Background Checks
Anyone who works in or wishes to work in a child residential or day treatment facility must have three types of background checks: a Pennsylvania Child Abuse History Clearance, a Pennsylvania State Police (PSP) Criminal
Background Check, and an Federal Bureau of Investigations (FBI) Criminal Background Check. The table below shows the requirements and conditions of employment for each type of check:
Type Documented On: Due By: Hire Prohibited If:
Pennsylvania Child
See “Provisional Hiring” below. Applicant is named in the Statewide Central Register as the perpetrator of a founded report of child abuse committed within 5 years or less prior to the request for verification.
PSP Criminal
Background Check Form STD-164 OR
E-PATCH Report See “Provisional Hiring” below. Applicant has prior criminal conviction of any disposition for any of the offences listed below, or conviction of attempt, solicitation or conspiracy to commit any of the offenses listed below.
OR Applicant has been convicted of a felony offense under the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, committed within 5 years or less prior to the request for verification.
FBI Criminal
Background Check* Form letter issued from
DPW See “Provisional Hiring” below.
*Employees and providers of facilities who are residents of Pennsylvania and have served in either capacity prior to July 1, 2008 do not need FBI clearances as long as they have worked continuously in that capacity in one or more facilities.
Offenses that Prohibit Employment in a Child Residential or Day Treatment Facility
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).
Provisional Hiring
Pursuant to 55 Pa.Code § 3490.127 (relating to information relating to prospective child care personnel), employees may be hired on a provisional basis pending receipt of the required clearances if the following conditions are met:
1. The provisional hiring period does not exceed 30 days for Pennsylvania residents or 90 days for non-Pennsylvania residents.
2. The facility has no knowledge or information that would disqualify the applicant from employment (e.g., the facility does not know of any prior convictions or naming as a perpetrator of abuse).
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3. Requests for all three types of clearances have been submitted, and copies of the completed request forms are retained and on file at the facility*.
4. The applicant has sworn or affirmed in writing that (s)he was not disqualified from employment under section 6344 of the CPSL or an equivalent out-of-State crime.
5. The provisionally-hired employee does not work alone with children and works within visual or auditory range of a permanent employee.
6. The provisional employee is immediately dismissed from employment if any of the required checks show that (s)he is disqualified from employment under section 6344 of the CPSL.
*If the provisional employee does not submit the required clearances within 30- or 90-calendar days of employment, whichever is applicable, the facility must do one of the following:
o Dismiss the provisional employee until the required clearances are received.
o Lay off or place the provisional employee on leave with or without pay until the clearances are received.
o Retain and reassign the provisional employee to a position that does not involve direct contact with children.
Qualifications
Directors, Supervisors, or Child care workers hired on or after October 26, 1999 must meet at least one of the requirements specified by the applicable regulations before employment in the given capacity.
Directors, Supervisors, or Child care workers hired before October 26,1999 do not need to meet the required educational qualifications and experience required by the applicable regulations if (s)he has worked in a child residential or day treatment facility since the date of hire with no more than a one-year break in service. The Department will review documentation of this exception during the inspection. Such documentation includes:
• A list of job duties as of October 26, 1999
• Dates and location(s) of employment in the given capacity
A person may have held a position in more than one facility, as long as there was no more than a one-year break in service after October 26, 1999.
Training
It is very important for all staff persons who work in the facility, including management, administrative staff, child care staff, contract staff, ancillary staff, and volunteers that will have regular contact with children to be trained in the areas required by § 3800.58(b) in order to ensure the safety of the children.
This training must be included before any staff person can be alone with children, meaning that staff person must work within visual or auditory range of an employee who has received the necessary training.
The training must include all topics required by 58(b), but can include other topics as well to reach the minimum of 30 hours. Training in topics other than first aid, Heimlich techniques, cardiopulmonary resuscitation, and fire safety should be provided by an experienced staff person who has been properly trained.
Training in first aid, Heimlich techniques and cardiopulmonary resuscitation must be completed by an individual certified as a trainer by a hospital or other recognized health care organization. “Recognized health care organization”
includes but is not limited to:
• The American Red Cross
• The American Heart Association
• The American Safety and Health Institute
A staff person who has been certified as a trainer by a hospital or other recognized health care organization may train and certify other staff.
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Training that is conducted online with no hands-on practice does not provide the necessary training to ensure the staff person is able to properly perform CPR, first aid, or Heimlich techniques and will not be considered when measuring compliance.
Training in fire safety must be completed by a fire safety expert or, in facilities serving 20 or fewer children, by a staff person trained by a fire safety expert. Video tapes prepared by a fire safety expert are acceptable for the training if accompanied by an onsite staff person trained by a fire safety expert. A fire safety expert is a local fire department, fire protection engineer, Commonwealth certified fire protection instructor, college instructor in fire science, county or Commonwealth fire school, volunteer person trained and certified by a county or Commonwealth fire school or an insurance company loss control representative.
If a staff person has completed the required training within 12 months prior to the staff person’s date of hire, the requirement for this training does not apply. It is recommended that training in fire safety and health and other special issues affecting the population be provided to all staff persons even if they have had this training elsewhere within the past 12 months. These topics are specific to the facility, as each facility has different fire-safety procedures and serves different populations.
The annual training requirements as § 3800.58(d) apply to all staff persons who have direct contact with children including contract staff, volunteers, and part time staff persons.
The facility is encouraged to provide training on a variety of topics to enhance the staff person’s job knowledge and skills. In addition to training provided by the facility, the following types of training also apply:
• Any course from an accredited college or university related to care and management of children.
• Up to 6 hours of medication administration training, medication administration train-the-trainer course or train-the-trainer recertification required by § 3800.188(a).
• 50% of the hours spent in the diabetes education required by § 3800.188(b).
• Up to 4 hours of first aid, Heimlich techniques, and cardiopulmonary resuscitation required by § 3800.58(e).
The Training Year
The facility may select the staff training year for calculation of the 40-hour training requirement. The year may be the calendar year, the facilities fiscal year, the staff person’s anniversary date, or another 12-month period as determined by the facility. The facility must be able to verify the training year used.