2009 Kentucky Revised Statutes CHAPTER 17 PUBLIC SAFETY 17.165 Definitions -- Criminal record check for job applicants at child-care centers -- Restrictions on employing violent offenders or persons convicted of sex crimes.
17.165 Definitions -- Criminal record check for job applicants at child-care centers
-- Restrictions on employing violent offenders or persons convicted of sex <br>crimes.
(1) As used in this section, "sex crime" means a conviction or a plea of guilty to a sex
crime specified in KRS 17.500.
(2) As used in this section, "violent offender" means any person who has been
convicted of or pled guilty to the commission of a capital offense, Class A felony, <br>or Class B felony involving the death of the victim, or rape in the first degree or <br>sodomy in the first degree of the victim or serious physical injury to a victim.
(3) As used in this section, "violent crime" shall mean a conviction of or a plea of guilty
to the commission of a capital offense, Class A felony, or Class B felony involving <br>the death of the victim, or rape in the first degree or sodomy in the first degree of <br>the victim or serious physical injury to a victim.
(4) No child-care center as defined in KRS 199.894 shall employ, in a position which
involves supervisory or disciplinary power over a minor, or direct contact with a <br>minor, any person who is a violent offender or has been convicted of a sex crime. <br>Each child-care center shall request all conviction information for any applicant for <br>employment from the Justice and Public Safety Cabinet or the Administrative <br>Office of the Courts prior to employing the applicant.
(5) No child-care provider that is required to be certified under KRS 199.8982 or that
receives a public child-care subsidy administered by the cabinet or an adult who <br>resides on the premises of the child-care provider and has direct contact with a <br>minor shall have been convicted of a violent crime, or a sex crime, or have been <br>found by the Cabinet for Health and Family Services or a court to have abused or <br>neglected a child.
(6) Each application form, provided by the employer to the applicant, shall
conspicuously state the following: "FOR THIS TYPE OF EMPLOYMENT, <br>STATE LAW REQUIRES A CRIMINAL RECORD CHECK AS A CONDITION <br>OF EMPLOYMENT."
(7) Any request for records under subsection (4) of this section shall be on a form
approved by the Justice and Public Safety Cabinet or the Administrative Office of <br>the Courts, and the cabinet may charge a fee to be paid by the applicant in an <br>amount no greater than the actual cost of processing the request.
(8) The provisions of this section shall apply to all applicants for initial employment in
a position which involves supervisory or disciplinary power over a minor after July <br>15, 1988.
Effective: June 26, 2007 <br>History: Amended 2007 Ky. Acts ch. 85, sec. 89, effective June 26, 2007. -- Amended
2006 Ky. Acts ch. 182, sec. 1, effective July 12, 2006. -- Amended 2005 Ky. Acts <br>ch. 99, sec. 92, effective June 20, 2005. -- Amended 2000 Ky. Acts ch. 308, sec. 25, <br>effective July 14, 2000. -- Repealed, reenacted, and amended 1988 Ky. Acts ch. 345, <br>sec. 1, effective July 15, 1988. -- Created 1986 Ky. Acts ch. 475, sec. 1, effective <br>July 15, 1988.
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