FABA's Volunteer Background Check Policies

PA state regulations make it necessary

Updated Tuesday February 14, 2017 by FABA.

FABA Members,
 
Changes to Pennsylvania law regarding background checks for volunteers went into effect July 1st of 2015. In order to comply with the new law and to ensure the safety and well being of all of our players, FABA is changing its policy and process on volunteer background checks.
 
All volunteers who have direct contact with children must have the following three documents on file with FABA.
 
  1. Report of criminal history from the Pennsylvania State Police (PSP)
  2. Child Abuse History Clearance from the Department of Human Services
  3. A fingerprint based Federal criminal history (FBI) submitted through the Pennsylvania State Police or its authorized agent UNLESS applicant has been a continuous resident of Pennsylvania for the past 10 years in which case a signed, witnessed affidavit of such must be kept on file
    • An affidavit for residents of PA for the past 10 contiguous years is available through the link at the bottom of this article. It must be signed and notarized.
    • Background check must be done in person at fingerprinting sites
 
All FABA coaches will need to obtain these clearances themselves and turn them in to FABA either electronically via email or as hard copies via postal mail to:
 
FABA 
P.O. Box 534
Fleetwood, PA 19522 
 
Unless FABA has all three of these documents on file, we cannot allow volunteers to interact with our players. Knowingly allowing such contact is a class 3 misdemeanor, so we cannot make exceptions even if the clearance has been applied for and is on its way. With the Fall Ball season coming up, volunteer coaches should act now to obtain all three of these clearances before practices begin in August. 
 
The following FAQ should help you with questions you might have about the requirements of the new law. Please let us know if you have any concerns that are not answered by this and we will address them as best we can. 
 
Frequently Asked Questions About the New Requirements
 
  1. Who needs clearances?
  2. What is the definition of child?
  3. How is direct contact with children defined?
  4. What clearances are needed?
  5. What is the renewal requirement for clearances?
  6. Is the use of a third-party vendor to process my clearances acceptable?
  7. How much do the clearances cost?
  8. Do I still need to submit a copy of my PSP or FBI clearance results when applying for my child abuse clearance?
  9. Are there any other requirements regarding clearances?
  10. Is the person responsible for acceptance of volunteers required to keep a copy of my clearances?
  11. Can my clearances be transferred?
  12. As a volunteer, do I obtain my Federal Bureau of Investigation Criminal
    History check through the Department of Education or the Department of
    Human Services?
 
Beginning July 1, 2015, an adult applying for an unpaid position as a volunteer
responsible for the welfare of a child or having direct contact with children.
 
For purposes of clearances, a child is an individual under 18 years of age.
 
Direct contact with children is defined in § 6303 (relating to definitions) as the care,
guidance, supervision or control of children or routine interaction with children. 
 
Beginning July 1, 2015 prospective volunteers must submit clearances prior to the
commencement of service.
 
Beginning July 1, 2015 all volunteers will be required to obtain clearances every 36
months.
Volunteers are required to obtain updated clearances as follows:
  • Within 36 months of the date of the most recent certification;
  • By July 1, 2016 if their clearance is older than 36 months; or
  • By July 1, 2016, if they have not received a clearance because they previously were not required to obtain clearances.
Third-party vendors may be used to process your Child Abuse, PSP and FBI clearances using the steps established above. They are not permitted to conduct background checks or clearances through other databases in lieu of the steps outlined above. 
 
  • The Pennsylvania State Police Criminal Record Check costs $10.
  • The Pennsylvania Child Abuse History Clearance costs $10.
  • The Federal Bureau of Investigation (FBI) Criminal Background Check costs $27.50 through the Department of Human Services.
Beginning December 31, 2014, volunteers are no longer required to submit a copy
of their PSP or FBI clearances with their child abuse application. If the Department
receives copies attached to the child abuse application we will not return those
copies and they will be shredded due to the confidential nature of the information
contained on the clearances. 
 
If an volunteer is arrested for or convicted of an offense that would constitute
grounds for denying participation in a program, activity or service, or is named as a
perpetrator in a founded or indicated report, the volunteer must provide the
administrator or their designee 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.
A volunteer 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 a volunteer position.
 
copy of my clearances?
Yes, pursuant to § 6344 (b.1), the employer, administrator, supervisor or other
person responsible for employment decisions or acceptance of the individual to
serve in any capacity requiring clearances, shall maintain a copy of the required 
information and require the individual to produce the original document prior to
employment or acceptance to serve in any such capacity, except provisional
employees for limited periods as described in § 6344.2 (f) and outlined above. An
employer, administrator, supervisor or other person responsible for selection of
volunteers that intentionally fails to require an applicant to submit the required
clearance before the applicant’s hiring commits a misdemeanor of the third degree.
 
Yes, any person who obtained their clearances may serve in a volunteer capacity
for any program, activity or service during the length of time the person’s
certification is current. 
 
The agency under which an applicant should submit their FBI clearance application
is based on the agency or organization for which they intend to volunteer. If the
applicant intends to volunteer in a school or at a school related function, they would
apply for their FBI clearance through the Department of Education. If the applicant
intends to volunteer with children in any other capacity outside of a school setting
or function, such as a group home for children, in a church, as a Little League or
soccer coach, etc, they would apply for their FBI clearance through the Department
of Human Services. 

New Volunteer Affidavit - 2016-04-15.pdf



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