractor(s) after this Contract for State signaturebegins. Such persons may not provide any services that involve children or their records before the requisite checks have been completed and all outstanding issues resolved.
B. The checks Required Checks will be conducted in the same manner as required for licensed residential child caring institutions, in accordance with respect to IC § 31-27-3-3, subsections (e)(1) and (f)) for licensed residential child caring institutions, with respect to IC § 31-27-3-4, subsections (e)(1) and (f) for group homes. As applicable laws and DCS' policies and practices are updated periodically, the Provider shall comply with the most current laws and DCS’ policies. Upon written request, DCS will furnish the Provider with information on updates and any changes in policy or procedure.
C. The Provider shall maintain records of information it gathers and receives on Covered Personnel checked pursuant to this Section. The applicable laws and DCS' policies and practices are updated periodically, and such records shall be provided to the DCS or be made available for inspection by authorized representatives of the DCS upon request.
D. At the time the Contractor submits this Contract for signature, and annually upon the anniversary of the effective date of this Contract, the Provider shall comply collect, verify, and make available to the DCS all documentation demonstrating the Required Checks of Covered Personnel have been completed and are compliant with those current the then-existing law and DCS policy. The Provider shall furnish any documentation related to these Required Checks as DCS requests.
E. In order to allow DCS to evaluate the results and to make determinations regarding qualifications, national fingerprint-based criminal history checks relating to Covered Personnel are required to be conducted through DCS’ approved fingerprint vendor in accordance with the terms and conditions stated in IC §§ 10-13-3-38.5 and 39. The results of the time national fingerprint-based criminal history checks will be returned to DCS as an authorized entity to receive the results. DCS will inform the Provider executes this Contract, adds Covered Personnel, renews this Contract, or reaches whether the anniversary date of commencement report it receives concerning the subject of a multi-year agreement. Upon request, DCS will furnish the Provider with information on updates and check shows any changes in policy or procedure. The current procedure requires the Provider record that would be grounds for denial of his/her ability to conduct the following checks:
(1) For those with direct contact with children on a regular and continuing basis or any contact when a child(ren) is/are alone or only with the Provider’s staff in connection with performance of any provide services or and/or perform activities pursuant to this Contract:
. If any Covered Personnel receive a response of conditionally disqualified or disqualified, further follow up is required. If the result is disqualified, then the individual may be eligible for a waiver. The Provider should contact the DCS’ background check unit to determine if the individual is eligible and to apply for the waiver. DCS will not release to the Provider any criminal history record information (a"CHRI") Verify contained in any report that it receives from the identity Federal Bureau of all individuals subject to criminal and background checks by viewing a current government issued picture I.D;
Investigation (b"FBI") Conduct Child Protection Services (“CPS”) checks for all states of residency in the past five (5) years (for Indiana, send DCS an Indiana Request for A Child Protection Services History Check; for other states, see DCS' website on child welfare policies and contractor policies for web links to CPS records);
(c) Conduct National Sex Offender Registry checks for all states of residency in the past five (5) years (see DCS' website for web links for national sex offender registry checks);
(d) Conduct Local Law Enforcement checks with law enforcement agencies that would have responded to each residential address in the last five (5) years;
(e) Register and make appointment(s) for Fingerprint-Based National and State Checks through the Indiana State approved fingerprint vendor [The Provider must confirm that their name is available as a valid provider to be printed for DCS purposes on the State approved fingerprint vendors websitePolice ("ISP"). If the Provider cannot locate their name as requests a valid provider under waiver of criminal history, DCS on the registration/appointment website, no additional steps can be taken until the Provider contacts DCS at xxxxxxxxxx.xxxxxxxxx@xxx.xx.xxx for further instructions. Employee(s)/volunteer(s) should not be printed under a local DCS office or other Provider name.] and follow through with obtaining fingerprints; and
(f) Review Results of Criminal and Background Checks and take appropriate action as listed in the DCS Child Welfare Policy 13.4, Evaluation of Background Checks for DCS Contractors.
(2) For those with only electronic or physical access to children's records:
(a) Verify the identity of all individuals subject to criminal and background checks by viewing a current government issued picture I.D;
(b) Conduct Child Protection Services (“CPS”) checks for all states of residency in the past five (5) years (for Indiana, send DCS an Indiana Request for Child Protection Services History Check; for other states, see DCS' website on child welfare policies and contractor policies for web links to CPS records);
(c) Conduct National Sex Offender Registry checks for all states of residency in the past five (5) years (see DCS' website for web links for national sex offender registry checks); and
(d) Review Results of Criminal and Background Checks and take appropriate action as listed in the DCS Child Welfare Policy 13.4, Evaluation of Background Checks for DCS Contractors. All directors/chief executive officers, facility managers, and licensing applicants, regardless of their level of contact with children, shall have background checks commensurate with the highest level of background checks required of any other Covered Personnel within their organization. If no other Covered Personnel require background checks and no exception is granted for an administrative contract, they shall have the checks described in this paragraph A(2).
(3) For all Covered Personnel and Subcontractors:
(a) The Provider shall require Covered Personnel and subcontractors for this Contract to immediately notify will inform the Provider of the decision on the waiver request.
F. In the event a criminal history or background check required herein produces any information about them record concerning the subject of a check that would have been revealed by be a ground for denial of his or her ability to provide services and/or perform activities pursuant to this Contract and the checks above including substantiation for child abuse Provider chooses to retain such employee or neglect or other similar complaints or charges and volunteer, that decision may be considered a material breach of any convictions or arrests. this Contract.
G. The Provider shall immediately relay such notice to DCS. The Provider shall further collect from each Covered Personnel an annual attestation regarding whether that individual has any history of such substantiation, arrest or conviction and shall include any previously unreported information to DCS in its annual Certification (such Certification is included in Exhibit 1, which is attached hereto and hereby incorporated by reference).
(b) The Provider shall ensure all subcontractors have the required background checks. Each subcontractor must contact the DCS Central Office Background Check Unit (“COBCU”) and have the subcontractor name added to the fingerprint registration site and COBCU databases as a separate entity. The subcontractor cannot register under the name of the Provider.
(c) Each subcontractor will be responsible for coordinating with COBCU payment of all fees required to evaluate their results and resolve be paid for conducting any outstanding issuescheck required under this Section, whether the check is conducted by the Provider or by DCS. The subcontractor will Any fees paid by DCS on behalf of the Provider may be responsible offset against any claim for retaining their own background check results in their own personnel files but shall provide payment submitted by the primary contractor with the Exhibit 1 – Certification ofProvider under this Contract.
Appears in 2 contracts
Samples: Professional Services, Professional Services
Criminal and Background Checks – Added. A. This Section applies to all directors/, chief executive officers, facility managers, licensing applicants and other heads of agencies, by whatever title, and each employee or volunteer (which includes including interns) of the Contractor or any subcontractor, who has or will have electronic or physical access to children's records or direct contact with children on a regular and continuing basis or any contact when a child(ren) is/are alone or only with the Provider’s 's staff in connection with performance of any services or activities pursuant to this Contract (“"Covered Personnel”"). To the extent applicable, the Contractor (referred to in this Section as "Provider") shall conduct all criminal history and background checks required by law, this Contract, and the applicable DCS’ ' policies, including those implemented by Administrative Letter. All required checks must be completed and all outstanding issues resolved prior to the Provider submitting this Contract for State signature. The checks will be conducted in the same manner as required for licensed residential child caring institutions, with respect to IC § 31-27-3-3, subsections (e)(1) and (f), and the Provider shall maintain records of information it gathers and receives on Covered Personnel checked pursuant to this Section. The applicable laws and DCS' policies and practices are updated periodically, and the Provider shall comply with those current as of the time the Provider executes this Contract, adds Covered Personnel, renews this Contract, or reaches the anniversary date of commencement of a multi-year agreement. Upon request, DCS will furnish the Provider with information on updates and any changes in policy or procedure. The current procedure requires the Provider to conduct the following checks:
(1) For those with direct contact with children a child(ren) on a regular and continuing basis or any contact when a child(ren) is/are alone or only with the Provider’s 's staff in connection with performance of any services or activities pursuant to this Contract, Provider shall:
(a) Verify the identity of all individuals subject to criminal and background checks by viewing a current government issued picture I.D;
(b) Conduct Child Protection Services (“CPS”) checks for all states of residency in the past five (5) years (for Indiana, send DCS an Indiana Request for A Child Protection Services History Check; for other states, see DCS' website on child welfare policies and contractor policies for web links to CPS records);
(c) Conduct National Sex Offender Registry checks for all states of residency in the past five (5) years (see DCS' website for web links for national sex offender registry checks);
(d) Conduct Local Law Enforcement checks with law enforcement agencies that would have responded to each residential address in the last five (5) years;
(e) Register and make appointment(s) for Fingerprint-Based National and State Checks through the State approved fingerprint vendor [The Provider must confirm that their name is available as a valid provider to be printed for DCS purposes on the State approved fingerprint vendors website. If the Provider cannot locate their name as a valid provider under DCS on the registration/appointment website, no additional steps can be taken until the Provider contacts DCS at xxxxxxxxxx.xxxxxxxxx@xxx.xx.xxx for further instructions. Employee(s)/volunteer(s) should not be printed under a local DCS office or other Provider name.] and follow through with obtaining fingerprintsI.D.; and
(f) Review Results of Criminal and Background Checks and take appropriate action as listed in the DCS Child Welfare Policy 13.4, Evaluation of Background Checks for DCS Contractors.
(2) For those with only electronic or physical access to children's records:
(a) Verify the identity of all individuals subject to criminal and background checks by viewing a current government issued picture I.D;
(b) Conduct Child Protection Services (“CPS”) checks for all states of residency in the past five (5) years (for Indiana, send DCS an Indiana Request for Child Protection Services History Check; for other states, see DCS' website on child welfare policies and contractor policies for web links to CPS records);
(c) Conduct National Sex Offender Registry checks for all states of residency in the past five (5) years (see DCS' website for web links for national sex offender registry checks); and
(d) Review Results of Criminal and Background Checks and take appropriate action as listed in the DCS Child Welfare Policy 13.4, Evaluation of Background Checks for DCS Contractors. All directors/chief executive officers, facility managers, and licensing applicants, regardless of their level of contact with children, shall have background checks commensurate with the highest level of background checks required of any other Covered Personnel within their organization. If no other Covered Personnel require background checks and no exception is granted for an administrative contract, they shall have the checks described in this paragraph A(2).
(3) For all Covered Personnel and Subcontractors:
(a) The Provider shall require Covered Personnel and subcontractors for this Contract to immediately notify the Provider of any information about them that would have been revealed by the checks above including substantiation for child abuse or neglect or other similar complaints or charges and of any convictions or arrests. The Provider shall immediately relay such notice to DCS. The Provider shall further collect from each Covered Personnel an annual attestation regarding whether that individual has any history of such substantiation, arrest or conviction and shall include any previously unreported information to DCS in its annual Certification (such Certification is included in Exhibit 1, which is attached hereto and hereby incorporated by reference).
(b) The Provider shall ensure all subcontractors have the required background checks. Each subcontractor must contact the DCS Central Office Background Check Unit (“COBCU”) and have the subcontractor name added to the fingerprint registration site and COBCU databases as a separate entity. The subcontractor cannot register under the name of the Provider.
(c) Each subcontractor will be responsible for coordinating with COBCU to evaluate their results and resolve any outstanding issues. The subcontractor will be responsible for retaining their own background check results in their own personnel files but shall provide the primary contractor with the Exhibit 1 – Certification of
Appears in 2 contracts
Samples: Professional Services, Professional Services
Criminal and Background Checks – Added. A. This Section applies to all directors/chief executive officers, facility managers, licensing applicants and other heads of agencies, by whatever title, and each employee or volunteer (which includes interns) who has or will have electronic or physical access to children's records or direct contact with children on a regular and continuing basis or any contact when a child(ren) is/are alone or only with the Provider’s staff in connection with performance of any services or activities pursuant to this Contract (“Covered Personnel”). To the extent applicable, the Contractor (referred to in this Section as Provider) shall conduct all criminal history and background checks required by law, this Contract, and the applicable DCS’ policies, including those implemented by Administrative Letter. All required checks must be completed and all outstanding issues resolved prior to the Provider submitting this Contract for State signature. The checks will be conducted in the same manner as required for licensed residential child caring institutions, with respect to IC 31-27-3-3, subsections (e)(1) and (f), and the Provider shall maintain records of information it gathers and receives on Covered Personnel checked pursuant to this Section. The applicable laws and DCS' policies and practices are updated periodically, and the Provider shall comply with those current as of the time the Provider executes this Contract, adds Covered Personnel, renews this Contract, or reaches the anniversary date of commencement of a multi-year agreement. Upon request, DCS will furnish the Provider with information on updates and any changes in policy or procedure. The current procedure requires the Provider to conduct the following checks:
(1) For those with direct contact with children on a regular and continuing basis or any contact when a child(ren) is/are alone or only with the Provider’s staff in connection with performance of any services or activities pursuant to this Contract:
(a) Verify the identity of all individuals subject to criminal and background checks by viewing a current government issued picture I.D;
(b) Conduct Child Protection Services (“CPS”) checks for all states of residency in the past five (5) years (for Indiana, send DCS an Indiana Request for A Child Protection Services History Check; for other states, see DCS' website on child welfare policies and contractor policies for web links to CPS records);
(c) Conduct National Sex Offender Registry checks for all states of residency in the past five (5) years (see DCS' website for web links for national sex offender registry checks);
(d) Conduct Local Law Enforcement checks with law enforcement agencies that would have responded to each residential address in the last five (5) years;
(e) Register and make appointment(s) for Fingerprint-Based National and State Checks through the State approved fingerprint vendor [The Provider must confirm that their name is available as a valid provider to be printed for DCS purposes on the State approved fingerprint vendors website. If the Provider cannot locate their name as a valid provider under DCS on the registration/appointment website, no additional steps can be taken until the Provider contacts DCS at xxxxxxxxxx.xxxxxxxxx@xxx.xx.xxx for further instructions. Employee(s)/volunteer(s) should not be printed under a local DCS office or other Provider name.] and follow through with obtaining fingerprints; and
(f) Review Results of Criminal and Background Checks and take appropriate action as listed in the DCS Child Welfare Policy 13.4, Evaluation of Background Checks for DCS Contractors.
(2) For those with only electronic or physical access to children's records:
(a) Verify the identity of all individuals subject to criminal and background checks by viewing a current government issued picture I.D;
(b) Conduct Child Protection Services (“CPS”) checks for all states of residency in the past five (5) years (for Indiana, send DCS an Indiana Request for Child Protection Services History Check; for other states, see DCS' website on child welfare policies and contractor policies for web links to CPS records);
(c) Conduct National Sex Offender Registry checks for all states of residency in the past five (5) years (see DCS' website for web links for national sex offender registry checks); and
(d) Review Results of Criminal and Background Checks and take appropriate action as listed in the DCS Child Welfare Policy 13.4, Evaluation of Background Checks for DCS Contractors. All directors/chief executive officers, facility managers, and licensing applicants, regardless of their level of contact with children, shall have background checks commensurate with the highest level of background checks required of any other Covered Personnel within their organization. If no other Covered Personnel require background checks and no exception is granted for an administrative contract, they shall have the checks described in this paragraph A(2).
(3) For all Covered Personnel and Subcontractors:
(a) The Provider shall require Covered Personnel and subcontractors for this Contract to immediately notify the Provider of any information about them that would have been revealed by the checks above including substantiation for child abuse or neglect or other similar complaints or charges and of any convictions or arrests. The Provider shall immediately relay such notice to DCS. The Provider shall further collect from each Covered Personnel an annual attestation regarding whether that individual has any history of such substantiation, arrest or conviction and shall include any previously unreported information to DCS in its annual Certification (such Certification is included in Exhibit 1, which is attached hereto and hereby incorporated by reference).
(b) The Provider shall ensure all subcontractors have the required background checks. Each subcontractor must contact the DCS Central Office Background Check Unit (“COBCU”) and have the subcontractor name added to the fingerprint registration site and COBCU databases as a separate entity. The subcontractor cannot register under the name of the Provider.
(c) Each subcontractor will be responsible for coordinating with COBCU to evaluate their results and resolve any outstanding issues. The subcontractor will be responsible for retaining their own background check results in their own personnel files but shall provide the primary contractor with the Exhibit 1 – Certification ofof Completion of Required Criminal and Background Checks. Except for A(3)(a) above, the required checks must be performed every four (4) years based on the anniversary of the individual Covered Personnel’s initial checks.
B. The Provider shall be responsible for assessing job responsibilities and categorizing Covered Personnel as subject to A(1), A(2), or as not-covered and for performing the appropriate checks. Any Covered Personnel who might serve as a substitute for a covered position, even in emergency circumstances, should undergo the checks required for that covered position.
C. The Provider shall maintain a record of the results of each check conducted pursuant to this Section. The Provider shall, if requested by the State, provide a copy of that record to DCS or make the record available for inspection by an authorized representative of DCS.
D. With respect to any current Covered Personnel, the Provider shall submit the form attached hereto as Exhibit 1 (or a similar form as updated by DCS) at the time it submits this Contract to the State for signature or within thirty (30) days after the effective date of this Contract, whichever is earlier, and annually upon the anniversary of the effective date of the Contract. Exhibit 1 will certify that the requirements under paragraph A of this Section have been completed. A spreadsheet listing the Provider’s current Covered Personnel that have received the requisite criminal and background checks (Exhibit 1, Page 2) shall be submitted as part of Exhibit 1. The Provider shall furnish any other documentation related to background checks as DCS requests. The Provider has an ongoing obligation to assess job responsibilities and to conduct appropriate checks for employees or volunteers who join the Provider after this Contract begins. Such staff may not provide any services that involve contact with children before the requisite checks have been completed and all outstanding issues resolved.
E. In order to allow DCS to evaluate the results and to make determinations regarding qualifications, national fingerprint-based criminal history checks relating to Covered Personnel are required to be conducted through DCS’ approved fingerprint vendor in accordance with the terms and conditions stated in IC 10-13-3-38.5, 39. The results of the national fingerprint-based criminal history checks will be returned to DCS as an authorized entity to receive the results. DCS will inform the Provider whether the report it receives concerning the subject of a check shows any record that would be grounds for denial of his/her ability to provide services and/or perform activities pursuant to this Contract. If any Covered Personnel receive a response of conditionally disqualified or disqualified, further follow up is required. If the result is disqualified, then the individual may be eligible for a waiver. The Provider should contact the DCS’ background check unit to determine if the individual is eligible and to apply for the waiver. DCS will not release to the Provider any criminal history record information ("CHRI") contained in any report that it receives from the Federal Bureau of Investigation ("FBI") through the Indiana State Police ("ISP"). If the Provider requests a waiver of criminal history, DCS will inform the Provider of the decision on the waiver request.
F. In the event a criminal history or background check required herein produces any record concerning the subject of a check that would be a ground for denial of his/her ability to provide services and/or perform activities pursuant to this Contract and the Provider chooses to retain such employee or volunteer, that decision may be considered a material breach of this Contract.
G. The Provider will be responsible for payment of all fees required to be paid for conducting any check required under this Section, whether the check is conducted by the Provider or by DCS. Any fees paid by DCS on behalf of the Provider may be offset against any claim for payment submitted by the Provider under this Contract.
H. Upon request, DCS will assist the Provider in clarifying the requirements of this Section.
Appears in 2 contracts
Samples: Professional Services, Professional Services
Criminal and Background Checks – Added. A. This Section applies to all directors/chief executive officers, facility managers, licensing applicants and other heads of agencies, by whatever title, and each employee or volunteer (which includes including interns) who has or will have electronic or physical access to children's records or direct contact with children on a regular and continuing basis of the Contractor or any contact when a child(ren) is/are alone subcontractor or only with the Providersubcontractor’s staff in connection with performance of employee who performs any services service or activities activity pursuant to this Contract (“Covered Personnel”). To the extent applicable, the The Contractor (referred to in this Section as Provider) shall conduct be responsible for performing and ensuring Covered Personnel undergo all checks of local criminal history records and background checks backgrounds required by law, this Contract, and the applicable DCS’ policies, including those implemented by Administrative Letter, and applicable DCS policies found at xxxxx://xxx.xx.xxx/dcs/2354.htm (or successor website) (“Required Checks”). Any person who might serve as a substitute for a Covered Personnel position, even in emergency circumstances, shall undergo the Required Checks for that position. All required checks Required Checks must be completed and all outstanding issues resolved prior to the Covered Personnel commencing contractual duties. The Provider submitting has an ongoing obligation to conduct Required Checks for employees, volunteers, interns, subcontractors, and subcontractor’s employees who join the Provider or subcontractor(s) after this Contract for State signaturebegins. Such persons may not provide any services that involve children or their records before the requisite checks have been completed and all outstanding issues resolved.
B. The checks Required Checks will be conducted in the same manner as required for licensed residential child caring institutions, in accordance with respect to IC § 31-27-3-3, subsections (e)(1) and (f)) for licensed residential child caring institutions, with respect to IC § 31-27-3-4, subsections (e)(1) and (f) for group homes. As applicable laws and DCS policies and practices are updated periodically, the Provider shall comply with the most current laws and DCS policies. Upon written request, DCS will furnish the Provider with information on updates and any changes in policy or procedure.
C. The Provider shall maintain records of information it gathers and receives on Covered Personnel checked pursuant to this Section. The applicable laws and DCS' policies and practices are updated periodically, and such records shall be provided to the DCS or be made available for inspection by authorized representatives of the DCS upon request.
D. At the time the Contractor submits this Contract for signature, and annually upon the anniversary of the effective date of this Contract, the Provider shall comply collect, verify, and make available to the DCS all documentation demonstrating the Required Checks of Covered Personnel have been completed and are compliant with those current the then-existing law and DCS policy. The Provider shall furnish any documentation related to these Required Checks as DCS requests.
E. In order to allow DCS to evaluate the results and to make determinations regarding qualifications, national fingerprint-based criminal history checks relating to Covered Personnel are required to be conducted through DCS approved fingerprint vendor in accordance with the terms and conditions stated in IC §§ 10-13-3-38.5 and 39. The results of the time national fingerprint-based criminal history checks will be returned to DCS as an authorized entity to receive the results. DCS will inform the Provider executes this Contract, adds Covered Personnel, renews this Contract, or reaches whether the anniversary date of commencement report it receives concerning the subject of a multi-year agreement. Upon request, DCS will furnish the Provider with information on updates and check shows any changes in policy or procedure. The current procedure requires the Provider record that would be grounds for denial of his/her ability to conduct the following checks:
(1) For those with direct contact with children on a regular and continuing basis or any contact when a child(ren) is/are alone or only with the Provider’s staff in connection with performance of any provide services or and/or perform activities pursuant to this Contract:
. If any Covered Personnel receive a response of conditionally disqualified or disqualified, further follow up is required. If the result is disqualified, then the individual may be eligible for a waiver. The Provider should contact the DCS background check unit to determine if the individual is eligible and to apply for the waiver. DCS will not release to the Provider any criminal history record information (a"CHRI") Verify contained in any report that it receives from the identity Federal Bureau of all individuals subject to criminal and background checks by viewing a current government issued picture I.D;
Investigation (b"FBI") Conduct Child Protection Services (“CPS”) checks for all states of residency in the past five (5) years (for Indiana, send DCS an Indiana Request for A Child Protection Services History Check; for other states, see DCS' website on child welfare policies and contractor policies for web links to CPS records);
(c) Conduct National Sex Offender Registry checks for all states of residency in the past five (5) years (see DCS' website for web links for national sex offender registry checks);
(d) Conduct Local Law Enforcement checks with law enforcement agencies that would have responded to each residential address in the last five (5) years;
(e) Register and make appointment(s) for Fingerprint-Based National and State Checks through the Indiana State approved fingerprint vendor [The Provider must confirm that their name is available as a valid provider to be printed for DCS purposes on the State approved fingerprint vendors websitePolice ("ISP"). If the Provider cannot locate their name as requests a valid provider under waiver of criminal history, DCS on the registration/appointment website, no additional steps can be taken until the Provider contacts DCS at xxxxxxxxxx.xxxxxxxxx@xxx.xx.xxx for further instructions. Employee(s)/volunteer(s) should not be printed under a local DCS office or other Provider name.] and follow through with obtaining fingerprints; and
(f) Review Results of Criminal and Background Checks and take appropriate action as listed in the DCS Child Welfare Policy 13.4, Evaluation of Background Checks for DCS Contractors.
(2) For those with only electronic or physical access to children's records:
(a) Verify the identity of all individuals subject to criminal and background checks by viewing a current government issued picture I.D;
(b) Conduct Child Protection Services (“CPS”) checks for all states of residency in the past five (5) years (for Indiana, send DCS an Indiana Request for Child Protection Services History Check; for other states, see DCS' website on child welfare policies and contractor policies for web links to CPS records);
(c) Conduct National Sex Offender Registry checks for all states of residency in the past five (5) years (see DCS' website for web links for national sex offender registry checks); and
(d) Review Results of Criminal and Background Checks and take appropriate action as listed in the DCS Child Welfare Policy 13.4, Evaluation of Background Checks for DCS Contractors. All directors/chief executive officers, facility managers, and licensing applicants, regardless of their level of contact with children, shall have background checks commensurate with the highest level of background checks required of any other Covered Personnel within their organization. If no other Covered Personnel require background checks and no exception is granted for an administrative contract, they shall have the checks described in this paragraph A(2).
(3) For all Covered Personnel and Subcontractors:
(a) The Provider shall require Covered Personnel and subcontractors for this Contract to immediately notify will inform the Provider of the decision on the waiver request.
F. In the event a criminal history or background check required herein produces any information about them record concerning the subject of a check that would have been revealed by be a ground for denial of his or her ability to provide services and/or perform activities pursuant to this Contract and the checks above including substantiation for child abuse Provider chooses to retain such employee or neglect or other similar complaints or charges and volunteer, that decision may be considered a material breach of any convictions or arrests. this Contract.
G. The Provider shall immediately relay such notice to DCS. The Provider shall further collect from each Covered Personnel an annual attestation regarding whether that individual has any history of such substantiation, arrest or conviction and shall include any previously unreported information to DCS in its annual Certification (such Certification is included in Exhibit 1, which is attached hereto and hereby incorporated by reference).
(b) The Provider shall ensure all subcontractors have the required background checks. Each subcontractor must contact the DCS Central Office Background Check Unit (“COBCU”) and have the subcontractor name added to the fingerprint registration site and COBCU databases as a separate entity. The subcontractor cannot register under the name of the Provider.
(c) Each subcontractor will be responsible for coordinating with COBCU payment of all fees required to evaluate their results and resolve be paid for conducting any outstanding issuescheck required under this Section, whether the check is conducted by the Provider or by DCS. The subcontractor will Any fees paid by DCS on behalf of the Provider may be responsible offset against any claim for retaining their own background check results in their own personnel files but shall provide payment submitted by the primary contractor with the Exhibit 1 – Certification ofProvider under this Contract.
Appears in 2 contracts
Samples: Professional Services, Professional Services
Criminal and Background Checks – Added. A. This Section applies to all directors/chief executive officers, facility managers, licensing applicants and other heads of agencies, by whatever title, and each employee or volunteer (which includes including interns) who has or will have electronic or physical access to children's records or direct contact with children on a regular and continuing basis of the Contractor or any contact when a child(ren) is/are alone subcontractor or only with the Providersubcontractor’s staff in connection with performance of employee who performs any services service or activities activity pursuant to this Contract (“Covered Personnel”). To the extent applicable, the The Contractor (referred to in this Section as Provider) shall conduct be responsible for performing and ensuring Covered Personnel undergo all checks of local criminal history records and background checks backgrounds required by law, this Contract, and the applicable DCS’ policies, including those implemented by Administrative Letter, and applicable DCS policies found at xxxxx://xxx.xx.xxx/dcs/2354.htm (or successor website) (“Required Checks”). Any person who might serve as a substitute for a Covered Personnel position, even in emergency circumstances, shall undergo the Required Checks for that position. All required checks Required Checks must be completed and all outstanding issues resolved prior to the Covered Personnel commencing contractual duties. The Provider submitting has an ongoing obligation to conduct Required Checks for employees, volunteers, interns, subcontractors, and subcontractor’s employees who join the Provider or subcontractor(s) after this Contract for State signaturebegins. Such persons may not provide any services that involve children or their records before the requisite checks have been completed and all outstanding issues resolved.
B. The checks Required Checks will be conducted in the same manner as required for licensed residential child caring institutions, with respect to IC § 31-27-3-3, subsections (e)(1) and (f). As applicable laws and DCS' policies and practices are updated periodically, the Provider shall comply with the most current laws and DCS’ policies. Upon written request, DCS will furnish the Provider with information on updates and any changes in policy or procedure.
C. The Provider shall maintain records of information it gathers and receives on Covered Personnel checked pursuant to this Section. The applicable laws and DCS' policies and practices are updated periodically, and such records shall be provided to the DCS or be made available for inspection by authorized representatives of the DCS upon request.
D. At the time the Contractor submits this Contract for signature, and annually upon the anniversary of the effective date of this Contract, the Provider shall comply collect and verify all documentation demonstrating the Required Checks of Covered Personnel have been completed and are compliant with those current the then-existing law and DCS policy. The Provider shall furnish such documentation related to these Required Checks as DCS requests.
E. National fingerprint-based criminal history checks relating to Covered Personnel are required to be conducted through DCS’ approved fingerprint vendor in accordance with the terms and conditions stated in IC §§ 10-13-3-38.5 and 39. The results of the time national fingerprint-based criminal history checks will be returned to DCS as an authorized entity to receive the results. DCS will inform the Provider executes this Contract, adds Covered Personnel, renews this Contract, or reaches whether the anniversary date of commencement report it receives concerning the subject of a multi-year agreement. Upon request, DCS will furnish the Provider with information on updates and check shows any changes in policy or procedure. The current procedure requires the Provider record that would be grounds for denial of his/her ability to conduct the following checks:
(1) For those with direct contact with children on a regular and continuing basis or any contact when a child(ren) is/are alone or only with the Provider’s staff in connection with performance of any provide services or and/or perform activities pursuant to this Contract:
(a) Verify the identity . If any Covered Personnel receive a response of all individuals subject to criminal and background checks by viewing a current government issued picture I.D;
(b) Conduct Child Protection Services (“CPS”) checks for all states of residency in the past five (5) years (for Indianaconditionally disqualified or disqualified, send DCS an Indiana Request for A Child Protection Services History Check; for other states, see DCS' website on child welfare policies and contractor policies for web links to CPS records);
(c) Conduct National Sex Offender Registry checks for all states of residency in the past five (5) years (see DCS' website for web links for national sex offender registry checks);
(d) Conduct Local Law Enforcement checks with law enforcement agencies that would have responded to each residential address in the last five (5) years;
(e) Register and make appointment(s) for Fingerprint-Based National and State Checks through the State approved fingerprint vendor [The Provider must confirm that their name further follow up is available as a valid provider to be printed for DCS purposes on the State approved fingerprint vendors websiterequired. If the Provider cannot locate their name as result is disqualified, then the individual may be eligible for a valid provider under DCS on the registration/appointment website, no additional steps can be taken until the Provider contacts DCS at xxxxxxxxxx.xxxxxxxxx@xxx.xx.xxx for further instructions. Employee(s)/volunteer(s) should not be printed under a local DCS office or other Provider name.] and follow through with obtaining fingerprints; and
(f) Review Results of Criminal and Background Checks and take appropriate action as listed in the DCS Child Welfare Policy 13.4, Evaluation of Background Checks for DCS Contractors.
(2) For those with only electronic or physical access to children's records:
(a) Verify the identity of all individuals subject to criminal and background checks by viewing a current government issued picture I.D;
(b) Conduct Child Protection Services (“CPS”) checks for all states of residency in the past five (5) years (for Indiana, send DCS an Indiana Request for Child Protection Services History Check; for other states, see DCS' website on child welfare policies and contractor policies for web links to CPS records);
(c) Conduct National Sex Offender Registry checks for all states of residency in the past five (5) years (see DCS' website for web links for national sex offender registry checks); and
(d) Review Results of Criminal and Background Checks and take appropriate action as listed in the DCS Child Welfare Policy 13.4, Evaluation of Background Checks for DCS Contractors. All directors/chief executive officers, facility managers, and licensing applicants, regardless of their level of contact with children, shall have background checks commensurate with the highest level of background checks required of any other Covered Personnel within their organization. If no other Covered Personnel require background checks and no exception is granted for an administrative contract, they shall have the checks described in this paragraph A(2).
(3) For all Covered Personnel and Subcontractors:
(a) The Provider shall require Covered Personnel and subcontractors for this Contract to immediately notify the Provider of any information about them that would have been revealed by the checks above including substantiation for child abuse or neglect or other similar complaints or charges and of any convictions or arrestswaiver. The Provider shall immediately relay such notice to DCS. The Provider shall further collect from each Covered Personnel an annual attestation regarding whether that individual has any history of such substantiation, arrest or conviction and shall include any previously unreported information to DCS in its annual Certification (such Certification is included in Exhibit 1, which is attached hereto and hereby incorporated by reference).
(b) The Provider shall ensure all subcontractors have the required background checks. Each subcontractor must should contact the DCS Central Office Background Check Unit (“COBCU”) to determine if the individual is eligible and have to apply for the subcontractor name added waiver. DCS will not release to the fingerprint registration site and COBCU databases as Provider any criminal history record information contained in any report that it receives from the Federal Bureau of Investigation through the Indiana State Police. If the Provider requests a separate entity. The subcontractor cannot register under waiver of criminal history, DCS will inform the name Provider of the Providerdecision on the waiver request.
(c) Each subcontractor F. In the event a criminal history or background check required herein produces any record concerning the subject of a check that would be a ground for denial of his or her ability to provide services and/or perform activities pursuant to this Contract and the Provider chooses to retain such employee or volunteer, that decision may be considered a material breach of this Contract.
G. The Provider will be responsible for coordinating with COBCU payment of all fees required to evaluate their results and resolve be paid for conducting any outstanding issuescheck required under this Section, whether the check is conducted by the Provider or by DCS. The subcontractor Any fees paid by DCS on behalf of the Provider may be offset against any claim for payment submitted by the Provider under this Contract.
H. Upon request, DCS will be responsible for retaining their own background check results assist the Provider in their own personnel files but shall provide clarifying the primary contractor with the Exhibit 1 – Certification ofrequirements of this Section.
Appears in 1 contract
Samples: Professional Services
Criminal and Background Checks – Added. A. This Section applies to all directors/chief executive officers, facility managers, licensing applicants and other heads of agencies, by whatever title, and each employee or volunteer (which includes including interns) who has or will have electronic or physical access to children's records or direct contact with children on a regular and continuing basis of the Contractor or any contact when a child(ren) is/are alone subcontractor or only with the Providersubcontractor’s staff in connection with performance of employee who performs any services service or activities activity pursuant to this Contract (“Covered Personnel”). To the extent applicable, the The Contractor (referred to in this Section as Provider) shall conduct all checks of local criminal history records and background checks backgrounds required by law, this Contract, and the applicable DCS’ policiespolicies found at xxxxx://xxx.xx.xxx/dcs/2354.htm (or successor website), including those implemented by Administrative LetterLetter (“Required Checks”). All required checks Required Checks must be completed and all outstanding issues resolved prior to the Provider submitting this Contract for State signature. The checks Required Checks will be conducted in the same manner as required for licensed residential child caring institutions, with respect to IC § 31-27-3-3, subsections (e)(1) and (f), and the Provider shall maintain records of information it gathers and receives on Covered Personnel checked pursuant to this Section. The applicable laws and DCS' policies and practices are updated periodically, and the Provider shall comply with those current as of the time the Provider executes this Contract, adds Covered Personnel, renews this Contract, or reaches the yearly anniversary date of commencement of a multi-year contract agreement. Upon request, DCS will furnish the Provider with information on updates and any changes in policy or procedure.
B. The Provider shall be responsible for performing and ensuring Covered Personnel undergo appropriate Required Checks. Any person who might serve as a substitute for a Covered Personnel position, even in emergency circumstances, shall undergo the Required Checks for that position.
C. The Provider shall maintain a record of the results of each check conducted pursuant to this Section. The current procedure requires Provider shall, if requested by the State, provide a copy of that record to DCS or make the record available for inspection by an authorized representative of DCS.
D. At the time Contractor submits this Contract to the State for signature or within thirty (30) days after the effective date of this Contract, whichever is earlier, and annually upon the anniversary of the effective date of this Contract, the Provider shall collect, verify, and make available documentation demonstrating the Required Checks of Covered Personnel have been completed and are compliant with the most current law, this Contract, and DCS policy. The Provider shall furnish any documentation related to Required Checks as DCS requests. The Provider has an ongoing obligation to conduct Required Checks for employees, volunteers, interns, subcontractors, and subcontractor’s employees who join the following checks:Provider or subcontractor(s) after this Contract begins. Such persons may not provide any services that involve children or their records before the requisite checks have been completed and all outstanding issues resolved.
(1) For those with direct contact with children on a regular E. In order to allow DCS to evaluate the results and continuing basis or any contact when a child(ren) is/to make determinations regarding qualifications, national fingerprint-based criminal history checks relating to Covered Personnel are alone or only required to be conducted through DCS’ approved fingerprint vendor in accordance with the Provider’s staff terms and conditions stated in connection with performance IC §§ 10- 13-3-38.5 and 39. The results of the national fingerprint-based criminal history checks will be returned to DCS as an authorized entity to receive the results. DCS will inform the Provider whether the report it receives concerning the subject of a check shows any record that would be grounds for denial of his/her ability to provide services or and/or perform activities pursuant to this Contract:
. If any Covered Personnel receive a response of conditionally disqualified or disqualified, further follow up is required. If the result is disqualified, then the individual may be eligible for a waiver. The Provider should contact the DCS’ background check unit to determine if the individual is eligible and to apply for the waiver. DCS will not release to the Provider any criminal history record information (a"CHRI") Verify contained in any report that it receives from the identity Federal Bureau of all individuals subject to criminal and background checks by viewing a current government issued picture I.D;
Investigation (b"FBI") Conduct Child Protection Services (“CPS”) checks for all states of residency in the past five (5) years (for Indiana, send DCS an Indiana Request for A Child Protection Services History Check; for other states, see DCS' website on child welfare policies and contractor policies for web links to CPS records);
(c) Conduct National Sex Offender Registry checks for all states of residency in the past five (5) years (see DCS' website for web links for national sex offender registry checks);
(d) Conduct Local Law Enforcement checks with law enforcement agencies that would have responded to each residential address in the last five (5) years;
(e) Register and make appointment(s) for Fingerprint-Based National and State Checks through the Indiana State approved fingerprint vendor [The Provider must confirm that their name is available as a valid provider to be printed for DCS purposes on the State approved fingerprint vendors websitePolice ("ISP"). If the Provider cannot locate their name as requests a valid provider under waiver of criminal history, DCS on the registration/appointment website, no additional steps can be taken until the Provider contacts DCS at xxxxxxxxxx.xxxxxxxxx@xxx.xx.xxx for further instructions. Employee(s)/volunteer(s) should not be printed under a local DCS office or other Provider name.] and follow through with obtaining fingerprints; and
(f) Review Results of Criminal and Background Checks and take appropriate action as listed in the DCS Child Welfare Policy 13.4, Evaluation of Background Checks for DCS Contractors.
(2) For those with only electronic or physical access to children's records:
(a) Verify the identity of all individuals subject to criminal and background checks by viewing a current government issued picture I.D;
(b) Conduct Child Protection Services (“CPS”) checks for all states of residency in the past five (5) years (for Indiana, send DCS an Indiana Request for Child Protection Services History Check; for other states, see DCS' website on child welfare policies and contractor policies for web links to CPS records);
(c) Conduct National Sex Offender Registry checks for all states of residency in the past five (5) years (see DCS' website for web links for national sex offender registry checks); and
(d) Review Results of Criminal and Background Checks and take appropriate action as listed in the DCS Child Welfare Policy 13.4, Evaluation of Background Checks for DCS Contractors. All directors/chief executive officers, facility managers, and licensing applicants, regardless of their level of contact with children, shall have background checks commensurate with the highest level of background checks required of any other Covered Personnel within their organization. If no other Covered Personnel require background checks and no exception is granted for an administrative contract, they shall have the checks described in this paragraph A(2).
(3) For all Covered Personnel and Subcontractors:
(a) The Provider shall require Covered Personnel and subcontractors for this Contract to immediately notify will inform the Provider of the decision on the waiver request.
F. In the event a criminal history or background check required herein produces any information about them record concerning the subject of a check that would have been revealed by be a ground for denial of his or her ability to provide services and/or perform activities pursuant to this Contract and the checks above including substantiation for child abuse Provider chooses to retain such employee or neglect or other similar complaints or charges and volunteer, that decision may be considered a material breach of any convictions or arrests. this Contract.
G. The Provider shall immediately relay such notice to DCS. The Provider shall further collect from each Covered Personnel an annual attestation regarding whether that individual has any history of such substantiation, arrest or conviction and shall include any previously unreported information to DCS in its annual Certification (such Certification is included in Exhibit 1, which is attached hereto and hereby incorporated by reference).
(b) The Provider shall ensure all subcontractors have the required background checks. Each subcontractor must contact the DCS Central Office Background Check Unit (“COBCU”) and have the subcontractor name added to the fingerprint registration site and COBCU databases as a separate entity. The subcontractor cannot register under the name of the Provider.
(c) Each subcontractor will be responsible for coordinating with COBCU payment of all fees required to evaluate their results and resolve be paid for conducting any outstanding issuescheck required under this Section, whether the check is conducted by the Provider or by DCS. The subcontractor Any fees paid by DCS on behalf of the Provider may be offset against any claim for payment submitted by the Provider under this Contract.
H. Upon request, DCS will be responsible for retaining their own background check results assist the Provider in their own personnel files but shall provide clarifying the primary contractor with the Exhibit 1 – Certification ofrequirements of this Section.
Appears in 1 contract
Samples: Professional Services
Criminal and Background Checks – Added. A. To ensure Contractor remains in compliance with the Contract, the Contractor shall be responsible for modifying its practices to comply with all applicable federal laws, state of Indiana laws, administrative letters, and DCS policies 13.3 and 13.4, which includes, but are not limited to the following: This Section applies to all directors/chief executive officers, facility managers, licensing applicants and other heads of agencies, by whatever title, and each employee or volunteer (which includes including interns) who has or will have electronic or physical access to children's records or direct contact with children on a regular and continuing basis of the Contractor or any contact when a child(ren) is/are alone subcontractor or only with the Providersubcontractor’s staff in connection with performance of employee who performs any services service or activities activity pursuant to this Contract (“Covered Personnel”). To the extent applicable, the The Contractor (referred to in this Section as Provider) shall conduct be responsible for performing and ensuring Covered Personnel undergo all checks of local criminal history records and background checks backgrounds required by law, this Contract, and the applicable DCS’ policies, including those implemented by Administrative Letter, and applicable DCS policies found at xxxxx://xxx.xx.xxx/dcs/2354.htm (or successor website) (“Required Checks”). Any person who might serve as a substitute for a Covered Personnel position, even in emergency circumstances, shall undergo the Required Checks for that position. All required checks Required Checks must be completed and all outstanding issues resolved prior to the Covered Personnel commencing contractual duties. The Provider submitting has an ongoing obligation to conduct Required Checks for employees, volunteers, interns, subcontractors, and subcontractor’s employees who join the Provider or subcontractor(s) after this Contract for State signaturebegins. Such persons may not provide any services that involve children or their records before the requisite checks have been completed and all outstanding issues resolved. The checks Required Checks will be conducted in the same manner as required for licensed residential child caring institutions, with respect to IC § 31-27-3-3, subsections (e)(1) and (f), and the Provider shall maintain records of information it gathers and receives on Covered Personnel checked pursuant to this Section. The As applicable laws and DCS' DCS policies and practices are updated periodically, and the Provider shall comply with those the most current as of the time the Provider executes this Contract, adds Covered Personnel, renews this Contract, or reaches the anniversary date of commencement of a multi-year agreementlaws and DCS policies. Upon written request, DCS will furnish the Provider with information on updates and any changes in policy or procedure. The current procedure requires Provider shall maintain records of information it gathers and receives on Covered Personnel checked pursuant to this Section, and such records shall be provided to the DCS or be made available for inspection by authorized representatives of the DCS upon request. At the time the Contractor submits this Contract for signature, and annually upon the anniversary of the effective date of this Contract, the Provider shall collect, verify, and make available to conduct the following checks:
(1) For those with direct contact with children on a regular DCS all documentation demonstrating the Required Checks of Covered Personnel have been completed and continuing basis or any contact when a child(ren) is/are alone or only compliant with the Provider’s staff then-existing law and DCS policy. The Provider shall furnish any documentation related to these Required Checks as DCS requests. In order to allow DCS to evaluate the results and to make determinations regarding qualifications, national fingerprint-based criminal history checks relating to Covered Personnel are required to be conducted through DCS approved fingerprint vendor in connection accordance with performance the terms and conditions stated in IC §§ 10-13-3-38.5 and 39. The results of the national fingerprint-based criminal history checks will be returned to DCS as an authorized entity to receive the results. DCS will inform the Provider whether the report it receives concerning the subject of a check shows any record that would be grounds for denial of his/her ability to provide services or and/or perform activities pursuant to this Contract:
. If any Covered Personnel receive a response of conditionally disqualified or disqualified, further follow up is required. If the result is disqualified, then the individual may be eligible for a waiver. The Provider should contact the DCS background check unit to determine if the individual is eligible and to apply for the waiver. DCS will not release to the Provider any criminal history record information (a"CHRI") Verify contained in any report that it receives from the identity Federal Bureau of all individuals subject to criminal and background checks by viewing a current government issued picture I.D;
Investigation (b"FBI") Conduct Child Protection Services (“CPS”) checks for all states of residency in the past five (5) years (for Indiana, send DCS an Indiana Request for A Child Protection Services History Check; for other states, see DCS' website on child welfare policies and contractor policies for web links to CPS records);
(c) Conduct National Sex Offender Registry checks for all states of residency in the past five (5) years (see DCS' website for web links for national sex offender registry checks);
(d) Conduct Local Law Enforcement checks with law enforcement agencies that would have responded to each residential address in the last five (5) years;
(e) Register and make appointment(s) for Fingerprint-Based National and State Checks through the Indiana State approved fingerprint vendor [The Provider must confirm that their name is available as a valid provider to be printed for DCS purposes on the State approved fingerprint vendors websitePolice ("ISP"). If the Provider cannot locate their name as requests a valid provider under waiver of criminal history, DCS on the registration/appointment website, no additional steps can be taken until the Provider contacts DCS at xxxxxxxxxx.xxxxxxxxx@xxx.xx.xxx for further instructions. Employee(s)/volunteer(s) should not be printed under a local DCS office or other Provider name.] and follow through with obtaining fingerprints; and
(f) Review Results of Criminal and Background Checks and take appropriate action as listed in the DCS Child Welfare Policy 13.4, Evaluation of Background Checks for DCS Contractors.
(2) For those with only electronic or physical access to children's records:
(a) Verify the identity of all individuals subject to criminal and background checks by viewing a current government issued picture I.D;
(b) Conduct Child Protection Services (“CPS”) checks for all states of residency in the past five (5) years (for Indiana, send DCS an Indiana Request for Child Protection Services History Check; for other states, see DCS' website on child welfare policies and contractor policies for web links to CPS records);
(c) Conduct National Sex Offender Registry checks for all states of residency in the past five (5) years (see DCS' website for web links for national sex offender registry checks); and
(d) Review Results of Criminal and Background Checks and take appropriate action as listed in the DCS Child Welfare Policy 13.4, Evaluation of Background Checks for DCS Contractors. All directors/chief executive officers, facility managers, and licensing applicants, regardless of their level of contact with children, shall have background checks commensurate with the highest level of background checks required of any other Covered Personnel within their organization. If no other Covered Personnel require background checks and no exception is granted for an administrative contract, they shall have the checks described in this paragraph A(2).
(3) For all Covered Personnel and Subcontractors:
(a) The Provider shall require Covered Personnel and subcontractors for this Contract to immediately notify will inform the Provider of the decision on the waiver request. In the event a criminal history or background check required herein produces any information about them record concerning the subject of a check that would have been revealed by be a ground for denial of his or her ability to provide services and/or perform activities pursuant to this Contract and the checks above including substantiation for child abuse Provider chooses to retain such employee or neglect or other similar complaints or charges and volunteer, that decision may be considered a material breach of any convictions or arreststhis Contract. The Provider shall immediately relay such notice to DCS. The Provider shall further collect from each Covered Personnel an annual attestation regarding whether that individual has any history of such substantiation, arrest or conviction and shall include any previously unreported information to DCS in its annual Certification (such Certification is included in Exhibit 1, which is attached hereto and hereby incorporated by reference).
(b) The Provider shall ensure all subcontractors have the required background checks. Each subcontractor must contact the DCS Central Office Background Check Unit (“COBCU”) and have the subcontractor name added to the fingerprint registration site and COBCU databases as a separate entity. The subcontractor cannot register under the name of the Provider.
(c) Each subcontractor will be responsible for coordinating with COBCU payment of all fees required to evaluate their results and resolve be paid for conducting any outstanding issuescheck required under this Section, whether the check is conducted by the Provider or by DCS. The subcontractor will Any fees paid by DCS on behalf of the Provider may be responsible offset against any claim for retaining their own background check results in their own personnel files but shall provide payment submitted by the primary contractor with the Exhibit 1 – Certification ofProvider under this Contract.
Appears in 1 contract
Samples: Professional Services Contract
Criminal and Background Checks – Added. A. This Section applies to all directors/chief executive officers, facility managers, licensing applicants and other heads of agencies, by whatever title, and each employee or volunteer (which includes interns) who has or will have electronic or physical access to children's records or direct contact with children on a regular and continuing basis or any contact when a child(ren) is/are alone or only with the Provider’s staff in connection with performance of any services or activities pursuant to this Contract (“Covered Personnel”). To the extent applicable, the Contractor (referred to in this Section as Provider) shall conduct all criminal history and background checks required by law, this Contract, and the applicable DCS’ State’s policies, including those implemented by Administrative Letter. All required checks must be completed and all outstanding issues resolved prior to the Provider submitting this Contract for State signature. The checks will be conducted in the same manner as required for licensed residential child caring institutions, with respect to IC 31-27-3-3, subsections (e)(1) and (f), and the Provider shall maintain records of information it gathers and receives on Covered Personnel checked pursuant to this Section. The applicable laws and DCS' State's policies and practices are updated periodically, and the Provider shall comply with those current as of the time the Provider executes this Contract, adds Covered Personnel, renews this Contract, or reaches the anniversary date of commencement of a multi-year agreement. Upon request, DCS State will furnish the Provider with information on updates and any changes in policy or procedure. The current procedure requires the Provider to conduct the following checks:
(1) For those with direct contact with children on a regular and continuing basis or any contact when a child(ren) is/are alone or only with the Provider’s staff in connection with performance of any services or activities pursuant to this Contract:
(a) Verify the identity of all individuals subject to criminal and background checks by viewing a current government issued picture I.D;
(b) Conduct Child Protection Services (“CPS”) checks for all states of residency in the past five (5) years (for Indiana, send DCS State an Indiana Request for A Child Protection Services History Check; for other states, see DCS' State's website on child welfare policies and contractor policies for web links to CPS records);
(c) Conduct National Sex Offender Registry checks for all states of residency in the past five (5) years (see DCS' State's website for web links for national sex offender registry checks);
(d) Conduct Local Law Enforcement checks with law enforcement agencies that would have responded to each residential address in the last five (5) years;
(e) Register and make appointment(s) for Fingerprint-Based National and State Checks through the State approved fingerprint vendor [The Provider must confirm that their name is available as a valid provider to be printed for DCS State purposes on the State approved fingerprint vendors website. If the Provider cannot locate their name as a valid provider under DCS State on the registration/appointment website, no additional steps can be taken until the Provider contacts DCS State at xxxxxxxxxx.xxxxxxxxx@xxx.xx.xxx for further instructions. Employee(s)/volunteer(s) should not be printed under a local DCS State office or other Provider name.] and follow through with obtaining fingerprints; and
(f) Review Results of Criminal and Background Checks and take appropriate action as listed in the DCS Child Welfare Policy 13.4, Evaluation of Background Checks for DCS Contractors.
(2) For those with only electronic or physical access to children's records:
(a) Verify the identity of all individuals subject to criminal and background checks by viewing a current government issued picture I.D;
(b) Conduct Child Protection Services (“CPS”) checks for all states of residency in the past five (5) years (for Indiana, send DCS State an Indiana Request for Child Protection Services History Check; for other states, see DCS' State's website on child welfare policies and contractor policies for web links to CPS records);
(c) Conduct National Sex Offender Registry checks for all states of residency in the past five (5) years (see DCS' State's website for web links for national sex offender registry checks); and
(d) Review Results of Criminal and Background Checks and take appropriate action as listed in the DCS Child Welfare Policy 13.4, Evaluation of Background Checks for DCS Contractors. All directors/chief executive officers, facility managers, and licensing applicants, regardless of their level of contact with children, shall have background checks commensurate with the highest level of background checks required of any other Covered Personnel within their organization. If no other Covered Personnel require background checks and no exception is granted for an administrative contract, they shall have the checks described in this paragraph A(2).
(3) For all Covered Personnel and Subcontractors:
(a) The Provider shall require Covered Personnel and subcontractors for this Contract to immediately notify the Provider of any information about them that would have been revealed by the checks above including substantiation for child abuse or neglect or other similar complaints or charges and of any convictions or arrests. The Provider shall immediately relay such notice to DCSState. The Provider shall further collect from each Covered Personnel an annual attestation regarding whether that individual has any history of such substantiation, arrest or conviction and shall include any previously unreported information to DCS State in its annual Certification (such Certification is included in Exhibit 1, which is attached hereto and hereby incorporated by reference).
(b) The Provider shall ensure all subcontractors have the required background checks. Each subcontractor must contact the DCS Central Office Background Check Unit (“COBCU”) and have the subcontractor name added to the fingerprint registration site and COBCU databases as a separate entity. The subcontractor cannot register under the name of the Provider.
(c) Each subcontractor will be responsible for coordinating with COBCU to evaluate their results and resolve any outstanding issues. The subcontractor will be responsible for retaining their own background check results in their own personnel files but shall provide the primary contractor with the Exhibit 1 – Certification ofof Completion of Required Criminal and Background Checks. Except for A(3)(a) above, the required checks must be performed every four
(4) years based on the anniversary of the individual Covered Personnel’s initial checks.
B. The Provider shall be responsible for assessing job responsibilities and categorizing Covered Personnel as subject to A(1), A(2), or as not-covered and for performing the appropriate checks. Any Covered Personnel who might serve as a substitute for a covered position, even in emergency circumstances, should undergo the checks required for that covered position.
C. The Provider shall maintain a record of the results of each check conducted pursuant to this Section. The Provider shall, if requested by the State, provide a copy of that record to State or make the record available for inspection by an authorized representative of State.
D. With respect to any current Covered Personnel, the Provider shall submit the form attached hereto as Exhibit 1 (or a similar form as updated by State) at the time it submits this Contract to the State for signature or within thirty (30) days after the effective date of this Contract, whichever is earlier, and annually upon the anniversary of the effective date of the Contract. Exhibit 1 will certify that the requirements under paragraph A of this Section have been completed. A spreadsheet listing the Provider’s current Covered Personnel that have received the requisite criminal and background checks (Exhibit 1, Page 2) shall be submitted as part of Exhibit 1. The Provider shall furnish any other documentation related to background checks as State requests. The Provider has an ongoing obligation to assess job responsibilities and to conduct appropriate checks for employees or volunteers who join the Provider after this Contract begins. Such staff may not provide any services that involve contact with children before the requisite checks have been completed and all outstanding issues resolved.
E. In order to allow State to evaluate the results and to make determinations regarding qualifications, national fingerprint-based criminal history checks relating to Covered Personnel are required to be conducted through State’s approved fingerprint vendor in accordance with the terms and conditions stated in IC 10-13-3-38.5, and 39. The results of the national fingerprint-based criminal history checks will be returned to State as an authorized entity to receive the results. State will inform the Provider whether the report it receives concerning the subject of a check shows any record that would be grounds for denial of his/her ability to provide services and/or perform activities pursuant to this Contract. If any Covered Personnel receive a response of conditionally disqualified or disqualified, further follow up is required. If the result is disqualified, then the individual may be eligible for a waiver. The Provider should contact the State’s background check unit to determine if the individual is eligible and to apply for the waiver. State will not release to the Provider any criminal history record information ("CHRI") contained in any report that it receives from the Federal Bureau of Investigation ("FBI") through the Indiana State Police ("ISP"). If the Provider requests a waiver of criminal history, State will inform the Provider of the decision on the waiver request.
F. In the event a criminal history or background check required herein produces any record concerning the subject of a check that would be a ground for denial of his/her ability to provide services and/or perform activities pursuant to this Contract and the Provider chooses to retain such employee or volunteer, that decision may be considered a material breach of this Contract.
G. The Provider will be responsible for payment of all fees required to be paid for conducting any check required under this Section, whether the check is conducted by the Provider or by State. Any fees paid by State on behalf of the Provider may be offset against any claim for payment submitted by the Provider under this Contract.
H. Upon request, State will assist the Provider in clarifying the requirements of this Section.
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Samples: Professional Services
