2012 Vermont Statutes
Title 33 Human Services
Chapter 69 REPORTS OF ABUSE, NEGLECT, AND EXPLOITATION OF VULNERABLE ADULTS
§ 6914 Access to criminal records

§ 6914. Access to criminal records

(a) The commissioner may obtain from the Vermont crime information center the record of convictions of any person to the extent that the commissioner has determined by rule that such information is necessary to protect vulnerable adults.

(b) An employer may ask the commissioner to obtain from the Vermont crime information center the record of convictions of a person who is a current employee, volunteer or contractor, or a person to whom the employer has given a conditional offer of a contract, volunteer position, or employment. The request shall be in writing and shall be accompanied by a release by the current or prospective contractor or employee. If the person has a record of convictions, the commissioner shall inform the employer of the date and type of conviction.

(c) A person or organization serving vulnerable adults by assisting with employer functions, offering, providing, or arranging for home sharing, personal care services, developmental services, or mental health services for vulnerable adults, may submit a request to the commissioner concerning an individual who has applied to provide such services or an individual who is already so engaged. The request shall be in writing, and shall be accompanied by a release from the individual applying for or already providing such services. If the individual has a record of convictions, the commissioner shall inform the person or organization submitting the request of the date and type of conviction.

(d) The commissioner of health, or the commissioner's designee, for purposes related to oversight and monitoring of persons who are served by or compensated with funds provided by the department of health, may ask the Vermont crime information center for the record of convictions of a person who is a current employee, volunteer or contractor, or a person to whom the employer has given a conditional offer of a contract, volunteer position, or employment. If the individual has a record of convictions, the Vermont crime information center shall inform the commissioner, or the commissioner's designee, of the date and type of conviction.

(e) Information released to an employer under this section shall not be released or disclosed by the employer to any person. Any person who violates this subsection shall be fined not more than $500.00.

(f) Volunteers shall be considered employees for purposes of this section.

(g) As used in this section, "commissioner" means the commissioner of the department of disabilities, aging, and independent living or the commissioner of health or the commissioner's designees. (Added 1993, No. 100, § 9; amended 1995, No. 51, § 2; 1995, No. 174 (Adj. Sess.), § 3; 2001, No. 135 (Adj. Sess.), § 9, eff. June 13, 2002; 2005, No. 174 (Adj. Sess.), § 133.)