Background checks for employees and board members

(A) No person may be employed by the Department of Children's Advocacy or may serve on the state or a local foster care review board if the person: (1) is the subject of an indicated report or affirmative determination of abuse or neglect as maintained by the Department of Social Services in the Central Registry of Child Abuse and Neglect pursuant to subarticle 13, Article 3, Chapter 7; (2) has been convicted of or pled guilty or nolo contendere to: (a) an "offense against the person" as provided for in Title 16, Chapter 3; (b) an "offense against morality or decency" as provided for in Title 16, Chapter 15; or (c) contributing to the delinquency of a minor, as provided for in Section 16-17-490. (B) Before a person is employed by the Division for Review of the Foster Care of Children or before an appointment or reappointment is made to the state or a local foster care review board, the division shall submit the name of the potential employee or a list containing the names, addresses, and social security numbers of persons nominated to serve on the state or local boards to the Department of Social Services for a records check of indicated reports or affirmative determinations from the Central Registry of Child Abuse and Neglect and to SLED for a criminal records background check to certify that no potential employee or person nominated to serve on the state or a local board is in violation of subsection (A). A list of the persons employed by the division or serving on the state or local boards also must be submitted annually to the Department of Social Services for a records check of indicated reports or affirmative determinations to certify that no person employed by the division or serving on a board is in violation of subsection (A)(1). The division may not be charged by the Department of Social Services for these records checks.