[Code of Federal Regulations]

[Title 45 Volume 4]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR1301.31]



[Page 95-96]

 

                        TITLE 45--PUBLIC WELFARE

 

CHAPTER XIII--OFFICE OF HUMAN DEVELOPMENT SERVICES, DEPARTMENT OF HEALTH 

                           AND HUMAN SERVICES

 

PART 1301_HEAD START GRANTS ADMINISTRATION--Table of Contents

 

             Subpart D_Personnel and General Administration

 

Sec.  1301.31  Personnel policies.



    (a) Written policies. Grantee and delegate agencies must establish 

and implement written personnel policies for staff, that are approved by 

the Policy Council or Policy Committee and that are made available to 

all grantee and delegate agency staff. At a minimum, such policies must 

include:

    (1) Descriptions of each staff position, addressing, as appropriate, 

roles and responsibilities, relevant qualifications, salary range, and 

employee benefits (see 45 CFR 1304.52(c) and (d));

    (2) A description of the procedures for recruitment, selection and 

termination (see paragraph (b) of this Section, Staff recruitment and 

selection procedures);



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    (3) Standards of conduct (see 45 CFR 1304.52(h));

    (4) Descriptions of methods for providing staff and volunteers with 

opportunities for training, development, and advancement (see 45 CFR 

1304.52(k), Training and development);

    (5) A description of the procedures for conducting staff performance 

appraisals (see 45 CFR 1304.52(i), Staff performance appraisals);

    (6) Assurances that the program is an equal opportunity employer and 

does not discriminate on the basis of gender, race, ethnicity, religion 

or disability; and

    (7) A description of employee-management relation procedures, 

including those for managing employee grievances and adverse actions.

    (b) Staff recruitment and selection procedures. (1) Before an 

employee is hired, grantee or delegate agencies must conduct:

    (i) An interview with the applicant;

    (ii) A verification of personal and employment references; and

    (iii) A State or national criminal record check, as required by 

State law or administrative requirement. If it is not feasible to obtain 

a criminal record check prior to hiring, an employee must not be 

considered permanent until such a check has been completed.

    (2) Grantee and delegate agencies must require that all current and 

prospective employees sign a declaration prior to employment that lists:

    (i) All pending and prior criminal arrests and charges related to 

child sexual abuse and their disposition;

    (ii) Convictions related to other forms of child abuse and neglect; 

and

    (iii) All convictions of violent felonies.

    (3) Grantee and delegate agencies must review each application for 

employment individually in order to assess the relevancy of an arrest, a 

pending criminal charge, or a conviction.

    (c) Declaration exclusions. The declaration required by paragraph 

(b)(2) of this section may exclude:

    (1) Traffic fines of $200.00 or less;

    (2) Any offense, other than any offense related to child abuse and/

or child sexual abuse or violent felonies, committed before the 

prospective employee's 18th birthday which was finally adjudicated in a 

juvenile court or under a youth offender law;

    (3) Any conviction the record of which has been expunged under 

Federal or State law; and

    (4) Any conviction set aside under the Federal Youth Corrections Act 

or similar State authority.

    (d) Probationary period. The policies governing the recruitment and 

selection of staff must provide for a probationary period for all new 

employees that allows time to monitor employee performance and to 

examine and act on the results of the criminal record checks discussed 

in paragraph (b) (1) of this Section.

    (e) Reporting child abuse or sexual abuse. Grantee and delegate 

agencies must develop a plan for responding to suspected or known child 

abuse or sexual abuse as defined in 45 CFR 1340.2(d) whether it occurs 

inside or outside of the program.



(The information collection requirements are approved by the Office of 

Management and Budget (OMB) under OMB Control Number 0970-0148 for 

paragraph (b).)



[61 FR 57225, Nov. 5, 1996, as amended at 63 FR 2313, Jan. 15, 1998]