(a)        Authority. – The Department of Public Safety may provide to any of the following entities a criminal record check of an individual who is employed by that entity, has applied for employment with that entity, or has volunteered to provide direct care on behalf of that entity:

(1)        Hospitals licensed under Chapter 131E of the N.C. Gen. Stat..

(2)        Hospices licensed under Chapter 131E of the N.C. Gen. Stat..

(3)        Child placing agencies licensed under Chapter 131D of the N.C. Gen. Stat..

(4)        Residential child care facilities licensed under Chapter 131D of the N.C. Gen. Stat..

(5)        Hospitals licensed under Chapter 122C of the N.C. Gen. Stat..

(6)        Licensed child care facilities and nonlicensed child care homes regulated by the State.

(7)        Any other organization or corporation, whether for profit or nonprofit, that provides direct care or services to children, the sick, the disabled, or the elderly.

(b)        Procedure. – A criminal record check may be conducted by using an individual’s fingerprint or any information required by the Department of Public Safety to identify that individual. A criminal record check shall be provided only if the individual whose record is checked consents to the record check. The information shall be kept confidential by the entity that receives the information. Upon the disclosure of confidential information under this section by the entity, the Department may refuse to provide further criminal record checks to that entity.

(c)        Foster or Adoptive Parent. – The Department of Public Safety, at the request of a child placing agency licensed under Chapter 131D of the N.C. Gen. Stat. or a local department of social services, may provide a criminal record check of a prospective foster care or adoptive parent if the prospective parent consents to the record check. The information shall be kept confidential and upon the disclosure of confidential information under this section by the agency or department, the Department may refuse to provide further criminal record checks to that agency or department.

(d)       Fee. – The Department may charge a fee to offset the cost incurred by it to conduct a criminal record check under this section. The fee may not exceed fourteen dollars ($14.00). ?(1993, c. 403, s. 1; 1995, c. 453, s. 1; 1995 (Reg. Sess., 1996), c. 606, s. 1; 1997-506, s. 38; 2000-154, s. 5; 2003-214, s. 1(2); 2014-100, ss. 17.1(m), (o).)

Terms Used In North Carolina General Statutes 143B-932

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
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