Screening, Background Checks and Suitability Process: For

Individuals who have Regular Contact with Children

MAJ Jeremy M. Serafin703-601-7058ARNG-HRS

Background check screenings for employees, contractors, providers and household members, volunteers, MWR recreation partners, youth and other individuals working with children in Army sponsored or sanctioned programs are required by Public Law, Department of Defense instructions, and Army regulations.

Background checks are needed to ensure that individuals interacting with children are of good character, law abiding, and without history of conduct or behavior inconsistent with the child protection mission. The intent is to ensure the safety of children and reduce the risk for child abuse in CYS Services settings by screening individuals where child contact is likely.

Why?

Keeping Children Safe

Background

Army Directive 2014-23, Secretary of the Army, 10 Sep 14, subject: Conduct of Screening and Background Checks For Individuals Who Have Regular Contact With Children in Army Programs

Army Directive 2014-23 has identified seven ARNG Responsibilities: 1. Develop internal SOP2. Provide step-by-step instructions 3. Process of handling derogatory information4. Designate CDE5. Statement of work6. Internal quality control checks7. Convene a PRB

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Mandatory Disqualifiers

Per DODI 1402.5 the following offenses are mandatory disqualifiers :

Any conviction for a:-sexual offense-drug felony-violent crime-criminal offense involving a child or children

Note: Due process must always be afforded to individual

Discretionary Disqualifying Criteria

(a) Acts that may tend to indicate poor judgment, unreliability, or untrustworthiness in working with children.

(b) Any behavior, illness, or mental, physical, or emotional condition that in the opinion of a competent medical authority may cause a defect in judgment or reliability.

(c) Offenses involving assault, battery, or other abuse of a victim regardless of age of the victim.

(d) Evidence or documentation of substance abuse dependency.

(e) Illegal or improper use, possession, or addiction to any controlled or psychoactive substances, narcotic, cannabis, or other dangerous drug.

(f) Sexual acts, conduct or behavior that, because of the circumstances in which they occur, may indicate untrustworthiness, unreliability, lack of judgment, or irresponsibility in working with children.

Discretionary Disqualifying Criteria

(g) A wide range of offenses such as arson, homicide, robbery, fraud, or anyoffense involving possession or use of a firearm.

(h) Evidence that the individual is a fugitive from justice.

(i) Evidence that the individual is an illegal alien who is not entitled to acceptgainful employment for a position.

(j) A finding of negligence in a mishap causing death or serious injury to a child or dependent person entrusted to their care.

Suitability Determination Due Process Rights

• Right to reply to notice and review material* on which action is based

• Right to submit written statements and documentary evidence

• Time to respond

• Right to challenge accuracy of facts

• The NATURE OF THE POSITION for which the person is applying or in which the person is employed i.e. nexus

• The NATURE AND SERIOUSNESS of the conduct

• The CIRCUMSTANCES surrounding the conduct

• The RECENCY of the conduct.

• The AGE of the person at the time of the conduct.

• Contributing SOCIETAL CONDITIONS.

• The absence or presence of REHABILITATION or efforts toward rehabilitation.

Additional Considerations

Agencies must consider a list of additional considerations to the extent OPM or the relevant agency, in its sole discretion, deems any of them pertinent to the individual case

Final Suitability Decisions• All derogatory (less than favorable) findings from

screening and background checks must first be adjudicated for suitability at the State level.

• Adjudication will include the conduct of Program Review Boards (PRBs) for a detailed review of findings followed by a recommendation to the State Commander for all less than favorable findings.

• If a State Commander recommends suitability in the presence of derogatory findings, final suitability will be determined by the Headquarters Department of the Army (HQDA) PRB Review Panel.

CDE, Commander Designated Entity, works with the State security specialists, is responsible for initiating, tracking and compiling the results, and identifying derogatory information.

When preliminary investigations return favorable results, the CDE will give the results to the hiring/responsible organization.

Terms- CDE

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If derogatory information is found, the CDE will give the results to the State Commander.

Individual is allowed due process, CDE must forward packet to the State PRB for adjudication. The State PRB must review the individual's case and recommend whether the individual should be found suitable for a child care services position.

Terms- CDE cont.

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PRB- Process Review Board Responsible to review, assess, and vote on the information that is received on each case. Makes recommendations to the State commander for their consideration regarding the applicant’s suitability to work with children in the considered position.

PRB members consist of at least three from the following: • A Chairperson 05/06 (Appointed by Commander)• Security Office Representative• State Family Program Director• Equal Employment Opportunity (EEO) Officer• Human Resources Officer• Staff Judge Advocate (SJA)

Terms - PRB

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Personnel. Military members (active and reserve), civilian employees, CYSS personnel and contractors filling any position involving regular interaction with children

Must have: a local law enforcement check (where available), an FBI fingerprint check and a CNACI completed with a favorable suitability determination before working outside LOSS

Category 1 Personnel

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Other Contractors/Personnel : provide services on an occasional basis or for such a short duration that conducting the CNACI is not feasible. These individuals must have an IRC (when applicable), a State Criminal History Repository Check (SCHR), and an FBI fingerprint check with favorable results before working; otherwise, they may only work under LOSS

Category 2 Personnel

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Recurring contacts may include services performed:

(a) more than an average of 1 day a week for 3 or more months, or;

(b) daily for a period of 1 month or longer.

Recurring Contact

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How does this apply to the events and their staff, volunteers & or childcare providers? It depends on the type of individual, and then frequency and duration of services as defined in enclosure #2. Broken down into 2 categories:

(1) Personnel, Military members, civilian employees, CYSS personnel and contractors

(2) Other Contractors.

FAQ

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If our yellow ribbon events is every couple of months per the DoD instruction, do we fall under this policy?

Yes & No-Events such as Strong Bonds and Yellow Ribbon activities may be reoccurring, but contracted services may be considered non-recurring based on the frequency and duration of contractors. (Enclosure 2 ARNG policy)

FAQ

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