Making a case for law change regarding volunteers

In the wake of the Jerry Sandusky scandal, 23 bills were enacted to prevent and better protect Pennsylvania kids from child abuse. The legislative package marked a major overhaul of the way child abuse cases are handled, including stronger requirements for reporting and a broader, more rigorous system of background checks for those who interact with children.

As part of that package, Act 153 of 2014 requires volunteers working with children to obtain more extensive background checks including the Child Abuse History Clearance, issued by the Pennsylvania Department of Human Services and the Criminal History Record Check, issued by the Pennsylvania State Police. In addition, those who have not been continuous residents of the Commonwealth for the last 10 years require FBI clearance.

It quickly became apparent, however, that the new law had some unintended consequences. School districts, childcare associations, religious groups, colleges and universities, and nonprofit organizations all expressed real concerns about the impact of these requirements on their volunteers.

Volunteers, who provide vital support and services to many of these organizations, were at risk of being deterred by the burdensome process and costs associated with obtaining multiple background checks. In response, my colleagues in the legislature and I worked to strike a better balance in protecting kids and promoting volunteerism.

House Bill 1276, which unanimously passed the House and Senate yesterday, more clearly defines who is subject to the required background checks and makes them less onerous while ensuring adequate protections remain in place. It is expected to be signed by the governor shortly.

The bill calls for among other things:

• Improving and clarifying the definition of “direct contact” to mean (that a background check is required for) an individual who provides care, supervision, guidance or control of children and has routine interaction with children. The current law uses the word “or” instead of “and.” Changing the definition will significantly narrow the number of individuals who require background checks.

• Adding the definition for the term “routine interaction” as “a regular, repeated and continual contact that is integral to a person’s employment or volunteer responsibilities.”

• Permitting volunteers who are Pennsylvania residents, but have not resided in the Commonwealth for the entirety of the previous 10-year period to obtain the required FBI criminal background check only once upon establishing residency. The current law requires those individuals to obtain an FBI background check clearance every three years until they reach 10 consecutive years of residency in Pennsylvania.

In addition, Governor Wolf recently announced that beginning July 25 fees for child abuse clearances and criminal background checks required under the Child Protective Service Law will be waived for volunteers working with children.

Persons seeking employment for work with children and others required under the law will still be assessed fees for the clearances, but at a reduced cost of $8 each.

The safety of all children is paramount, but it is also important that we make an effort to promote volunteerism and support volunteer-based organizations. House Bill 1275 allows Pennsylvania to do both.