Clearance requirements for all staff:

There are three background checks required for staff persons which include:

• Pennsylvania Child Abuse History Clearance
• Pennsylvania State Police (PSP) Criminal History Clearance
• OHS FBI Criminal History Clearance

Note that any clearance Indicating a previous conviction must include a complete “rap sheer in order for the clearance to be considered complete. Also note that the PDE FBI clearance Is unacceptable in all cases, and the only acceptable FBI clearance is the OHS FBI clearance. Each clearance must be renewed every 60 months from the date of the existing clearance. There is no requirement that all three clearances be requested or renewed simultaneously. For example, if the Child Abuse clearance was obtained January 2, 2014, then no renewal would be needed until January 2, 2019. Similarly, if the PSP Criminal History clearance was obtained February 2, 2014, then no renewal would be needed until February 2, 2019. And if the DHS FBI Criminal History clearance was obtained March 2, 2014, then no renewal would be needed until March 2, 2019. It is recommended, not required, that staff renew all 3 clearances based on the date of the oldest clearance in order to ensure the timely renewal of all clearances going forward. Renewals should be dated prior to the expiration of the current clearance. For example, if the PSP Criminal History Clearance expires February 2, 2019, the renewal should be dated    or before February 2, 2019.

The requirement for background checks is found under the Child Protective Services Law (CPSL) at: http://www.pacode.com/secure/data/055/chapter3490Jsubchapatoc.html.

Specific information about the responsibilities for a child care provider as It relates to CPSL as referenced above, is found at: http://www.pacode.com/secure/data/055/chapter3490/s3490.122.html

• The Pennsylvania Child Abuse History Clearance may be obtained online through the Child Welfare Portal: https://www.compass.state.pa.us/cwis/publjc/home
• The PSP Request for Criminal History Check may be obtained on the PSP website: https://epatch.state.pa.us/

• The CHS FBI Criminal History Clearance Is obtained by registering with IDEMIA and being fingerprinted at an ldentoGO A service code is required in order to schedule an appointment at an ldentoGO location. Service codes for applicants applying under OHS can be obtained at http://keepkidssafe.pa.gov/resources/clearancas/index.htm. In addition, you may view a complete listing of service codes In Appendix 5. Once you have located the appropriate service code, you may enter such code at the ldentoGO website at https://uenroll.identogo.com/ to begin processing your request for any additional IDEMIA registration, processing, or billing questions, please contact IDEMIA/ldentoGo at 1-844-321-2101. Documentation stating that the fingerprints have been submitted must be in the staff/facility person’s file if the employee is hired on a provisional basis. 

Mandated Reporter training:

Staff hired on or after December 31, 2014, have 90 days to verify completion of the training from the time of hire. The training is required to be renewed for every staff person every five years thereafter.

Note that operators must obtain this training prior to the issuance of a certificate of compliance. Regional certification staff have been assessing compliance with this training during annual inspections.

Refer to http://keeokidssafe.pa.gov/cs/groups/webcontentldocuments/document/c 227007.xlsx for a list of approved trainings. Evidence of completion of the requirement is required and can be fulfilled by a certificate of completion from the approved trainer. Please refer to the “Audience Approved to Train” column in order to determine if appropriate for child care staff.

Operators, Staff and Household Members of Family Child Care Homes (FCCH) and Group Homes CGH) operated in a residence:

All household members age 18 and older residing for at least 30 calendar days per year in a FCCH or a GCCH operating in a residence must provide updated PSP, Child Abuse and FBI clearances every 60 months. Volunteer clearances will not be accepted for household members, operators, or any staff persons working in child care.

Volunteers:

Clearances are required for a volunteer if that individual provides care, supervision, guidance, or control of children AND has routine interaction with children. Routine Interaction is defined as regular and repeated contact that is integral to a person’s employment or volunteer responsibilities. Note: Volunteers are not permitted to work alone with children and are required to work in the immediate vicinity of a permanent employee qualified, at minimum, as an Assistant Group Supervisor (AGS).

A volunteer is required to obtain a Pennsylvania Child Abuse History clearance and PSP Criminal History clearance. If the volunteer has been a resident of Pennsylvania for the previous 10 years, the volunteer is not required to obtain an OHS FBI Criminal History clearance. The volunteer must sign the “Disclosure Statement Application for Volunteers” (Appendix 4). If the volunteer has not been a resident of Pennsylvania for the previous 10 years, the volunteer must obtain an FBI· Criminal History clearance in addition to the Pennsylvania Child Abuse History clearance and Pennsylvania State Police Criminal History clearance.

Effective July 25, 2015, the fees for the Pennsylvania Child Abuse History and PSP clearances were waived for a volunteer. A volunteer may request the Pennsylvania Child Abuse History and PSP Criminal History clearances at no cost once every 57 months. There will be a charge incurred for the OHS FBI clearance if one is required.

Volunteer Child Abuse and State Police clearances will not be accepted as evidence of fulfilling the clearance requirements for child care staff and/or operators pursuant to CPSL. As such, any volunteer who becomes employed in child care must obtain new clearances pursuant to CPSL at 23 Pa Code 6344.2. Such an individual may be considered provisionally hired, so long as they are supervised by a permanent employee, for a period of up to 90 days pending receipt of the new clearances. If the new clearances are not received within 90 days, the individual should be dismissed from the child care position until new clearances are obtained.

Employee accused of Child Abuse:

According to the Child Protective Services law, Title 23, Chapter 63, §6340(a)(13), the legal entity of the child care facility will receive notice from Childline of a pending allegation of suspected child abuse and the final status of the report following the investigation as to whether the report is indicated, founded or unfounded. The notice from the county children and youth agency will be submitted to the legal entity of the child care facility within 10 days of the completion of the investigation.

When the regional office learns of the notice of indicated or founded abuse, the certification representative may cite the provider for violation of either 55 Pa. Code Chapter §20.71(a)(5) or 20.71(b)(5), as appropriate.

Clearance requirements:

Criminal history clearances are considered current and valid if obtained within the last 60 months (five years). Prior to commencing employment, the employee or potential employee must sign a disclosure statement that he or she has not been disqualified from employment or has not been convicted of an offense that would prohibit employment since the date of their current background and criminal history clearances.

Note: Convictions not listed on the disclosure statement could still possibly render a prospective employee unfit to work in child care pursuant to the Department’s own regulatory requirements at 55 Pa Code §20.71(b)(1) and (2), 55 Pa Code §3270.32(c), §3280.32(c), and §3290.32(c). (See Appendix 3 for a copy of the disclosure statement.) As such, the Department’s review for fitness to work in child care in addition to the requirements of CPSL.

As explained above, volunteer Child Abuse and State Police clearances will not be accepted as evidence of fulfilling the clearance requirements for child care staff and/or operators pursuant to CPSL. As such, any volunteer who becomes employed In child care must obtain new clearances pursuant to CPSL at 23 Pa Code 6344.2. Such an individual may be considered provisionally hired, so long as they are supervised by a permanent employee, for a period of up to 90 days pending receipt of the new clearances. If the new clearances are not received within 90 days, the individual should be dismissed from the child care position until new clearances are obtained.

Time frames to obtain clearances:

The provisional hire period for child care staff Is 90 days for any staff position. This is effective for staff hired on or after December 31, 2014. This means that when a staff person is hired and does not have background or criminal clearances, he or she has 90 days to obtain them and cannot work alone with children.

If a provider does not comply with this requirement, the provider will receive a citation for violating 55 Pa Code §3270.32(a), §3280.32(a) or §3290.32(a).

General procedures for new hires:

Potential hires or prospective employees who have already completed acceptable child abuse clearances and criminal background checks may be hired as permanent employees if the completed clearances are less than 60 months old. The potential employee must present their current clearances and sign the disclosure statement.

If the potential employee does not have current, acceptable clearances, they are considered “Provisional Employees” under CPSL. Provisional employees cannot work alone with children until they receive the proper clearances; all questionable clearances should be directed to the regional office for further review. The Information about provisional employees is defined in 55 Pa Code Chapter 3490 relating to CPSL at http://www.pacode.com/secure/data/055/chapter3490/s3490.127.html

Administrators of certified child care facilities are permitted to hire applicants on a provisional basis for a single time period of up to 90 calendar days for Pennsylvania residents and out-of-state residents.

As a condition of the provisional hire period, the applicant must submit the following provisional hire documents to the employer PRIOR to beginning work in the child care facility:

• All employee disclosure statement signed by the applicant affirming that he/she is not disqualified from employment as specified in CPSL 1(d) or (e) (11 P.S. 2223.1(d), (e)).

• A copy of either the completed and mailed request or the online request for the Pennsylvania Child Abuse History
• A copy of either the completed and mailed request or the online request for PSP Criminal History clearance.
• A copy of online verification that the individual submitted fingerprints for the OHS FBI Criminal History The verification can be obtained by visiting https://uenroll.identogo.com/status-check and filling out the form using the information you provided with your original request.

Process for a provisional employee:

• The provisional employee is not permitted to work alone with children and is required to work in the Immediate vicinity of a permanent employee qualified, at minimum, as an Assistant Group Supervisor (AGS) or a primary staff person (If a group childcare home) during the 90-day provisional hire period. “Immediate vicinity” means within eyesight of a permanent employee (an employee who has completed clearances on file) who is properly qualified as above described.
• Whether a provisional employee is a resident of Pennsylvania or an out-of-state resident, completed copies of the Pennsylvania Child Abuse History clearance, the PSP Criminal History clearance, and the DHS FBI Criminal History clearance must be in the employee’s file NO LATER THAN 90 CALENDAR DAYS AFTER HIS/HER FIRST DAY OF WORK IN

THE FACILITY and must remain on file for the duration of his/her employment. If all required documentation is not acquired within 90 days, the only acceptable Plan of Correction is to remove the provisional employee from a child care position.

• An applicant who possesses the Pennsylvania Child Abuse History clearance, PSP Criminal History clearance, and the DHS FBI Criminal History clearance that are LESS than 60 months on the first day of work in the facility is not required to submit requests for new However, a signed disclosure statement must be provided. If the clearances are OVER 60 MONTHS OLD, NEW CLEARANCES MUST BE OBTAINED.
• The facility administrator must see a copy of each The facility administrator must retain copies of all clearances for the staff file; Please note that photocopies are acceptable so long as they are legible and complete. The three required clearances must be present and on file in order for the employee to be considered a permanent employee and no longer a provisional hire.
• If the employee’s PSP Criminal History clearance indicates the individual has convictions, you MUST ensure that the rap sheet is attached and available for review by a DHS certification representative.
• If the employee’s DHS FBI Criminal History clearance indicates the Individual has convictions that do not prohibit employment under CPSL, you MUST ensure that the rap sheet is attached and available for review by a DHS certification
• If an employee has a PDE FBI clearance, the individual should be advised that such PDE clearance cannot be accepted, and that they must Instead apply for, obtain, and provide the DHS FBI clearance by visiting the ldentoGO website as described
• Note that in addition to the requirements of CPSL, all criminal history information must still be assessed for compliance with the Department’s own regulatory requirements at 55 Pa Code §3270.32(c), 3280.32(c), §3290.32(c), and §20.71(b)(1) and (2) concerning fitness to work in child care. Any questions should be directed to the regional office for review.

• Administrators who do not retain all provisional hire documents will be cited for violation of the provisions of CPSL and may face sanctions from the Department for willful violations of the hiring provisions established by CPSL. (11 S. 2223.1(g)(2)).

IMPORTANT: Child care staff that holds the position of DIRECTOR must have completed, acceptable clearances ON FILE on the first day of work in the facility. A child care director MAY NEVER START WORK AS A PROVISIONAL STAFF PERSON Under CPSL.

• Make copies of clearances or the staff application for clearances.

• Witness and place the copies in the employee’s file

• Place the completed disclosure statement in the employee’s file

• Keep copies of requests/applications, the disclosure statement and completed clearances permanently in the employee’s file.

• Submit the clearance applications from the employee to the appropriate agencies.

• For new staff, note the date of start work in the employee’s file.

• Ensure that the provisional employee is not left alone with children and is supervised at all times by a staff person who has completed acceptable clearances on (Supervision means that the person supervising must be able to see, hear, direct and assess the provisional employee who is being supervised.) The provisional employee shall be supervised by a staff person who has a complete file with all three clearances and who is an Assistant Group Supervisor or higher.

• Review the completed clearance applications from the provisional employee to assure that they are acceptable and completed correctly. [Questions should be directed to the Regional Office].

• Maintain a tracking system to monitor that the clearances are received and identify the date by which an employee must provide updated clearances. Various factors could cause a delay in the typical turnaround time for the return of the clearances, so it is extremely important that the operator does not wait until the expiration of the 90-day provisional hire period to monitor the return of clearances.

• If clearances are not updated timely and expire after the 60-month term, the employee must be removed from working in child care until all three clearances are renewed.

• Remove the provisional employee from the child care position if all three completed clearances are not on file by the 90th day after the person starts work. Removal is not negotiable: the reason for the delay is irrelevant.

• Place the removal date and the reason in the prospective employee’s file.

• Note again that the director MAY NOT START WORK as a provisional employee. The Director must have completed acceptable clearances on file by the start date of work and a complete file as indicated at 55 Pa Code §3270.192.

• If a certification representative completes an inspection and reviews a file of a new employee with no copies of clearances or requests for clearances (even though it is less than 90 calendar days since the employee started work), the employee should be removed from working with children until the clearances are received.
• Copies of all clearances must remain as a part of the employee’s permanent record.

I understand that the Child Protective Services Law (CPSL) requires that I have a completed, acceptable criminal history clearance, a completed, acceptable child abuse clearance and a completed, acceptable OHS FBI clearance on file at the child care facility by the 90th day after I commence employment in child care. Failure, for whatever reason, to have the completed clearances will result in my immediate removal from a child care position.

Signature of employee