Are you compliant with the new Pennsylvania criminal background clearance requirements? As of December 31, 2014, employers must obtain certain background clearances—including a FBI fingerprint clearance—on all individuals applying for positions responsible for the welfare of a child or “having direct contact with children.” Unfortunately, the new law’s definition of “direct contact with children” is less than clear, leaving most employers guessing as to whether they must obtain background clearances for their employees and volunteers. At this juncture, employers are forced to perform a position-by-position analysis to determine whether they are required to comply with the new law’s vague phrase, “routine interaction with children.”
To read the 2014 act, go to:
http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2013&sind=0&body=H&type=B&bn=0435
There have been several efforts by the legislature—and even some discussion by the Department of Human Services (the agency responsible for enforcing the new law)—to further define the phrase “direct contact with children,” and to introduce certain limitations to its application. For example, Rep. Kortz (D-Allegheny) has circulated the following co-sponsorship memo, evidencing his intent to introduce a bill to address the background check requirement for minors: http://www.legis.state.pa.us/cfdocs/legis/home/member_information/House_bio.cfm?id=1091. Additionally, Rep. Truitt (R-Chester) has introduced H.B. 711 to address the cost of background checks for volunteers: http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2015&sind=0&body=H&type=B&bn=711
The professionals and attorneys at Buchanan Ingersoll & Rooney PC have experience with this and related issues, and are able to assist with compliance concerns under the new law, and the legislative and agency efforts currently underway to revise the new law. Please call Deb Suder at (717) 237-4853 or Jacob Theis at (717) 237-4854 to discuss this and other matters.