New Law on Criminal Background Checks
03/06/08
Yesterday, House Bill 4500 was enacted by the Legislature. HB 4500 amended West Virginia Code § 15-2C-1 to include access to the West Virginia Central Abuse Registry by any "qualified entity." The term "qualified entity" was added to teh definitions portion of Article 2C, and broadened the scope of entities entitled to use the Registry for background checks. In short, employers who provide care, treatment, education, training, instruction, supervision or recreation for children, elderly individuals, or individuals with disabilities may utilize the state's Central Abuse Registry for part of its screening process for its current and/or prospective employees. In addition to prospective employees and volunteers, contractors and vendors who would have unsupervised access to such individuals would also be subject to the screening process.
In order to verify eligibility as a qualified entity, the business, agency or organization must apply to the West Virginia State Police. Once verified as a qualified entity by the West Virginia State Police, the entity must keep all records necessary to facilitate a security audit by the West Virginia State Police and must cooperate in such audits as the West Virginia State Police or other authorities may deem necessary.
Any employer that provides care, treatment, education, training, instruction, supervision or recreation for children, elderly individuals, or individuals wiht disabilities is encouraged to apply for verification as a qualified entity as soon as practicable. If you need assistance in this regard, or would like to speak with one of our attorneys about this issue, please feel free to contact Jason Winnell at jwinnell@baileywyant.com or give us a call at the Charleston office (304.345.4222) or the Wheeling Office (304.233.3100).
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