Report Title:

Office of Youth Services Record Checks

 

Description:

Authorizes the Director of Human Services to conduct child abuse record checks as part of the record checks for all current staff and new staff members of the Hawaii youth correctional facilities.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

1102

TWENTY-FIFTH LEGISLATURE, 2009

 

STATE OF HAWAII

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO RECORD CHECKS FOR THE OFFICE OF YOUTH SERVICES.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Section 352-5.5, Hawaii Revised Statutes, is amended to read as follows:

     "§352-5.5  Criminal history and child abuse record checks.  (a)  The department shall develop standards to ensure the reputable and responsible characters of staff members of the Hawaii youth correctional [facility] facilities which shall include criminal history record checks in accordance with section 846-2.7[.] and child abuse record checks.

     (b)  Staff members, as defined in section 352-5, including any new staff members, shall:

     (1)  Be subject to criminal history record checks in accordance with section 846-2.7[;] and child abuse record checks; and

     (2)  Provide consent to the department to obtain other criminal history and child abuse record information for verification.

New staff members shall be fingerprinted within five working days of beginning employment for the purpose of complying with the criminal history record check.

     (c)  The department shall obtain criminal history record information through the Hawaii criminal justice data center and child abuse record information from the department on all staff members and new staff members of the Hawaii youth correctional [facility.] facilities.  The department shall conduct an annual name inquiry into the state criminal history record files[.] and the department's child abuse record files.

     (d)  The department may deny employment to a staff member or new staff member who was convicted of a crime other than a minor traffic violation involving $50 or less or has a documented history of child abuse and neglect and if the department finds that because of the criminal history or child abuse record of the staff member or new staff member, the staff member poses a risk to the health, safety, security, or well-being of youths under supervision and confinement."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 

By Request