Demonstrating Compliance with Criminal History Check Requirements
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1 Demonstrating Compliance with Criminal History Check Requirements Pacific Regional National Service Training Conference 2016 Tara Baltzley CV Program Officer 1
2 Why do checks? Protect the Vulnerable (including members) Protect Your Program 2
3 Who and When? ALL Covered Positions o AmeriCorps Applicants o Staff Charging Time to the AC Grant (the budget test) includes match and in-kind BEFORE they start! 3
4 California: CV exceeds CNCS minimum requirements: View all populations as vulnerable so ALL staff and AmeriCorps members must be checked Must be CLEARED prior to start -- No accompaniment NSOPW require you repeat it annually on AmeriCorps members 4
5 Who Can t Serve? Those convicted of murder or required to be registered as a sex offender cannot serve in a covered position. Those who refuse to be checked are also ineligible 5
6 Do the Big 3 on time, every time! Document, document, document! 6
7 The Big 3 1. State Check(s) California and state of residence 2. Federal Check FBI 3. NSOPW.gov 7
8 The Process Let s go through each step 8
9 Obtain Consent Get written consent to perform checks Document understanding that eligibility is contingent on results (My AC application) CNCS criteria (only murder or sex offense) Your program s criteria / policy (can be more stringent) 9
10 Verify identity through governmentissued photo identification (maintain documentation) 10
11 Conduct the BIG 3 Remember California Volunteers requires all 3 checks are cleared prior to start, on everyone (regardless of level of access to vulnerable populations ) 11
12 Source of Checks 2 for 1 at the California DOJ! The only CNCS-approved repository California State Check Fingerprint-based FBI Check State of Residence Check that state s repository 12
13 Source of Checks NSOPW.gov The only CNCS-approved source covering ALL sex offenses 13
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19 NSOPW.gov 1. Nationwide NSOPW.gov (all areas reporting if a state isn t reporting, either go directly to their state sex offender registry (google it) and print results, or recheck NSOPW.org later) 2. Documentation print screen of the results 3. Any hits must be printed and resolved (if needed, click thru to info.) 4. Include notes to show all were cross-checked, and determined not to be the applicant 19
20 Returning Members If less than 120-day break in service, you just need to re-run the NSOPW.gov check. 20
21 Receive Results 1. Document receipt date of check results (maintain documentation). 2. Consider check results per CNCS requirements and your own program s policy for eligibility. 3. If the results would disqualify your applicant, provide opportunity to review findings. Be mindful of Civil Rights laws. Document that you did so. 21
22 Document Clearance 1. Document clearance decision, with date, name and signature of the custodian of record. 2. Use CV s NSCHC Verification Form 3. Place Verification Form in the member or staff person s file. 22
23 Confidentiality California law prohibits the actual results from being shown to others (including CNCS or CV). CNCS has a Pre-Approved Alternative Search Procedure (ASP) for this, which states each file must document this limitation in writing, and that all aspects of checks and clearance were compliant. You must also document the source, dates, clearance decision, and signature of reviewer and date they cleared the person. CV s Verification form includes ALL of this. Actual results, aka. RAP sheets, must be locked up with Custodian of Record-only access. 23
24 The Documentation Challenge (Group Activity) Using CV s NSCHC Checklist, evaluate these sample forms What s missing? 24
25 CV has two new tools to assist you CV NSCHC Checklist outlines each step needed to perform compliant checks CV s California AmeriCorps State NSCHC Verification Form documents everything in one place 25
26 Additional Considerations 26
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30 School District Checks Checks done for you by a School District : must have a memo stating they meet requirements see CNCS Pre-Approved ASPs 2016 clearly explains in detail what s required 30
31 Staying Current Assign a Background Check Expert who ll keep up on the latest policy 31
32 Resources CNCS Knowledge Network: CNCS NSCHS FAQs Updated Jan 2016 CNCS Pre-Approved ASPs Updated Jan 2016 CV Contract - Exhibit H CV National Service Criminal History Check Verification Form CV National Service Criminal History Steps Checklist 32
33 Incomplete Checks CV s Version of CNCS Cost - Disallowance Guide Based on risk-mitigation levels The more you ve done right, the less this hurts! 33
34 Thank You!!! 34
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