16 Del. Admin. Code § 3105-5.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 3105-5.0 - Rap-back

5.1 The BCC Rap back is designed to accomplish two objectives:

5.1.1 To provide the employer with refreshed information related to the criminal convictions of an employee in order to ensure the safety of the residents served and;

5.1.2 To reduce the frequency of criminal background checks by maintaining current information regarding each employee's criminal record, avoiding the need to repeat the processing of criminal histories.

5.2 The BCC automatically conducts a Rap-back on all employees listed on the Master List. The Rap-back process will provide DLTCRP with information regarding any new arrest or conviction in the state. DLTCRP will determine, at its discretion and depending of the nature of the alleged crime, whether or not to inform the employer of the arrest. DLTCRP will monitor the charge until there is a disposition. When the disposition is known, DLTCRP will inform the Employer of the outcome.

5.3 The Rap-back does not include convictions reported through the FBI. In order to capture that information, a person who is an Applicant is subject to a criminal background check if the previous check is 3 years old or older.

16 Del. Admin. Code § 3105-5.0