Section YAE.10.01 — Purpose, Findings, And Scope

(a) Purpose: In general, the Tribe must adhere to federal law and state law by conducting criminal background checks on employees and volunteers who work with youth. The purpose of this Ordinance is to meet the specific needs of the Community and adhere to the applicable state and federal laws.

(b) Tribal Council Findings:

(1) Tribal Council recognizes that elders and youth are vulnerable members of the Community who should not be placed at risk by being placed in the care of persons who may have a propensity to harm elders/youth. Tribal Council finds that in the interest of ensuring that elders/youth utilizing tribal services are not exposed to individuals who have a propensity to harm elders/youth, an individual desiring a position with elders/youth is subject to a background investigation and must obtain an elder/youth license.

(2) Tribal Council also recognizes the importance of optimal employment opportunities to the Community. Tribal Council finds that if an applicant is unable to obtain an elder/youth license, the applicant should not automatically be denied other employment within the same facility, or for other positions within the Tribe. Tribal Council recognizes that specific employment duties for one position may require an elder/youth license while another position within the same facility may not require a license.

(c) Scope: This Ordinance applies to all Tribal employment positions, service contracts, and volunteer positions that have regular contact or control over elders/youth, and to boards and committees whose responsibilities and duties provide access to elders/youth. In general, the Ella Besaw Center, the Health Center, the Day Care Center, Head Start, and the Family Center are within the scope of licensing. However, this Ordinance is intended to include other Tribal departments, agencies, entities, or persons if they have regular contact or control over elders/youth, or if other Tribal/federal/state laws are applicable.