Volunteer laws implemented, still evolving
Under new legislation, FBI fingerprinting is required for volunteers who work with children and who haven't lived consistently in Pennsylvania for the past 10 years. The fingerprinting is available at Intermediate Unit 1 in Coal Center and Mail Boxes Plus More in Washington and Waynesburg.
Michele Mcvicker helps fingerprint Gerri Diaz of McDonald, who is a parent volunteer at Fort Cherry schools. Starting July 1, anyone 18 or older applying for an unpaid position responsible for the welfare of a child, or having direct contact with children, will need state police and Department of Human Services clearances, and perhaps FBI fingerprinting.
Shown are parts of the two documents volunteers will not be required to obtain for their organizations. State police perform a criminal background check, while the Department of Human Services, previously the Department of Public Welfare, looks through a child abuse registry of indicated or found reports.
If a grandmother wants to sell hot dogs in the concession stand during her grandson’s baseball game, does she need to obtain a criminal background check? If a father wants to read a book to his daughter’s kindergarten class, does he need one?
The answer is … maybe.
In a post-Jerry Sandusky world, the simple act of helping children has been made at least a little more difficult. Twenty-three pieces of state legislation were enacted in 2014, changing Pennsylvania’s response to child abuse, including requiring regular background checks for those who work with children, such as teachers and child care employees. Starting July 1, those guidelines will apply to volunteers, as well.
Anyone 18 or older applying for an unpaid position responsible for the welfare of a child, or having direct contact with children, needs clearances in the form of a state police and Department of Human Services clearance and FBI fingerprinting.
As the change date approaches, confusion and concerns about the cost of these new measures led several state officials to take another look at policy. Gov. Tom Wolf recently waived some associated fees, saving $16 per applicant, and a state House committee approved amending the law so that organizations aren’t forced to cut programs because of fewer volunteers. If it passes, the new law would apply to only those who regularly have contact with children, rather than all volunteers, which would greatly reduce the number of people affected.
“We’ve spent time making sure we clarify (the new law) and continue to have conversations,” said Cathy Utz, deputy secretary in the Office of Children, Youth and Families.
She advised organizations that are unsure to ask the following questions of their volunteer positions: Is the volunteer responsible for a child’s welfare or acting in lieu of a parent? Will the volunteer have direct contact with a child by providing guidance, supervision or control through routine interaction?
Utz said the phrase “routine interaction” has brought about the most confusion. According to the Department of Human Services, the law does not include one-time “incidental” contact. She did, however, advise schools to follow the Pennsylvania Department of Education regulations, which require anyone working with or observing children in a school setting to have the clearances.
Dr. Jill Jacoby, Fort Cherry School District superintendent, said that any individual or organization coming onto the school campus must have the background checks, including those whose teams use the district athletic fields.
Fort Cherry School District has required clearances for the past three years.
“It is a financial burden on some organizations, but it’s for the safety and security of all of our kids,” Jacoby said.
She made a mobile lab available for two days during the school year to provide convenient, low-cost fingerprinting to employees and the public.
The staff of the Catholic Diocese of Pittsburgh has become a resource for churches that are making the transition. Phyllis Haney of the Protection of Children & Young People department, said the diocese was quick to act after many allegations of abuse were made against clergy members. Child-abuse clearances became mandatory for “anyone doing anything in the name of the church” in 2002.
“It was tough at the beginning,” she said. “When we first started, we took a (financial) hit. But we’ve been doing it so long now, Protestant churches look to us as a guide, and we advise them on what they need to do.”
The diocese is composed of about 70 schools and 200 parishes, with 43,000 people in its database as volunteers and employees. A “safe environment” policy ensures that, if a person leaves one school or parish for another, their file goes with them.
The diocese pays for the criminal background check, and the parish or church is responsible for the child abuse clearance, putting no financial burden on their volunteers. The diocese is still figuring out how FBI fingerprinting will be funded.
“An essential part of what we do is protect children,” said Haney. “If someone wants to fry french fries at a festival, they have to get the clearance. Whatever we have to do, we’ll do.”
Pastor Gary Grau of First United Methodist Church, Waynesburg, said that he and all church leaders have gotten the checks. For their upcoming vacation Bible school, the volunteers in charge of age groups will also have the clearances, although the church is not requiring every volunteer to have them.
“We are for it,” he said of obtaining volunteer clearances. “It just takes time and effort to get done.”
Perhaps the most affected by these new laws are organizations that rely solely upon volunteers to operate.
Washington Youth Baseball, which has about 600 children involved, is one such group. President Rick Herrnberger said before changes to the law, volunteers obtained clearances from a private firm at about $5 apiece.
Considering Gov. Wolf’s waiver, which will go into effect July 25, the cost of FBI fingerprinting will be the only cost to volunteers, at $27.50. Before the waiver is implemented, the cost for the state checks is an additional $20.
Herrnberger said the league is looking at its options for increasing funding. He has not noticed a decline in the number of people offering to volunteer.
“Of the utmost importance is the safety of children, but it’s a tax on volunteers,” he said.
FBI fingerprinting must be completed by any volunteer who has not lived in Pennsylvania consistently for the past 10 years, and can be done at Department of Human Services vendors only. Three exist in Washington and Greene counties: Intermediate Unit 1 in Coal Center and Mail Boxes Plus More in Washington and Waynesburg.
For more information or to obtain Pennsylvania child abuse clearances, visit www.keepkidssafe.pa.gov. To report suspected child abuse, call 1-800-932-0313.