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Legislation Related to Fingerprinting Volunteers
Compiled in 2001 by By Sharon A. Joyce, Ph.D. (sjoyce@researchresults.org)
National Child Protection Act of 1993
effective December 20, 1993
Federal legislation giving states the authority to authorize FBI criminal records checks for unsupervised child care providers. Child care provider is a person who is employed or volunteers with a qualified entity. Qualified entity is a public, private, for-profit, not-for-profit or voluntary organization or business that provides child care services. The Act requires states to track child abuse cases. The act provided funding for the improvement of computerizing and accessing criminal history files.
The spirit of the legislation is to allow states to determine the need to access criminal records, but not legislate that criminal records checks must be conducted. Thus, states vary on their legislation authorizing access to criminal records. The Act specifically states that, “A qualified entity shall not be liable in an action for damages solely for failure to conduct a criminal background check.
Website address: http://ojjdp.ncjrs.org//pubs/guidelines/contents.html
see Appendix A of the Guidelines
Violent Crime & Law Enforcement Act of 1994
effective October 1, 1994
Amended the National Child Protection Act of 1993 to also cover the elderly and disabled. Required the Attorney General to establish guidelines for screening persons working with children, elderly and the disabled. Also required the Attorney General to address the availability, cost, timeliness and effectiveness of criminal history background checks and recommend approaches that do not discourage volunteerism.
The Attorney General’s guidelines on screening persons working with children, the elderly and the disabled can be found at http://ojjdp.ncjrs.org//pubs/guidelines/contents.html. These guidelines provide guidance on approaches towards screening volunteers. The guidelines include a volunteer disclosure affidavit asking questions related to an individuals criminal history.
Overview of the Attorney General Guideline
- Identifies triggers for determining appropriate screening levels
- level of supervision
- level of direct contact
- population being served
Basic Screening
- interview
- verified application
- reference checks
- skills competency
Advanced Screening
- State criminal record check
- FBI criminal record check
- State child abuse registry check
- DMV check
- Sex offender registry check
1996, Corporation for National Service Requires Criminal History Checks for AmeriCorps Members
In 1996 the Corporation for National Service required criminal history record checks for AmeriCorps members or employees who have substantial direct contact with children or who perform service in the homes of children or individuals considered vulnerable (children, elderly & disabled).
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