Risk Management and Criminal Background Checks - one point of view.

[Joel Ware IV]

NOTE that criminal background checks are one tool of many in the
general area of volunteer screening procedures.  They are used by
a large and growing number of volunteer agencies.

Here is one nationally-recognized point-of-view article on the
use of criminal background checks.  His point is expressed below:
   "The very least an organization can do as part of risk management in
    its hiring process, is make certain that their volunteers and
    employees who provide services to children, the elderly or the disabled, 
    do not have relevant criminal records." 

TEXT:
Posted by Jody Gorran on December 08, 1998 at 20:33:55:

Jody A. Gorran, Programs Director 
National Foundation To Prevent Child Sexual Abuse

Risk Management and Negligent Hiring under New Federal Law Impacts
Insurers and Insureds

Since October 9, 1998, when the Volunteers for Children Act, was signed
into law by President Clinton as Public Law 105-251 and amended the
National Child Protection Act of 1993, if a volunteer or employee of an
organization sexually molests a child in his care and if it can be shown
that this volunteer or employee had been previously convicted somewhere in
the United States of a relevant crime, the organization may be held liable
under the legal theory of negligent hiring. 

Under the law, a “Qualified Entity” which is any business or organization,
whether public, private, for-profit, not-for-profit or voluntary, that
provides care, treatment, education, training, instruction, supervision or
recreation to children, the elderly, or individuals with disabilities, now
has the ability, under the National Child Protection Act of 1993 as
amended by the Volunteers for Children Act, to request fingerprint-based
national criminal history background checks through the FBI of their
volunteers and employees. 

Prior to October 9, 1998, these “Qualified Entities” did not have the
legal ability to request these fingerprint-based national criminal history
background checks through the FBI. We want every effected organization,
particularly those who deal with children, to immediately start requesting
them. If a current or potential volunteer or employee has a relevant
criminal history, he must be prevented from having access to children, the
elderly or the disabled through these organizations. Such a person must
not be placed in a position where he may easily victimize someone again. 

Courts are increasingly holding employers liable for the violent acts of
an employee on grounds of negligent hiring. In making such a finding, a
court must conclude that the employer violated its duty of care in the
hiring of the employee or volunteer. Actions against an employer for
negligent hiring will turn on the alleged breach of the duty of care owed
by the employer to the injured party. There is a duty of care whenever
there is a foreseeable risk of injury to others arising from the failure
to take the necessary steps to prevent such injury. Because these
“Qualified Entities” provide care to children, the elderly and the
disabled, their duty of care is quite high because these are the most
vulnerable groups in our society. 

The very least an organization can do as part of risk management in its
hiring process, is make certain that their volunteers and employees who
provide services to children, the elderly or the disabled, do not have
relevant criminal records. Since October 9, 1998, these “Qualified
Entities” have the lawful ability to request fingerprint-based national
criminal history background checks. 
...

Food for thought ---

 -Joel.





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