Human Resources

Update on PA Act 12 of 2022 (Formerly PA Act 153)

Summary of Changes: The Governor of Pennsylvania approved House Bill No. 764 (known formerly as PA Act 153), now called PA Act 12 of 2022 (Act 12), which amends the Child Protective Services Law (CPSL) to now permit employers to hire employees on a provisional basis while the employees await the results of their background clearances.

As a result of Act 12, Haverford may now hire employees provisionally for a single period not to exceed 45 days, so long as the following conditions are met:

• The candidate has applied for the necessary background checks and provided a copy of the completed request forms to the employer; should we not receive the completed background checks within 45 days, we will terminate employment as it will be stated as a condition of employment. However, if the then terminated employee provides the necessary documents within 7 business days they may be rehired.
• The employer has no knowledge of information that would otherwise disqualify the applicant under the CPSL. Note: the hire can also submit copies of previously completed clearances during provisional status, though this documentation does not eliminate the need to undergo the process with Haverford;
• The applicant swears or affirms in writing they are not disqualified from employment under the CPSL by completing the Affidavit for Provisional Employment in Compliance with Act 12;
• The employer requires that the applicant work in the immediate vicinity of a cleared employee;
• The applicant submits the results of the background checks to the employer within the prescribed time period;
• and the employer immediately terminates the applicant if the background checks reveal that the applicant is disqualified from employment.

Newly hired employees who have contact with children may be hired in the 45-day provisional process provided they meet the requirements. The College is required to terminate those newly hired employees subject to Act 12 who have not completed the background check within the required 45-day period. Should the newly hired, but terminated, employee submit the required forms after 45 days and the reports are compliant, the employee may be rehired.

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 PA Act 12, 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.

The amended law, however, does leave in place background check requirements for employees working with dual-enrollees (i.e. high school students who are taking classes at Haverford College), personnel who have direct contact with children who participate in various summer camps on campus, and volunteers who have direct contact with children.

Non-Provisional Basis

While PA Act 12 does not require background checks for employees who engage with strictly matriculated and prospective students, the College has identified certain categories of employees who, due to their level of access, care, custody, and control of a minor, are required to complete the background check process as a means to mitigate risk and protect the institution from potential claims. This exemption should apply to nearly all of the College’s employees and work study students.

Internal Human Resources processes have been amended to allow the College to proceed with background checks on only those employees whose position requirements meet the parameters outlined in PA Act 12. 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 smccarthy1 [at] haverford.edu.

*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.”

Obtaining Clearances

Please contact smccarthy1 [at] haverford.edu for information on obtaining your clearances.