§ 3490.127. Information relating to prospective child care personnel.
(a) The administrator of a child care service may employ applicants on a provisional basis for a single period of employment pending the receipt of the required clearances in accordance with section 6344 of the CPSL (relating to information relating to prospective child-care personnel).
(b) The maximum period of employment allowed for a provisional employe is as follows:
(1) Thirty calendar days for an applicant residing in this Commonwealth.
(2) Ninety calendar days for an out-of-State applicant.
(c) The administrator may employ an applicant on a provisional basis if the administrator has no knowledge or information that would disqualify the applicant from employment in accordance with section 6344 of the CPSL and if the applicant has complied with each of the following:
(1) Mailed the requests for the required clearances to ChildLine, the State Police and the FBI, if applicable.
(2) Provided copies of these completed request forms for clearances to the administrator to retain as a condition of provisional employment.
(3) Sworn or affirmed in writing that the applicant was not disqualified from employment under section 6344 of the CPSL or an equivalent out-of-State crime.
(d) During the 30- or 90-day provisional period, the provisional employe may not be permitted to work alone with children and shall work within the vicinity of a permanent employe.
(e) If the provisional employe does not submit the required clearances within 30- or 90-calendar days of employment, whichever is applicable, the administrator shall do one of the following:
(1) Dismiss the provisional employe until the required clearances are received.
(2) Lay off or place the provisional employe on leave with or without pay until the clearances are received.
(3) Retain and reassign the provisional employe to a position that does not involve direct contact with children.
(f) A provisional employe shall be immediately dismissed from employment if he is disqualified from employment under section 6344 of the CPSL.
The provisions of this § 3490.127 adopted April 27, 1990, effective April 28, 1990 and apply retroactively to January 5, 1988, 20 Pa.B. 2286; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513. Immediately preceding text appears at serial page (211752).
This section cited in 55 Pa. Code § 3490.121 (relating to definitions).
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