FAQs: Contact with Minors Background Check Certifications
 
Employees Having Contact with Minors
Frequently Asked Questions (FAQs)
 
1.
What background checks are required for individuals who are responsible for the care, supervision, guidance, and control of children or have routine interaction with children?
 

A: In addition to any of the background checks required based upon position, job responsibilities or services, individuals responsible for the care, supervision, guidance or control of children or routine interaction with children are subject to provide three (3) comprehensive background check certifications. The required certifications include:

 
  • Pennsylvania State Police Request for Criminal Record Check
  • Pennsylvania Child Abuse History Certification; and
  • FBI Criminal Background Check
2.
Are there any other requirements for those responsible for the care, supervision, guidance or control of children or routine interaction with children?
 

A:  Yes. Employees are also responsible to swear/affirm in writing that they are not disqualified from service under 23 Pa. C.S. Section 6344 subsection (c) or has not been convicted of an offense similar in nature to those crimes listed in subsection (c) under the laws or former laws of the United States or one of its territories or possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico or a foreign nation, or under a former law of this Commonwealth.

3.
What is the definition of a minor (child)?
  A:   A minor is anyone under age 18. This includes high school students who are taking courses at Temple while enrolled in a high school. The law excludes an “employee of an institution of higher education whose direct contact with children, in the course of employment, is limited to prospective students visiting a campus operated by the institution of higher education; or matriculated students who are enrolled with the institution.”
4.
How is direct contact with children or routine interaction with children defined?
 

A:   “Direct contact with children” is defined as the care, supervision, guidance or control of children. "Routine interaction" is defined as regular and repeated contact that is integral to a person's employment or volunteer responsibilities.

5.
Who will cover the cost of the background check certifications?
 

A:    The hiring department will cover the full cost of obtaining these certifications for employees, except for independent contractors. Volunteers are given a fee waiver for the PA Child Abuse History Certification and PA State Police Request for Criminal Record Check and excluded from providing a FBI Criminal Record Check if they can attest that they have been a resident of PA for the last 10 years or have received a check since they have been a resident.

6.
Is my employer required to keep a copy of my background check certifications?
 

A:    Yes. Copies of all documents will remain and be stored in the Human Resources Department.

7.
How do I obtain my background check certifications?
 

A:    If you are a member of one of the departments or have essential job functions that fit the criteria requiring certifications because you are responsible for care, supervision, guidance or control of children or routine interaction with children, you will be contacted by Human Resources and given instructions on how to comply with the law.  

8.
What is the provisional hiring period for employees?
 

A:    Individuals may be employed for a single period, not to exceed 90 days if all of the following conditions are met (Disclosure Statement Application for Provisional Employment Attestation can be located on HR website):

 
  • The applicant has applied for the three required certifications and they provide a copy of the completed forms to their employer.
  • The employer has no knowledge of information pertaining to the applicant which would disqualify him from employment.
  • The applicant swears or affirms in writing that he is not disqualified from employment pursuant to the grounds for denying employment in § 6344 (c) or has not been convicted of an offense of a similar nature to those crimes under the laws or former laws of the United States, or one of its territories or possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico or a foreign nation, or under a former law of this Commonwealth.
  • The applicant is not permitted to work alone with minor and must work in the immediate vicinity of a permanent employee.
9.
How do I know if a position that I’m applying for is a position where I am responsible for the care, supervision, guidance or control of children or routine interaction with children?
 

A:   The job description and position advertisement will provide notice to prospective employees and volunteers that the position they are applying to is one that has direct contact with children. 

10.
Will student workers responsible for the care, supervision, guidance or control of children or routine interaction with children undergo the background checks?
  A:   Yes.  Student Workers must undergo the background checks if they are responsible for the care, supervision, guidance or control of children or routine interaction with children.
11. How is the security of personally identifiable information (PII) maintained, such as date of birth and social security number?
 

A:   Only designated Human Resources professional staff members have access to PII obtained during the background check process and adhere to professional and ethical standards to ensure the security of PII.  If background checks are conducted by third party vendors, they have agreed to ensure confidentiality of PII.

12. Who will have access to the background check certification results?
 

A:   The Department of Human Resources will manage and retain all background check reports. Results of background checks are kept confidential by Human Resources, but may be shared on a strict need-to-know basis.  Hiring departments will not receive specific details of a background check.

13. How will the hiring department be notified of the results?
 

A:   The HR Department will provide periodic notifications to the hiring department regarding the status of required certifications.

14. Why is the social security number required to conduct the background check certifications?
 

A:   The background check vendors use the social security number for accuracy to assist in their search and help with narrowing down the search making sure they are reporting on the right applicant.

15. How long does the entire process take to complete the background check certifications?
 

A:   The background checks can be completed in about 10-14 days (from the date of submission of required documents) if the employee follows the directions and timeline provided by Human Resources.

16. Will volunteers be required to get background check certifications?
  A: Yes. Any school, college, division, department or individual who engages volunteers for a program or project must contact HR to discuss the necessary certifications.  Human Resources will coordinate with volunteer applicants to obtain the required certifications.
17. What if the individual does not believe the results of the background check certifications are correct?
 

A:   Should an adverse action be contemplated and/or taken because of the results of the Act 153 background checks, the University will comply with the notice provisions of the Fair Credit Reporting Act.  The Department of Human Resources will give the individual a copy of the background check and will allow them an opportunity to admit, refute and/or correct any information provided in the report.

18. What is the renewal requirement for background check certifications?
  A:  Once completed, background checks are valid for 60 months (5 years) for any person responsible for the care, supervision, guidance or control of children or routine interaction with children
 
  • Every 60 months:  Pennsylvania State Police Request for Criminal Record Check.
  • Every 60 months:  Pennsylvania Child Abuse History Certification.
  • Every 60 months:  FBI Criminal Background Check
19. Who do I contact if I have additional questions about the background check certifications?
 

A: You may contact the Human Resources Department at 215-204-5512, Option 1

Click here for additional Information, including the Disclosure Statements Form

The list of PA Child Protective Services Law’s disqualifying crimes under 23 Pa. C.S. Section 6344 subsection (c) Title 18 of Pennsylvania Law (or their federal equivalent or the equivalent from another state) are as follows:

  • Chapter 25 (relating to criminal homicide)
  • Section 2702 (relating to aggravated assault)
  • Section 2709.1 (relating to stalking)
  • Section 2901 (relating to kidnapping)
  • Section 2902 (relating to unlawful restraint)
  • Section 3121 (relating to rape)
  • Section 3122.1 (relating to statutory sexual assault)
  • Section 3123 (relating to involuntary deviate sexual intercourse)
  • Section 3124.1 (relating to sexual assault)
  • Section 3125 (relating to aggravated indecent assault)
  • Section 3126 (relating to indecent assault)
  • Section 3127 (relating to indecent exposure)
  • Section 4302 (relating to incest)
  • Section 4303 (relating to concealing death of child)
  • Section 4304 (relating to endangering welfare of children)
  • Section 4305 (relating to dealing in infant children)
  • A felony offense under section 5902(b) (relating to prostitution and related offenses)
  • Section 5903(c) or (d) (relating to obscene and other sexual materials and performances)
  • Section 6301 (relating to corruption of minors)
  • Section 6312 (relating to sexual abuse of children)

The Controlled Substance, Drug, Device, and Cosmetic Act (P.L. 22, No. 64) (committed within the previous five years).

20. Can I request a copy of my Child Abuse Certifications from Human Resources?
  A: No. Human Resources does not provide copies of documents received for an employee’s personnel file.
updated: 09/21/2017
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