Requirements for Services to Minors

Requirements for Services to Minors

Frequently Asked Questions (FAQs)

Below is the section in the Community Agency Contract Boilerplate that pertains to Services to Minors, for easy reference:

ARTICLE 17, REQUIREMENTS FOR SERVICES TO MINORS

A. Criminal Background Checks: If Contractor provides services directly to minors, or provides services to participants, and these participants are accompanied by minors, Contractor shall conduct a criminal background check through the database of the California Department of Justice, and an FBI criminal database or equivalent national database on each of its employees and volunteers who have contact with or access to minors. Contractor shall not, at any time, allow its employees or volunteers to be in any position that allows for contact with or access to minors, if they have been convicted of any offense identified in the California Public Resources Code Section 5164. City and Contractor understand that the results of background checks on minors may be confidential under state law. Employees or volunteers under 18 years of age are allowed to work with other minors, provided that they are supervised at all times by an employee who has passed a criminal background check. Contractor shall ensure that no person paid or unpaid by Contractor shall be permitted to provide services to minors unless appropriate background checks have been performed prior to the beginning of services under this Agreement, and the person meets the standards set forth above.

B. Tuberculosis Testing: Contractor shall ensure that no person paid or unpaid by Contractor shall be permitted to provide services requiring contact with children unless Contractor has complied with the TB testing requirements set forth in Section 5163 of the California Public Resources Code, verifying that the person or persons has provided evidence/verification of a negative TB skin test reading less than 2 (two) years old (if newly hired) or within 4 (four) years (if current employee) of the date of execution of this Agreement. For persons with a positive TB skin test reading, a physician’s medical clearance must be obtained prior to services being provided as specified above. Grantee shall keep on file each “Certificate” of clearance for the persons described above, and shall also make available a copy of each Certificate to City, if requested and allowed by law. “Certificate” means a document signed by a licensed examining physician and surgeon or a notice from a public health agency or unit of the tuberculosis association, which indicated freedom from active tuberculosis.

FAQs:

Q: What types of criminal violations are covered here? What are all of the violations that the California Public Resources Code Section 5164 refers to in laypersons terms?

Proposed A: Refer to the California Penal Code ( http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=pen&codebody=&hits=20) for a full description of all of the violations contained in the California Public Resources Code Section 5164.

Q: My insurance carrier requires that my agency conduct a background check through a reputable online background check service (such as Intellicorp, http://www.intellicorp.net ); it does not require that my employees, etc. are fingerprinted. Are both fingerprinting and an online background check required for the City of Berkeley?

Proposed A: Unless the non-profit is otherwise covered under various state laws that require fingerprinting, such as those mentioned below, the City of Berkeley will allow contractors to use a reputable online background check service that uses a national database equivalent to the criminal databases of the California Department of Justice or the FBI.

Q: We have teens under the age of 18 working for us through the City’s Youth Employment Program. In order to enable us to continue participating in the City’s program, can youth under 18 be exempted from the criminal background check requirement?

Proposed A: Anyone under the age of 18 is allowed to work with other minors, provided that they are supervised at all times by an employee who has passed a criminal background check.

Q: Why is the City requiring fingerprinting of volunteers if the Community Care Licensing does not?

Proposed A: The City is requiring a criminal background check, which may include fingerprinting but does not have to. The Community Care Facilities (CCF) Act of 2009) does require fingerprinting of volunteers (see Section 1522).

Q: Are all volunteers required to have a criminal background check? Are there any exceptions?

Proposed A: The City will follow the state Child Care Center Regulations when it comes to volunteers. They state:

CHILD CARE CENTER Regulations GENERAL LICENSING REQUIREMENTS 101170 (Cont.)

101170 CRIMINAL RECORD CLEARANCE (Continued) 101170

(b) The following individuals are exempt from the requirement to submit fingerprints:

(1) A volunteer who is a relative, legal guardian, or foster parent of a child in the facility.

(2) A volunteer that provides time-limited specialized services if all of the following apply:

(A) The volunteer is directly supervised by the licensee or a facility employee with a

criminal record clearance or exemption.

(B) The volunteer spends no more than 16 hours per week at the facility.

(C) The volunteer is not left alone with children in care.

(3) A volunteer who is a senior citizen if all of the following apply:

(A) The senior citizen participates in a Foster Grandparent Program under the authority of the National Senior Service Corps and administered by the Corporation for National

Service.

(B) The facility has an agreement with the foster grandparent program concerning the

placement of the foster grandparent.

(C) The foster grandparent is supervised by the licensee or a facility employee with a

criminal record clearance or exemption.

(D) The foster grandparent is not left alone with children in care.

(4) A student who is enrolled or participating at an accredited educational institution if all of the

following apply:

(A) The student is directly supervised by the licensee or a facility employee with a criminal record clearance or exemption.

(B) The facility has an agreement with the educational institution concerning the placement of the student.

(C) The student spends no more than 16 hours per week at the facility.

(D) The student is not left alone with the children in care.

(5) A third-party repair person, or similar retained contractor, if all of the following apply:

(A) The individual is hired for a defined, time-limited job.

Q: Does the criminal background check requirement apply to medical personnel?

Proposed A: Contractors will not have to perform a criminal background check on any medical professional who holds a valid license or certification from the person's governing California medical care regulatory entity if all of the following apply:

1.  The criminal record of the person has been checked and cleared as a condition of licensure or certification by the person's governing California medical care regulatory entity.

2.  The person is providing time-limited specialized clinical care or services.

3.  The person is providing care or services within the person's scope of practice.

Q: Does the criminal background check requirement apply to volunteers on construction projects?

Proposed A: No, provided that volunteers are supervised by an employee who has been fingerprinted and they are never left alone with a minor while on the job.

Q: Must employees at service centers undergo criminal background checks, even though the centers may serve primarily single adults and not children?

Proposed A: Yes. You may, however, designate one employee who has had a criminal background check as the primary person to work with directly with minors.

Q: Are clients who are paid a stipend or clients who are placed into a leadership position by the community agency covered by the background check requirement?

Proposed A: Clients who are vested by the agency with some position of authority over other clients, where those other clients include minors, are covered and are subject to a criminal background check.

Q: Does the background check requirement apply to all volunteers or only those working solely with families with children?

Proposed A: They apply to all volunteers, with the exceptions noted above, who work with or have access to minors.

Q: Do I need to do a criminal background check on all current employees or only new hires?

Proposed A: A criminal background check is required on all current and future employees.

Q: Does the criminal background check requirement apply to all employees or only those funded by the City?

Proposed A: All employees in a program/project funded by the City are covered by this requirement, regardless of whether City funds are used to pay their salaries directly.

Q: What kind of documentation is required to document compliance with this section of the contract?

Proposed A: Contractors must have a policy in place and submit this policy and a plan for implementation to the City by October 1. This document will be required before the City can release the contractor’s second quarter check.