(1) The department shall establish a youth afterschool eligibility letter for individuals who are sixteen or seventeen years of age and who are seeking employment in school-age child care programs or temporary nonresidential child care programs. For purposes of this section, temporary nonresidential child care program means a program in which child care is provided (a) for no more than twelve consecutive hours, (b) not on a continuous or regularly scheduled basis, and (c) in a location not ordinarily used as a licensed child care center.

(2)(a) To obtain a youth afterschool eligibility letter, an applicant shall:

(i) Complete all registry checks required for licensed child care staff, including the child abuse and neglect and sex offender registries, and any additional registry checks required by the department;

(ii) Submit all background check documentation required by the department; and

(iii) Complete a minimum seven-hour new staff orientation for school-age programs approved by the department.

(b) If an applicant is seeking employment in a school-age child care program or a temporary nonresidential child care program, the applicant shall reimburse the state for the cost of the application.

(3) An applicant who has submitted all required background check materials may engage in provisional employment while such checks are pending if: (a) The applicant is not left alone in a room with children; (b) the applicant is not included in staff-to-child ratio requirements; and (c) the applicant's provisional employment is limited to school-age child care programs and temporary nonresidential child care programs.

(4)(a) Upon completion of the requirements in subsection (2) of this section, the department shall issue a youth afterschool eligibility letter. The eligibility letter may be used to obtain initial employment in a school-age child care program or a temporary nonresidential child care program for one hundred eighty days after the date of issuance of such letter.

(b) If the eligibility letter holder begins employment in a school-age child care program or a temporary nonresidential child care program within one hundred eighty days after the date of issuance, the eligibility letter shall remain valid for purposes of such employment for one year after the date of issuance if the eligibility letter holder maintains continuous employment with such program.

(c) A youth afterschool eligibility letter that is not used within one hundred eighty days after the date of issuance shall expire and shall not be used to obtain future employment.

(d) A youth afterschool eligibility letter may be renewed through an expedited process established by the department.

(5) A licensed child care program or youth-serving program approved by the department may accept a valid youth afterschool eligibility letter as verification that the eligibility letter holder has met the initial background check and training requirements under this section.

(6) The department may adopt and promulgate rules and regulations to carry out this section, including, but not limited to, application procedures, background check verification, renewal procedures, fees, approval of training providers, and privacy and data-sharing protections.

(7) This section does not apply if it would result in a loss of federal funding for a child care or an early childhood education program or any successor program, including funds received under the federal Child Care and Development Block Grant Act of 1990, or would otherwise violate federal requirements for such funds.