300-44
CRIMINAL BACKGROUND CHECK AND/OR CONSUMER REPORT FOR PROSPECTIVE EMPLOYEES AND VOLUNTEERS WITH UNSUPERVISED ACCESS TO CHILDREN UNDER THE AGE OF 16 OR DEVELOPMENTALLY-DISABLED PERSONS AND VULNERABLE ADULTS

POLICY & PROCEDURE

Subject:

CRIMINAL BACKGROUND CHECK AND/OR CONSUMER REPORT FOR PROSPECTIVE EMPLOYEES AND VOLUNTEERS WITH UNSUPERVISED ACCESS TO CHILDREN UNDER THE AGE OF 16 OR DEVELOPMENTALLY-DISABLED PERSONS AND VULNERABLE ADULTS

Index: Human Resources & Risk Management

Number: 300-44

Effective Date

12/29/2008

Supersedes

3/1/89

Page

1 of 4

Staff Contact

Nancy A. Carlson

Approved By

Denis Law

1.0 PURPOSE

To establish guidelines for requesting criminal history information for all prospective employees and volunteers who will or may have unsupervised access to children under 16 years of age, developmentally-disabled persons, and vulnerable adults, during the period of their involvement with the City of Renton, and for the use and dissemination of such information.

2.0 ORGANIZATIONS AFFECTED:

All departments/divisions.

3.0 REFERENCES:

RCW 43.43.830 through 43.43.840

RCW 10.97.010 et seq.

4.0 POLICY:

4.1    Prior to the appointment of employees and/or volunteers who, during the course of their employment/involvement with the City, will or may have access to children under 16 years of age, developmentally-disabled persons, or vulnerable adults, the Human Resources and Risk Management Department will ensure that the appropriate procedures are followed to obtain information on whether the applicant has been:

a)    Convicted of any crime against persons;

b)    Found by a court in a domestic relations proceeding to have sexually abused or exploited any minor, or to have physically abused any minor;

c)    Convicted of a crime relating to drugs, or to manufacture, deliver, or possess with intent to manufacture or deliver a controlled substance; or

d)    Convicted of a crime relating to financial exploitation, or for first, second, or third degree extortion; first, second, or third degree theft; first or second degree robbery; forgery; or any of these crimes as they may be renamed in the future.

Such convictions or findings shall disqualify applicants for positions that may provide access to children under 16 years of age, or developmentally-disabled persons, or vulnerable adults, during the course of their employment or service. Provisional appointments (which must be supervised) made before a report is received will be subject to the information provided by the report. That information will be confidential and will be used or disseminated only as provided for in the RCW.

Such convictions or findings may also disqualify applicants for positions that do not have access to children under 16 years of age, developmentally-disabled persons, or vulnerable adults, during the course of their employment or service. The Human Resources and Risk Management Administrator will review all findings in these cases and make such determinations.

4.2    Access to children under 16 years of age, developmentally-disabled persons, or vulnerable adults during a period of provisional employment must be supervised.

5.0 DEFINITIONS:

5.1    Crimes Against Persons

The law defines crimes against persons as: "a conviction of any of the following offenses: Aggravated murder; first or second degree murder; first or second degree kidnapping; first, second or third degree assault; first, second or third degree rape; first, second or third degree statutory rape; first or second degree robbery; first degree arson; first degree burglary; first or second degree manslaughter; first or second degree extortion; indecent liberties; incest; vehicular homicide; first degree promoting prostitution; communication with a minor; unlawful imprisonment; simple assault; sexual exploitation of a minor; first or second degree mistreatment; or any of these crimes as they may be renamed in the future."

5.2    Unsupervised

Without the presence of a) another employee or volunteer from the same City department as the applicant; or b) any relative or guardian of the child under 16 years of age, developmentally-disabled person or vulnerable adult to whom the applicant has access during the course of his or her employment or involvement with the City of Renton.

5.3    Applicant

a)    Any prospective employee who will or may have unsupervised access to children under sixteen years of age, developmentally-disabled persons, or vulnerable adults during the course of his or her employment with the City of Renton.

b)    Any prospective volunteer who will or may have regularly-scheduled unsupervised access to children under 16 years of age, developmentally-disabled persons or vulnerable adults during the course of his or her involvement with the City of Renton, where such access will or may involve an individual or groups of (i) five or fewer children under 12 years of age; (ii) three or fewer children between 12 and 16 years of age; (iii) developmentally-disabled persons; or (iv) vulnerable adults.

5.4    Consumer Report

A consumer report and/or investigative consumer report, in accordance with the Fair Credit Reporting Act (FCRA) and all state and federal laws, may be obtained in connection with an application for employment with the employer. The consumer report may include information concerning the applicant’s character, employment history, general reputation, personal characteristics, police record, education, qualifications, and motor vehicle record, mode of living and/or credit and indebtedness. A consumer report and/or an investigative consumer report may be obtained at any time during the application process by the employer.

5.5    Consumer Reporting Agency (CRAs)

Entities that collect and disseminate information about consumers to be used for credit evaluation and certain other purposes. CRAs have a number of responsibilities under FCRA (Fair Credit Reporting Act).

6.0 PROCEDURES:

6.1    Applicants for paid employment or volunteer service will be notified by the Human Resources and Risk Management Department that an inquiry will be made by a third party Consumer Reporting Agency working for the City, for information on those actions identified in Section 4.0 (a) through (d) of this policy. An inquiry may not be made until the applicant has been so notified.

6.2    Following notification, applicants for paid employment or volunteer service will be given a background questionnaire and disclosure form that specifies all crimes against persons as defined in subsections 4.1(c ) and (d) and subsection 5.1, above. The background questionnaire form requires applicants to disclose whether they have been convicted of any crime against persons and/or found in any dependency action or domestic relations proceeding to have sexually abused or exploited any minor or to have physically abused any minor. The disclosure form and questionnaire must be made in writing and signed by the applicant and sworn under penalty of perjury.

6.3    Information from the completed disclosure forms will be forwarded to the third party Consumer Reporting Agency by the Human Resources and Risk Management Department.

6.4    Applicants will be notified of the third party Consumer Reporting Agency’s findings within ten (10) days after the Human Resources and Risk Management Department receives the consumer report/records check and will be told that a copy of the response is available to them.

6.5    The Human Resources and Risk Management Department shall pay any fee required by the third party Consumer Reporting Agency for the consumer report/records check.

6.6    The report may be used only for making an employment or engagement decision: further dissemination or use of the information is prohibited.