1.    Upon a determination by the department a criminal history record check is appropriate, the following individuals are to obtain two sets of the individual‘s fingerprints from a law enforcement agency or other local agency authorized to take fingerprints:

a.    A provider holding or an applicant for early childhood services licensure, self-declaration, or in-home provider registration; b.    Emergency designees and staff members of providers holding and applicants for early childhood services licensure, self-declaration, or in-home provider registration; and

c.    Household members of a residence out of which early childhood services are provided.

2.    The individual shall request the agency to submit the fingerprints and a completed fingerprint card for each set to the department.

3.    If the department has no record of a confirmed decision for child abuse or neglect, the department shall submit the fingerprints to the bureau of criminal investigation to determine if there is any criminal history record information regarding the applicant, household members, or staff members in accordance with section 12-60-24.

4.    The results of the investigations must be forwarded to the department.

5.    The department may charge a fee not to exceed thirty dollars for the purpose of processing the criminal history record information application.

6.    The department is not subject to the fee imposed under section 12-60-16.9 when requesting criminal history record information from the bureau of criminal investigation.

7. An agency that takes fingerprints as provided under this section may charge a reasonable fee to offset the costs of the fingerprinting.

8.    The department may use background investigation findings to determine approval, denial, or revocation of an early childhood services license, self-declaration, or in-home registration.

9.    Any individual who is providing early childhood services solely for the provider’s own children, grandchildren, nieces, nephews, and cousins as an in-home provider may not be required to submit to a criminal history record check authorized under section 50-06-01.9.

    10.    Unless an individual was separated from employment by a provider of early childhood services for more than one hundred eighty days, a criminal history record check conducted under this section and subsection 3 of section 50-06-01.9 is valid for five years, after which the department shall require another criminal history record check.