California Volunteers Criminal History Check Requirements CV Grantee

California Volunteers Criminal History Check Requirements CV Grantee Training Conference 2017 Tara Baltzley CV Sr. Program Officer 1

Why do checks? • Protect the Vulnerable (including members) • Protect Your Program 2

Who and When? • ALL Covered Positions o Ameri. Corps Applicants o Staff Charging Time to the AC Grant (the budget test) – includes match and in-kind • BEFORE they start! 3

Match? • ALL Covered Positions o o o Staff Charging Time to the AC Grant (the budget test) – includes match and in-kind The salary could be coming from a partner, but if it’s listed on your budget as match – they need CHC NSOPW. gov is often the thing missed 4

NOTE: CV Requirements DIFFER from CNCS Minimum Requirements :

California: CV exceeds CNCS’ minimum requirements: • View all populations as vulnerable – so ALL staff and Ameri. Corps members must be checked • Must be CLEARED prior to start -- No ‘accompaniment’ • NSOPW – require you repeat it annually on Ameri. Corps members 6

Do the Big 3 on time, every time! Document, document! 7

The ‘Big 3’ 1. State Check(s) – California and state of residence 2. Federal Check – FBI 3. NSOPW. gov 8

The Process Let’s go through each step… 10

Obtain Consent • Get written consent to perform checks • Document understanding that eligibility is contingent on results (My AC application) • CNCS criteria (only murder or sex offense) • Your program’s criteria / policy (can be more stringent) 11

Verify identity through government-issued photo identification (maintain documentation) 12

Source of Checks 2 for 1 at the California DOJ! The only CNCS-approved repository • California State Check • Fingerprint-based FBI Check • State of Residence Check – that state’s repository 13

Source of Checks NSOPW. gov The only CNCS-approved source covering ALL sex offenses 15

NSOPW. gov 1. Nationwide NSOPW. gov (all areas reporting – if a state isn’t reporting, either go directly to their state sex offender registry (google it) and print results, or recheck NSOPW. org later) 2. Documentation – print screen of the results 3. Any ‘hits’ must be printed and resolved (if needed, click thru to info. ) 4. Include notes to show all were cross-checked, and determined not to be the applicant 5. Sign the printout and then note the date this was performed on CV’s NSCHC Verification Form 22

Returning Members If less than 120 -day break in service, you just need to re-run the NSOPW. gov check. 23

Receive Results 1. Document receipt date of check results (maintain documentation). 2. Consider check results per CNCS requirements and your own program’s policy for eligibility. 3. If the results would disqualify your applicant, provide opportunity to review findings. Be mindful of Civil Rights laws. Document that you did so. 24

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Confidentiality California law prohibits the actual results from being shown to others (including CNCS or CV). Actual results, aka. ‘RAP sheets’, must be locked up with Custodian of Record-only access CNCS has a Pre-Approved Alternative Search Procedure (ASP) for this, which states each file must document this limitation in writing, and that all aspects of checks and clearance were compliant. You must also document the source, dates, clearance decision, and signature of reviewer and date they cleared the person. CV’s Verification form includes ALL of this. 27

CV has two tools to help you DO and DOCUMENT the checks • CV NSCHC Checklist – outlines each step needed to perform compliant checks • CV’s California Ameri. Corps State NSCHC Verification Form – documents everything in one place 28

Document Clearance 1. Document clearance decision, with date, name and signature of the ‘certifying official’ 2. THIS DATE MUST BE PRIOR TO START / TIME CHARGED TO GRANT 3. Use CV’s NSCHC Verification Form following the Steps Checklist on the back 4. Place Verification Form in the member or staff person’s file (along with NSOPW printout) 5. If you have a clearance email or letter from HR, include that in the file. 29

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Additional Considerations 32

Partners Performing Checks

School District Checks This is similar to ‘partners performing checks’. You must have a memo stating they meet requirements. 38

Programs Need Written CHC Policy & Procedures 1. CV has a policy checklist on grantee central 2. Use of CV’s NSCHC Steps Checklist and CV’s NSCHC Verification Form should be part of every program’s procedures 39

Staying Current Assign a Background Check Expert who’ll keep up on the latest policy 40

Ameri. Corps Grantee Training Conference 2017

Resources CV’s Grantee Central: under ‘Resources’ there is an entire CHC section including: CV Criminal History Checks Training (this one!) CV Contract - Exhibit H CV NSCHC Verification Form and Steps Checklist FAQS • CNCS NSCHC FAQs – Updated Jan 2016 • CV’s Supplemental Info on Staff Checks (excerpts from the others) • CV CHC Policy and Procedures Development Steps Checklist • • 42

Other Resources CV also has additional resources you can ask your PO for: • Sample HR letter attesting to a compliant process • Effective Dates document for staff checks from prior to 2013 • CV Assessment Period guidance 43

Non-Compliant Checks • CNCS 2017 NSCHC Enforcement Guide • Based on risk-mitigation levels • The more you’ve done right, the less this hurts! 45

Assessing Disallowed Cost 1. Discovered non-compliance (through self-report or file review) = corrective action needed 2. Expanding the scope of the review 3. Late or missing checks assessed using CNCS’ Enforcement Guide Matrix – this results in a fine 4. The documentation and assessment are reviewed by CNCS and a payment request is issued 47

Common Findings • Staff of partners (Site Supervisors) not having been checked (NSOPW) • Forgetting to re-run NSOPW for returning members • Vendor problems • Late checks for late-starting members 48

Thank You!!! Questions? Contact your PO or email tara. baltzley@cv. ca. gov 50