Who is required to have his/ her criminal history record checked?
Applicants for employment or volunteer service for positions that would involve “regular and substantial unsupervised or unrestricted physical contact with clients” are required to have their criminal history information obtained and reviewed by OMH. This would include persons who were already employed or retained by a provider before the law went into effect (April 2005) but who seek to move to a new position on or after that date that would involve this level of contact. The law also requires new “natural person operators” of OMH licensed providers to have criminal history record checks (a “natural person operator” is a human being with ownership interest in the provider). A person who meets these criteria is referred to as a “subject individual” under the law.
Applicants for employment or volunteer service for positions that would involve “regular and substantial unsupervised or unrestricted physical contact with clients” are required to have their criminal history information obtained and reviewed by OMH. This would include persons who were already employed or retained by a provider before the law went into effect (April 2005) but who seek to move to a new position on or after that date that would involve this level of contact. The law also requires new “natural person operators” of OMH licensed providers to have criminal history record checks (a “natural person operator” is a human being with ownership interest in the provider). A person who meets these criteria is referred to as a “subject individual” under the law. It is important that the prospective employee/volunteer be your “final” candidate for the position. The criminal history background check process should not be used as a screening tool for candidates.
