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In the February 2002 issue of The CampLine, we informed you about a proposed
piece of Federal legislation that would establish a national coordination
center for background checks. Known as The National Child Protection Improvement
Act, this legislation was introduced by Senator Joseph Biden, and co-sponsored
by Senators Corzine, Thurmond, and Jeffords. The last action of the 107th
Senate was to pass this bill and hope for a joint meeting to gain House
approval. Time ran out, and the bill died last year. Senator Biden is
working to gain support for a similar bill and hopes to resubmit it this
spring.
A number of issues have halted progress on the bill. First, it became
apparent that all U.S. states and counties have not been sending all their
criminal data to the Federal Bureau of Investigations (FBI) for submission.
Therefore, the federal checks that are currently being done may be incomplete
and not contain important information. Some states may be better than
others at submitting their records, but it is difficult to tell when each
state began sending information and what was included. For instance, local
misdemeanors were probably not sent nor were juvenile records or pending
criminal charges. (In addition, felonies vary from state to state and
interpretation of local statutes is critical.)
Second, too little money was allocated in the original bill for data
entry purposes to help states enter the backlog of files retained at the
local levels. Current federal checks may not contain any older convictions
— from fifteen to twenty years ago. This would suggest that while all
states might be covered, the information is less than complete. The states
maintain that local checks will produce better information at this time.
Thus, the American Camping Association (ACA) is considering what approach
to take regarding a national system of background checks. Even if there
were a system today, until states can get all their backlogs of data into
the federal data base, the system would remain incomplete and checks could
not be considered comprehensive.
What Does This Mean?
In order to protect children from potential abuse and mistreatment, camps
must have the ability to perform comprehensive, timely, and cost-effective
background checks on all potential employees and volunteers as one of
their screening tools.
The current procedure for conducting background checks continues to vary
from state to state, making response time, cost, and results quite varied.
To request fingerprint-based national criminal history background checks
of volunteers and employees, your camp should contact your state law enforcement
agency regarding process and fees. Through the state law enforcement agency,
your camp receives a statement detailing whether or not the individual
in question has been convicted of a crime that bears upon their suitability
to provide care.
Many camps choose to hire commercial background-checking companies to
complete this task in staff screening and hiring.
Using Commercial Background-Checking Services
ACA standards require background checks for staff with direct supervision
or access to children. Many other youth organizations and schools serving
children require it; and the public expects that background checks have
been done! However, many camps are challenged by the time, effort, and
frustration of doing criminal background checks. There are commercial
services that will complete this function for you for a fee. These fees
represent searches on a single name (not including an additional maiden
name) in a single jurisdiction and usually only at the county level. Some
services will check state records; others will check federal records —
both for an additional fee. All record searches done by commercial companies
are subject to the Fair Credit Reporting Act (FCRA).
The Federal Trade Commission has stated that you must comply with the
FCRA requirements when you hire a commercial company to provide background
checks, even if those checks do not include a credit history. The law
governs many kinds of information, including any information about an
individual’s credit, character, reputation, personal characteristics,
or mode of living — if the information is collected for the purpose of
determining a person’s eligibility for credit or employment. Companies
providing background screening information are subject to the requirements.
If using commercial companies, there are steps you must follow with applicants.
- You must notify the employee of your intent to check background (such
as criminal background).
- You must obtain permission to do so.
- You must notify them if information in the report will likely cause
you to take an adverse action on their application and give them at
least five days to respond.
- At their request, you must provide them with a copy of the report
and the name of the organization that obtained the report.
- You must notify them of their rights at each step.
(Articles that clarify the use of such services can be found in the October
1999 and February 2003 issues
of The CampLine.)
Whether your camp allows you to do checks on your own or you hire a firm,
it’s up to you. We’ve listed references below to help you understand the
processes involved. The ACA Public Policy Committee will continue to monitor
the situation at the federal level — visit the ACA Web site frequently
for updates: www.ACAcamps.org/publicpolicy.
Resources
• Federal Bureau of Investigation: www.fbi.gov
• Federal Trade Commission: www.ftc.gov
• Fair Credit Reporting Act: www.ftc.gov/os/statutes/fcra.htm
• Parents for Megan’s Law: www.parentsformeganslaw.com*
• For companies that perform this service for camps, visit the ACA Web
Site at: www.ACAcamps.org/vendors
• For updates about the Federal Legislation described in this article,
visit ACA’s Public Policy site: www.ACAcamps.org/publicpolicy
*Megan’s Law is named after a seven-year-old Hamilton Township, New Jersey,
girl named Megan Nicole Kanka. On July 29, 1994, she was lured into her
neighbor’s home with the promise of a puppy and was brutally raped and
murdered by a two-time convicted sex offender who had been convicted in
a 1981 attack on a five-year-old child and an attempted sexual assault
on a seven-year-old. Eighty-nine days after Megan Kanka’s disappearance,
New Jersey Governor Christine Todd Whitman signed the first state-level
version of what we know as Megan’s Law. The passage of Megan’s Law in
New Jersey eventually led to the May 1996 passage of a federal law which
is also known as Megan’s Law. New Jersey’s Megan’s Law has specific mandates
for active community notification which ensures that the community will
be made aware of the presence of convicted sex offenders posing a risk
to public safety.
Originally published in the 2003 Spring issue
of The CampLine.
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