North Carolina Criminal Background Check in the Summer Food Service Program

NORTH CAROLINA CRIMINAL BACKGROUND CHECK IN THE SUMMER FOOD SERVICE PROGRAM

According to the Summer Food Service Program (SFSP) Federal Code of Regulations(CFR) §225.14(c)(1), sponsors are required to demonstrate financial and administrative capability for Program operations and accept final financial and administrative responsibility for total Program operations at all sites at which it proposes to conduct a food service. Further, The North Carolina Child Care Law (General Statute 110-90.2) requires a criminal record check for all child care operators and providers (which includes household members, age 16 and older) in licensed or regulated facilities and non-licensed facilities approved to receive State or federal funds for providing child care. For the SFSP, child care is defined as a program or arrangement where children up to 18 years old, receive federally funded nutritious meals on a regular basis of at least once per week.

Organizations that contract directly with North Carolina Department of Public Instruction (NCDPI) federally funded SFSP are called Sponsors. NCDPI believes that a safe and secure learning, recreational, nutritional and work environment should be provided for all SFSP participants and staff. NCDPI further believes that organizations should be role models for children and should positively represent the SFSP in the community. These beliefs reflect the fundamental principle that anyone who directly or indirectly has contact with children is in a unique position of trust in this society. Criminal dispositions against anorganization and principal(s) and/orthe failure to document its administrative capability to operate the SFSPmay have an impact upon these goals and will be considered in the SFSP pre-application process.

Background Check

NCDPI mandates that all non-school food authority organizationsapplying to participate in the SFSP must submit anannual State and Federal Fingerprint Background Check with their pre-qualification packet. Packets submitted without completed State and Federal Fingerprint Background Checks for all required SFSP principals(compensated, uncompensated)are considered incomplete. As determined appropriate, background check requirements shall apply to volunteers, site staff, and operation and administrative staffthat directly oversees the administrative and financial operations for the SFSP.

Procedures

The organizations shall be required to answer completely and accurately questions on their application with regard to previous criminal history. Failure to do so willcause the organization’s application to bedenied. Organizations shall consent in writing to a criminal State and Federal Fingerprint Background Check, provideresults and other identifying information as requested by the SFSP. To the extent permitted by law, failure to consent or provide relevant information will result in denial of the application.

Information obtained through the implementation of this policy shall be kept confidential. The information obtained through checking State and Federal Fingerprint Background Check is privileged information and is not a public record used exclusively by NCDPI in the SFSP. These records shall be kept in a locked, secure place, separate from the organization’s fileand destroyed after its use for the purpose authorized afteronecalendar year.

During the Pre-qualification process, and at any time during the organization’s participation in the SFSP, the NCDPI may request State and Federal Fingerprint Background Check on each non-school food authority organization’s primary authorized representative, financial representative,and/or principal to determine if that person has a criminal history that would make the organization ineligible to participate in the SFSP. NOTE: The term “principal” means any individual who holds a management position within, or is an officer of, the organization, including all members of the organization’s board of directors, or otherwise that directly exercises control of, or determines the actions of the SFSP portion of the organization.

The organization’s applicationmay be denied if the State and Federal Fingerprint Background Check and/or supporting records reveal a "criminal history," defined as the conviction of a crime, whether a misdemeanor or felony, that indicates the employee:

(1)poses a threat to the physical safety of children or personnel, or

(2)has demonstrated that he or she does not have the integrity or honesty to fulfill his or her duties as a SFSP principal.

Conviction of a crime, as used in this procedure, includes the entry of:

(1)a plea of guilty, nolo contendere, no contest or the equivalent; or

(2)a verdict or finding of guilty in a court of law or military tribunal.

NCDPI shall consult with legal counsel or obtain a certified copy of anorganization representative’s conviction notice prior to any final denial decision based on the criminal history. If the organization representative’s screening reveals convictions, NCDPI SFSP Specialist or designee will review and make a final decision regarding the suitability of the organization participation in the SFSP.

NCDPI shall notify the organization in writing if denial is made based on the assessment of the criminal background check conducted. Along with the denial of participation in the SFSP the organization will receive appeal procedures.

NCDPIwill collect government issued identification that contains a picture as well as proof of residential (home) address for each principal of non-school food authority organizations applying to or participating in the SFSP. This information will be used to check the National Sex Offender Registry ( for organization principals.

Acceptable forms of documentation include:

•Valid Driver’s license or personal identification card issued by the North Carolina Department of Motor Vehicle, or a similar document issued by a government agency of another state,

•Valid Military identification,

•Valid U.S. Passport,

•Current, valid North Carolina voter registration card,

•Official mail addressed to the person’s current address, by name, from a utility provider or government agency or bank,

•A current lease executed by the individual, and

•Any other government issued identification (such as Individual Taxpayer Identification Number (ITIN).

If at any time the organization’s principals change, the above information must be sent to NCDPI for the new principal(s).

There shall be no liability for negligence on the part of the organization, an owner or operator of the organization, a State or local agency, or the employees of a State or local agency, arising from any action taken or omission by any of them in carrying out the provisions of this policy. The immunity established by this policy shall not extend to gross negligence, wanton conduct, or intentional wrongdoing that would otherwise be actionable. The immunity established by this policy is waived to the extent of indemnification by insurance, indemnification under Article 31A of Chapter 143 of the General Statutes, and to the extent sovereign immunity is waived under the Torts Claim Act, as set forth in Article 31 of Chapter 143 of the General Statutes.

The cost of the personal FBI Fingerprint background check is borne by the organization. Below is a list of approved FBI Channeler to obtain the criminal background checks.Note the estimated processing time and cost required.Contact each agency to determine the actual processing time to ensure document is received in a timely manner.Remember to indicate “personal” background checkon your application for a State and Federal Background Check.

Two days-one week processing time

Inquiries Inc.$ 45.00

Twelve weeks processing time

FBI $ 18.00

Original documents received from the approved FBI Channeler should be mailed to NCDPI at 6324 Mail Service Center, Raleigh NC 27699-6324.

Sponsors who are also Licensed Child Care Providers may submit a valid letter of qualification under the North Carolina Child Care Act N.C.G.S. § 110-90.2 in lieu of the annual FBI Fingerprint checks as described above for each applicable principal.

If it is determined, based on your criminal history that you are unfit to have responsibility for the safety and well-being of children, you may challenge the accuracy of the information contained in your criminal history report by contacting the FBI Channeler or agency used to complete the background check.

Organizations will annually check the National Sex Offender Registry ( to ensure that none of the sponsor’s workers/volunteers (whom a State and Federal Background Check was not submitted) appear on the list. Any sponsor workers appearing on the list shall not be allowed to provide services for SFSP. Organizations must maintain records to support that the registry has been checked and the sponsor personnel in not listed.

Sites

Organizations shall ensure all sites conduct criminal background checks on each of its employees who engage in any services at SFSP sites. The site representative shall certify that criminal background checks were conducted on each of its employees (including site representative and volunteers) prior to engaging and having repeated contact with the children.

Site employees (including site representative and volunteers) shall not be allowed to provide services at SFSP sites if:

1. worker has been convicted of a felony;
2. worker has been convicted of any crime, whether misdemeanor or felony, involving sex, violence, or drugs; or
3. worker has engaged in any crime or conduct indicating that the worker may pose a threat to the safety or well-being of children or organizations personnel.

Site representative will submit copies of a government issued photo identification of employees (including site representative and volunteers) involved with the SFSP to the organization prior to providing services at SFSP sites.

Organizations will annually check the National Sex Offender Registry ( to ensure that none of the site workers (including site representative and volunteers) appear on the list. Any site workers appearing on the list shall not be allowed to provide services at SFSP sites. Organizations must maintain records to support that the registry has been checked and the site personnel in not listed.

SFSP/ NC DPI Sponsor Criminal Background Checks 12/3/15 1