1 Demonstrating Compliance with Criminal History Check Requirements Pacific Regional National Service Training Conference 2016 Tara Baltzley CV Program Officer

2 Protect the Vulnerable (including members) Protect Your Program Why do checks?

3 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! Who and When?

4 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 California: CV exceeds CNCS’ minimum requirements:

5 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 Who Can’t Serve?

6 Do the Big 3 on time, every time! Document, document, document!

7 1. State Check(s) – California and state of residence 2. Federal Check – FBI 3. NSOPW.gov The ‘Big 3’

8 The Process Let’s go through each step…

9 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) Obtain Consent

10 Verify identity through government- issued photo identification (maintain documentation)

11 Remember California Volunteers requires all 3 checks are cleared prior to start, on everyone (regardless of ‘level of access to vulnerable populations’) Conduct the BIG 3

12 Source of Checks California State Check Fingerprint-based FBI Check State of Residence Check – that state’s repository 2 for 1 at the California DOJ! T he only CNCS-approved repository

13 Source of Checks NSOPW.gov The only CNCS-approved source covering ALL sex offenses

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 re- check 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

20 If less than 120-day break in service, you just need to re-run the NSOPW.gov check. Returning Members

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.

22 Document Clearance 1. Document clearance decision, with date, name and signature of the ‘selecting official’ 2. Use CV’s NSCHC Verification Form 3. Place Verification Form in the member or staff person’s file.

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.

24 The Documentation Challenge (Group Activity) Using CV’s NSCHC Checklist, evaluate these sample forms – What’s missing?

25 CV NSCHC Checklist – outlines each step needed to perform compliant checks CV’s California AmeriCorps State NSCHC Verification Form – documents everything in one place CV has two new tools to assist you

26 Additional Considerations

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

31 Staying Current Assign a Background Check Expert who’ll keep up on the latest policy

32 Resources CNCS Knowledge Network: history-check 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

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!

34 Thank You!!!