CRPR Child Safety Policy
 Criminal Background Checks & Child Abuse Clearances
Approved 18 Feb 03 / Amended 8 Nov 07

Effective Date:
This policy shall be implemented so that copies of the background documentation for the specified staff are on file for agency operations occurring on or after 01 June 03.

Effective 1 Jan 08, the agency must also obtain a "National Criminal Background Check" and "Social Security Number Verification" from ChoicePoint Inc. prior to employment.

Purpose:
To help assure the safety of agency customers under age 18 by implementing a process to obtain in advance a criminal background check and child abuse clearance for specified agency staff. “Customers” are defined as CRPR program participants or visitors to the facilities operated by the agency.
This process is intended to supplement the practice that CRPR shall always provide (as a minimum) “Two-adult Protection” for CRPR youth recreation programs; i.e., at no time shall only one adult (age 18 & over) be present with one or more children (under age 18).
In line with this practice, the development of an organized “Team Parent” initiative to assist CRPR staff with team/camp group supervision is strongly encouraged.

This policy will apply to:
A. CRPR Payroll Staff (age 18 & over during their course of CRPR employment):  All (seasonal & year-round) full-time staff, part-time staff, and interns involved with:
               (1) CRPR-operated programs involving youth participants under age 18, or
               (2) parks maintenance, or
               (3) facility operations (i.e., aquatics staff)

B. Volunteers (age 18 & over during their course of CRPR service) assisting with a CRPR-operated event that:
               (1) involves direct service to youth under age 18, and
               (2) for events held more than one day per year (not including any event planning meetings), and
               (3) is operated and/or conducted by CRPR staff. 

The following personnel shall be exempt from the requirements of this policy (however, the “Two-adult Protection” practice will still apply to their services on behalf of CRPR):
• Parents of current registrants who volunteer to assist with program operations or team supervision.
• Independent Contractors and their associates providing services to organized, CRPR-operated programs (i.e., youth sport league officials).
• Participants and supervisors of state-funded job training programs (i.e., PA. Conservation Corps) shall be exempt from this policy if their eligibility requirements include provisions for background checks.

Examples:

▪ Coaches for the CRPR swim teams (who are paid by CRPR) would be included by the policy if & when they are age 18 or over. Volunteers who assist with the swim meet operations of the Central PA Swim League would be exempt since the meets are operated by league parents.

▪ Volunteers for the annual, one-day CRPR special events, such as the Halloween Costume Parade, Easter Egg Hunt, or the Spring Spruce-Up Day would not be included in this policy since the events are conducted one day per year.

▪ Sport League Officials contracted to provide umpire services are exempt from the policy.

It is noted that f/t CRPR Parks Maintenance Staff are currently required to have the background and child-abuse checks performed in order to maintain the parklands leased from SCASD.

Advance Notice to Applicants (paid and volunteer positions):

All applicants for paid and volunteer positions must complete an application form in advance of their service. The application form(s) will contain a notice and release statement regarding this background check process. The agency will also include notice of this process in advertising for paid positions and volunteer opportunities.

Payment Policy for Fees for the background checks:

CRPR will pay or reimburse for the fees associated with the background checks for the following staff & applicants:
1. Volunteers and interns involved in program operations for children under age 18;
2. Seasonal Staff (full-time & part-time) who are involved in program, park, and pool operations for children under age 18 and employed for less than 8 hours per week over the course of their service/employment with CRPR.
3. Year-round Staff (full-time & part-time) employed by CRPR as of 31 May 03. However, effective 01 Jun 03, new hires as year-round staff (full-time & part-time) will be required to furnish, at their expense, acceptable clearance reports as a condition of employment.

Youth recreation program fees will be increased in order to generate the necessary funds for this expense.

Successful applicants for all other positions will be required to submit the clearance requests with payment directly to the state agencies and then furnish copies of the reports to CRPR prior to the time of their hiring or volunteer service. The clearance reports must have been obtained no more than one year from the date of the hiring consideration. It should be noted that the completed reports may only be sent to the applicant and not to CRPR. In this case, it is important that copies be promptly provided to CRPR by the applicant.

The Process by CRPR Supervisors: (for those applicants “eligible & likely” for employment)

All applicants must be made aware that the background checks are required prior to starting work or volunteering.
1.          Require all applicants and volunteers to complete-in-full the Application Form.
2.          Contact references & prior employers listed on the application; those contacts shall be documented and retained with the applicant’s personnel folder.
3.          Obtain a copy of the applicant’s drivers license for that applicant’s personnel folder, even if the position does not include operating an agency vehicle. This process has been approved by the Solicitor.
4.          If the applicant did not submit copies of the clearances with the application, advise the applicant to complete and submit the request forms for:
(a) Child Abuse Clearance c/o PA. Department of Welfare (Form #CY113 w/ current fee $10), &
(b) PA. State Police Criminal Record Check (Form #SB4-164, current fee $10). It is noted that the search results of the PA. Access To Criminal History (PATCH) system, operated on-line by the PA. State Police, also provides an acceptable means to obtain the criminal background component. Centre Region Parks & Recreation is a registered user of this network. The $10 fee for each search will be invoiced to the agency, and will be collected from the applicant at the time of the search, where provided by this policy. A copy of the search results will be provided to the applicant.
5.         Effective 1 Jan 08, the agency must also obtain a "National Criminal Background Check" and "Social Security Number Verification" from ChoicePoint Inc. prior to offering employment to the applicant.

5.          Since the background-check process may take up to one month, the following processes must be complete prior to beginning work:

(a) the applicant providing of copy of the two request forms and payments submitted, and

(b) copies of the official reports being provided to and approved by CRPR

(c) obtain a "National Criminal Background Check" and "Social Security Number Verification" from ChoicePoint Inc.

Actions Based Upon the Reports:

In line with the current provisions by the Commonwealth of PA. for school & childcare workers:

- The agency shall not engage an applicant or volunteer who would have direct contact with children if:

a.          the applicant’s criminal history background check states that the applicant has been convicted of a crime specified in section 111(e) of the Public School Code of 1949 (see excerpt on Page 4), or an equivalent Federal or out-of-State crime, within 5 years or less of the date of a criminal history background check,

or if,                 

b.          the applicant’s Child Abuse History Clearance indicates anything other than “Applicant is not listed in a report of child abuse or a report for a school employee.”

- The agency shall notify the applicant in writing if the decision not to employ or engage the applicant is based in whole or in part on the criminal history background check or the Child Abuse History Clearance. In this case the following text shall be included in the letter:

"We have evaluated your application for employment. As you were advised when you applied, our policy requires that we review Act 34 and Act 151 clearances. Your clearance reports showed that you were ( . . . insert appropriate action & description). Pursuant to our policy (copy enclosed), you may not be employed for a period of five years after such a conviction. If you believe that the information on which this decision was based is erroneous, please provide pertinent documentation and we will reconsider the matter."

Renewals / Returning Employees & Volunteers:

- No “grand-fathering” is provided with the implementation of this policy for current or prior agency staff.

- For returning seasonal employees, a renewal of the criminal background and child abuse clearance forms will be necessary if, at the actual resumption of seasonal employment, the state date stamp on either report is more than 2 years old. The cost for updating the certificates will be born by the applicant.

- For year-round staff (full-time & part-time), the background check & child abuse clearances should be renewed every two years. The costs for these renewals will be reimbursed by the agency to the staff members upon the receipt of the two forms with an acceptable status. As noted above, year-round staff hired after 31 May 03 will be responsible for furnishing copies of their first set of background documents.

- For volunteers, the agency may withhold reimbursement until the completion of the current program pending the assistance provided by the volunteer.

Note:

• The CRPR Board may amend/revise this policy, as may be recommended by the Director, to permit the use of other services which provide authorized Criminal Background Checks and/or Child Abuse Clearances, as those services become available.

• The CRPR Board will amend/revise this policy as necessary to comply with any revisions to state or federal law.

Excerpt from PA. Code Title 24 - Education                     24 PS 1-111 Section e

“ No person subject to this act shall be employed in a public or private school, intermediate unit or area vocational-technical school where the report of criminal history record information indicates the applicant has been convicted, with five (5) years immediately preceding the date of the report, of any of the following offenses:

(1)         An offense under one or more of the following provisions of Title 18 of the PA. Consolidated Statutes: Chapter 25 (relating to criminal homicide).
Section 2702       relating to aggravated assault
Section 2709       relating to harassment and stalking
Section 2901       related to kidnapping
Section 2902       related to unlawful restraint
Section 3121       related to rape
Section 3122.1    related to statutory sexual assault
Section 3123       related to involuntary deviate sexual assault
Section 3124.1    related to sexual assault
Section 3125       related to aggravated indecent assault
Section 3126       related to indecent assault
Section 3127       related to indecent exposure
Section 4302       related to incest
Section 4303       related to concealing death of child
Section 4304       related to endangering welfare of children
Section 4305       related to dealing in infant children
Section 6301       related to corruption of minors 
A felony offense under Section 5902(b) relating to prostitution and related offenses
Section 5903 c or d            related to obscene and other sexual materials and performances
Section 6312                      related to sexual abuse of children.

(2)         An offense designated as a felony under the act of April 14, 1972 (P.L. 233, No. 64) know as “The Controlled Substance, Drug, Device and Cosmetic Act.”

(3)         An out-of-State or Federal offense similar in nature to those crimes listed in clauses (1) and (2).”

By Order of the Centre Region Parks & Recreation Board /
Centre Regional Recreation Authority
18 Feb 03  (As amended 8 Nov 07)

Attest:    /s/ Kenneth J. Mawritz, Ph.D., Secretary                 /s/  Richard C. Marboe, Ph.D., Chair

 (Seal: Centre Regional Recreation Authority)