Interpretation: The program should ensure that it complies with all applicable federal, state, and local laws in conducting these checks. If a program is not legally permitted to implement part of this standard (e.g., it can only conduct name-based checks, not fingerprint-based checks), it should be prepared to provide documentation (e.g., copy of a law or regulation) demonstrating that this is the case.
The program should also consult with legal counsel about any concerns regarding the appropriate use of background information. Background checks yield information, but the program must decide how to use the information it obtains. Accordingly, the program should define what offenses will disqualify an applicant, but should also take care to ensure that it does not illegally discriminate in its hiring practices.
This standard applies to anyone who has direct, unsupervised contact with children and youth, or has the potential to have unsupervised contact with children and youth. However, the program is not required to conduct background checks for licensed staff if it has verified that background checks are conducted as part of the licensing process. The program is also not required to impose the requirements of this standard on personnel already employed by the program. However, some programs may wish, or be required, to conduct periodic re-investigations of all personnel, including those already employed. For example, an entity providing oversight might require a program to conduct a re-investigation every five years.