Individuals who provide direct services to senior citizens in Kentucky may not have a criminal history. In addition, employees with felony convictions related to theft, abuse or sale of illegal drugs, abuse or neglect of an adult, or the commission of a sex crime may not be employed by state-funded social service agencies or nursing facilities in jobs involving personal or group interaction between the employee and a senior citizen.
Applications for employment for these positions must prominently state: FOR THIS TYPE OF EMPLOYMENT STATE LAW REQUIRES A CRIMINAL RECORD CHECK AS A CONDITION OF EMPLOYMENT. Criminal records must also be obtained for individuals seeking employment in nursing facilities that do not cater specifically to senior citizens.
An employer may request from the Justice Cabinet or the Administrative Office of the Courts the criminal records of any person who applies for employment or volunteers for a position that would involve supervisory or disciplinary power over a minor. Requested information includes all available convictions involving any (1) felony or misdemeanor sexual offense or offense involving pornography; or (2) misdemeanor committed within the five years immediately preceding the application involving controlled substances or DUI conviction.
Child care centers may not employ any person who is a violent offender or has been convicted of a sex crime in a position that involves supervisory or disciplinary power or direct contact over a minor.
School superintendents must require a national and state criminal background
check, including a fingerprint check, on all newly certified hires. Individuals
who were employed in another certified position in a Kentucky school district
within six months of the date of hire, and who had previously submitted to a
national and state criminal background check for the previous employment are
exempt from the background check requirement. If a vacancy occurs during a
school term, a superintendent may employ an individual who will have supervisory
or disciplinary authority over minors on a probationary basis, pending receipt
of the criminal history background check. Superintendents may not employ
individuals who are violent offenders or who have been convicted of a sex crime.
However, a superintendent may employ, at the superintendent's discretion,
persons convicted of sex crimes classified as misdemeanors.