Section 3490.122. Responsibilities of an applicant, prospective operator or legal entity of a child care service

(a) An applicant or prospective operator of a child care service shall submit a request for verification on forms provided by the Department. The request for verification shall include a check or money order for the fee charged by the Department, payable to the Department of Human Services, which will not exceed $10. Prospective workfare program participants are exempt from payment of the fee. To obtain a form for the clearance statement, an applicant may call the ChildLine verification unit at [phone] and request a Pennsylvania Child Abuse History Clearance Form.

(b) A person who applies to the Department or the Department of Health to operate a child care service shall comply with procedures established by these Departments for documentation of compliance with the requirements for reports of child abuse and criminal record history information.

(c) An administrator, or other person responsible for hiring decisions, may not hire or contract with an applicant, nor may a prospective operator be issued a certificate of compliance or registration if the Department has verified that the applicant or prospective operator is named in the Statewide Central Register as the perpetrator of a founded report of child abuse committed within 5 years or less prior to the request for verification.

(d) An administrator, or other person responsible for hiring decisions, may not hire or contract with an applicant, nor may a prospective operator be issued a certificate of compliance or registration if the applicant’s criminal history record information dictates that the applicant or prospective operator has been convicted of a crime as specified in section 6344 of the CPSL (relating to information relating to prospective child-care personnel) or an equivalent out-of-State crime as determined by the Department.

(e) An administrator, or other person responsible for hiring decisions, may not hire or contract with an applicant, nor may a prospective operator be issued a certificate of compliance or registration if the applicant’s report of criminal history record verification or the report of child abuse record information was obtained more than 1 year prior to the date of application.

(f) An applicant or prospective operator of a child care service located in this Commonwealth who is not a resident of this Commonwealth is required to obtain a report of criminal history record from the Federal Bureau of Investigation according to procedures established by the Department and on forms provided by ChildLine.

The provisions of this § 3490.122 adopted December 27, 1985, effective January 1, 1986, 15 Pa.B. 4629; amended April 27, 1990, effective April 28, 1990, 20 Pa.B. 2286; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513. Immediately preceding text appears at serial pages (211748) to (211749).

Notation

Cross References

This section cited in 55 Pa. Code § 3490.121 (relating to definitions).