The Pennsylvania General Assembly amended the Child Protective Services Law (the CPSL) several times. The most recent changes were through Act 153 to require all school employees, contractors and volunteers having direct contact with children to obtain new clearances (child abuse history clearance and state and federal criminal history checks) every 60 months.
VOLUNTEER REQUIREMENTS
PDE’s view is that mere visitors are not normally required to obtain background checks to the extent that such visitors are not responsible for a child’s welfare or are visiting the school irregularly and not providing for the care, supervision, guidance, or control of children. Some examples of situations where such visitors normally would not be required to have background checks would include but are not limited to: Back-to -School nights, parent/teacher conferences, school assemblies, school concerts, assisting with school birthday parties, parent guest readers, chaperones for field trips and dances (so long as not routine or responsible for the child’s welfare), Halloween parades, collecting tickets to sporting events, working concession stands, participating in “Career Day,” Etc. In this capacity, school visitors do not need the clearances. By contrast, persons who are responsible for the child’s welfare or who wish to visit the school regularly to serve as volunteers and to provide for the care, supervision, guidance or control of children would be required to have background checks. Some examples of persons needing background checks would include but not be limited to regular classroom volunteer assistants, recess and library volunteers, and volunteer coaches/club advisors.
VOLUNTEER FBI BACKGROUND CHECK
All school volunteers must now obtain a volunteer Service Code from the Pennsylvania Department of Human Services (DHS). This change is in response to a bulletin issued by DHS that indicates all individuals governed by the Child Protective Services Law (CPSL) must obtain clearances through DHS. This change includes all public, private, and nonpublic school volunteers. To obtain a volunteer Service Code, individuals must contact DHS directly at 1-877-371-5422 or RA-PWCPSLQUESTIONS@pa.gov.
What Steps Do I Need to Take?
Deer Lakes School District strongly supports the involvement of parent/guardian and community volunteers. State law now requires that any volunteer who has direct contact with students to have necessary clearances on file with the District.
In addition, the following form must be signed and submitted:
Acknowledgment of Volunteer Obligations Form (PDF Download)
The state law also requires volunteers to notify the District within 72 hours if they are arrested or convicted of a Disqualifying Offense. To ensure that all volunteers are aware of this requirement, you will be required to sign and submit a copy of the Acknowledgment of Volunteer Obligations when you submit your clearances at the District offices.
What should I do with the paperwork once it arrives?
Only after you get all three clearances back (or two plus the signed waiver), take the originals to the school building in which you will volunteer during normal office hours along with a signed copy of the Acknowledgement of Volunteer Obligations . The administrative staff will review your clearances and will make a copy to keep in the District files. The originals will be returned to you. Thereafter, your name will be added to a central database of volunteers who have submitted clearances.
There are three types of volunteers:
Which Type of Volunteer Is Required to Have Clearances?
Independent volunteers & volunteer coaches/sponsors are required to get clearances. Assistive volunteers are not required.
Clearance Information
The following clearances are required to work or volunteer in school districts. The following sets forth information on applying for each:
Independent Volunteers/Sponsors/Coaches
or Paid Sponsors
Act 114 – FBI Fingerprint Information or FBI Fingerprint Clearance Waiver
Federal Criminal History Check
Please use the website for this clearance, not the fingerprint card by mail.
Pennsylvania Criminal History Check
Please use the website for this clearance not the printed form.
Pennsylvania Child Abuse ClearancePlease use the website for this clearance not the printed form.
All clearances should be submitted along with the ENTIRE volunteer packet to the building in which you are volunteering.
Should you have specific questions, please refer to the FAQs
Clearances can be used in other volunteer capacities in your community for youth programs through local centers and/or any religious centers. The costs of the clearances will be incurred by the volunteer or employee. In the event financial hardship may deter you from volunteering when clearances are required, please contact your building principal.
Who needs clearances?
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.
What is the definition of a child?
For purposes of clearances, a child is an individual under 18 years of age.
How is direct contact with children defined?
Direct contact with children is defined in § 6303 (relating to definitions) as the care, supervision, guidance, or control of children or routine interaction with children.
Which clearances are needed?
All prospective volunteers must obtain the following clearances:
What is the renewal requirement for clearances?
Beginning July 1, 2015, all volunteers will be required to obtain clearances every 60 months. Timelines for renewed clearances are based on the date of each individual clearance. If an individual or agency elected to renew all clearances at the same time, the date of the oldest clearance rather than the most recent would be used.
If you are a new volunteer, you need to submit certification prior to the commencement of service.
Volunteers are required to obtain updated clearances as follows:
How do I obtain my clearance?
The Child Abuse, PSP, and Federal clearances can all be applied and paid for
electronically. The Federal clearance also requires a fingerprint submission. All
necessary instructions and links to apply for these clearances can be found at
How to Obtain Clearances
Is the use of a third-party vendor to process clearances acceptable?
Third-party vendors may be used to process Child Abuse, PSP, and Federal 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. In addition, persons responsible for the selection of volunteers remain responsible for selection decisions based on the information obtained
How much do the clearances cost?
Who pays for clearances?
The volunteer is responsible for paying the cost of the required clearances
Are there any other requirements?
If a 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.
What is the provisional clearance requirement for volunteers?
Volunteers may serve on a provisional basis for a single period not to exceed 30 days if the volunteer is in compliance with the clearance standards under the law of the jurisdiction where the volunteer is domiciled. Is the person responsible for the acceptance of volunteers required to keep a 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 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 as described in § 6344.2 (f) and outlined above. An employer, administrator, supervisor, or other person responsible for the selection of volunteers who intentionally fails to require an applicant to submit the required clearance before the applicant’s hiring commits a misdemeanor of the third degree. Agencies are reminded that the child abuse history clearance information is confidential and may not be released to other individuals.
Can an agency or organization institute additional standards?
Yes, nothing prohibits an organization from requiring additional information as part of the clearance process.
Can my clearances be transferred?
Yes, any person who obtained their clearances within the previous 60 months may serve in a volunteer capacity for any program, activity, or service (e.g. Clearances can be used in the school capacity and for a local community group and/or church organization at the same time.) However, to become a newly approved volunteer, those clearances initially presented must still be no less than 1 year old at the time of application and Board approval.
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?
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.
Additional Frequently Asked Questions from PA Department of Human Services.
What is the renewal requirement for clearances?
Beginning July 1, 2016, all volunteers will be required to obtain clearances every 60 months. Timelines for renewed clearances are based on the date of the oldest clearance.
Volunteers are required to obtain updated clearances as follows:
Within 60 months of the date of the most recent clearance;
By July 1, 2016, if the clearance is older than 60 months; or
By July 1, 2016, if they were approved as a volunteer before July 1, 2015, and had not received a clearance because they previously were not required to obtain clearances.