In order to help ensure the safety of minors, in October, 2014, the Pennsylvania Legislature passed Act 153 which required nearly all employees and volunteers working in higher education to obtain child abuse and criminal background clearances. On July 1, 2015, Governor Wolf signed House Bill 1276, which made a number of significant revisions to the background checks contained in Act 153, such as exempting most College employees and work study students from the need to obtain a background check when interactions with minors were limited to matriculated and prospective students of the College. Certain employees of the College nevertheless still remain subject to the background check requirements. HB 1276 also provided that employees who had applied for the three required background certifications and signed a disclosure statement under Act 153, but had not yet received the certifications, could work with minors in a provisional employment period for up to 90 days.
However, pursuant to a recent amendment to Act 153, this 90-day provisional employment period for covered employees who interact with minors has been eliminated. As a result of this change to the law, new hires or current employees who experience a job change and who are required to have background clearances according to Act 153 must obtain and have the results of all three background certifications on file with the Office of Human Resources PRIOR TO their date of hire or position change.
This new requirement will now be placed in all job advertisements for positions that require Act 153 clearances, and will be included in the appointment letter sent to the final candidate.
Departments conducting searches for positions that require Act 153 clearances should reiterate the need for timely completion of clearances to the new hire. The College is not permitted to allow affected new hires to begin employment without having clearances on file with the Office of Human Resources, which may result in a delay in the new hire's ability to begin work at the College on the determined hire date. We do not want prospective new hires or departments to be surprised or disappointed, so please work with the Office of Human Resources as early as possible to make sure the certifications and background checks are completed, can be processed, and are returned prior to the expected start of employment.
As always, the Office of Human Resources is available and happy to assist those needing to obtain clearances. The College will continue to assume financial responsibility for the costs associated with this process. Employees who currently have clearances as a requirement of their jobs must obtain renewals prior to the expiration of their existing clearances. As a reminder, a background check that is required and that reveals legally disqualifying background information, prohibits the College from hiring the prospective employee.
The Pennsylvania Legislature passed Act 153 in October 2014 required nearly all employees and volunteers working in higher education to obtain child abuse and criminal background clearances. Recently, the Pennsylvania Legislature passed, and Governor Wolf signed on July 1, 2015, a revised version of Act 153, referred to as House Bill (HB) 1276. HB 1276 has made a number of significant revisions to the background check requirements contained in Act 153. Of most significance, HB 1276 exempts College employees and work study students from the need to obtain a background check where their contact with children (individuals under 18) is limited to interacting with matriculated* and prospective students of the College. This exemption should apply to nearly all of the College’s employees and work study students.
The amended law, however, does leave in place background check requirements for employees working with dual-enrollees (e.g., high school students who are taking classes at Haverford), personnel who have direct contact with children who participate in various summer camps on campus, and volunteers who have direct contact with children.
Internal Human Resource processes have been amended to allow the College to proceed with background checks on only those employees and volunteers whose position requirements meet the parameters outlined in HB 1276. Human Resources will continue to coordinate with hiring managers and supervisors to ascertain whether or not an employee or volunteer requires a background check. If it is determined that a background check is required due to the nature of work performed, the College will continue paying the fees associated with obtaining the clearances.
Should you have any specific questions about the new law, its impact on your position, a proposed position, or the Haverford community, you are encouraged to reach out to jsheehan1 [at] haverford.edu (Julie Sheehan).
* A matriculated student is defined as "a student who is enrolled in an institution of higher education and pursuing a program of study that results in a postsecondary credential, such as a certificate, diploma or degree."
Please contact jsheehan1 [at] haverford.edu (Julie Sheehan) in the Office of Human Resources for information on obtaining your clearances.
Please visit https://www.compass.state.pa.us/CWIS to complete the Pennsylvania Child Abuse History Clearance form.
Please note that you will need to provide your social security number, the addresses of all residences you have occupied since 1975, as well as the names, relationship and age of everyone you have lived with since 1975 (this includes children, parents, siblings, spouses, grandparents, etc.)
Please visit https://epatch.state.pa.us/Home.jsp to complete the Pennsylvania State Police Request for Criminal Record Check.
Please note that you will need to provide your social security number, the addresses of all residences you have occupied since 1975, as well as the names, relationship and age of everyone you have lived with since 1975 (this includes children, parents, siblings, spouses, grandparents, etc.)
If you miss the “completed registration screen,” you can also print a “registration receipt” here: https://www.pa.cogentid.com/perlpub/check_status.pl?pa=Receipt
All new employees must also affirm in writing that they are not disqualified from employment under Act 153. Please review and sign the attached affidavit, and return the signed copy to the Human Resources Office, 2nd Floor, Stokes Building.
Before beginning employment with the College, s/he must submit the following three items:
Many crimes are disqualifying: generally speaking, crimes involving children, crimes of a sexual nature, violent felonies, and drug felonies within the past five years
If an employee is arrested for or convicted of an offense that would constitute grounds for denying employment or participation in a program, activity, or service, or is named as a perpetrator in a founded or indicated report, the employee must provide the College with written notice not later than 72 hours after the arrest, conviction, or notification that the person has been listed as a perpetrator in the statewide database.
An employee who willfully fails to disclose information as required above commits a misdemeanor of the third degree and shall be subject to discipline up to and including termination or denial of employment.
Background checks must be conducted within 60 months of the most recent certification.
Yes, pursuant to Section 6344(b.1), the employer, shall maintain copies of the required information and require the individual to produce the original documents prior to employment or acceptance to serve in any such capacity, except provisional employees for limited periods.
Any person who obtained their clearances may transfer or provide services to another subsidiary or branch established and supervised by the same organization during the length of time the person’s clearances are current. Unfortunately, individuals who obtained clearances from other institutions will be required to undergo the clearance process while at Haverford.
*We have a very tiny magic 8 ball.