All current facility persons and volunteers must meet these requirements beginning July 1, 2020:

• Pennsylvania Child Abuse History Clearance
• Pennsylvania State Police (PSP) Criminal History Clearances
• FBI clearance required by OHS
• National Sex Offender Registry (NSOR) Verification Certificate
• Facility persons, volunteers, and household members who may have resided outside of Pennsylvania within the previous 5 years. These facility persons must obtain a State criminal history check, State sex offender registry check, and State child abuse and neglect registry check from the State(s) in which they resided.

Note that the FBI clearance required by the Pennsylvania Department of Education (PDE) is unacceptable in all cases. The only acceptable FBI clearance is the FBI clearance required by OHS. Each clearance/verification certificates listed above must be renewed every 60 months from the date of the existing clearance/verification. There is no requirement that all clearance/verification certification be requested or renewed simultaneously. For example, if the Child Abuse clearance was obtained January 2, 2017, then no renewal would be needed until January 2, 2022. Similarly, if the PSP Criminal History clearance was obtained February 2, 2017, then no renewal would be needed until February 2, 2022. And if the FBI Criminal History clearance required by OHS was obtained March 2, 2017, then no renewal would be needed until March 2, 2022. It is recommended, not required, that facility persons renew all clearances/verifications based on the date of the oldest clearance to ensure the timely renewal of all clearances/verifications going forward: Clearance/verification renewals should be dated prior to the expiration of the current clearance. For example, if the PSP Criminal History Clearance expires December 2, 2019, the renewal should be dated on or before December 2, 2019.

The requirement for background checks is found under the Child Protective Services Law (CPSL) at: http://www.pacode.com/secure/data/055/chapter3490/subchapatoc.html.

Specific information about the responsibilities for a child care provider as it relates to CPSL as referenced, is found at: http://www.pacode.com/secure/data/055/chapter3490/s3490.122.html

• The Pennsylvania Child Abuse History Clearance may be obtained online through the Child Welfare Portal: https://www.compass.state.pa.us/cwis/public/home
• The PSP Request for Criminal History Check may be obtained on the PSP website: https://epatch.state.us/
• The FBI Criminal History Clearance required by OHS is obtained by registering with IDEMIA and being fingerprinted at an ldentoGO site. A service code is required in order to schedule an appointment at an ldentoGO location. Service codes for applicants applying under OHS can be obtained at http://keepkidssafe.pa.gov/resources/clearances/index.htm. In addition; you may view a complete listing of service codes in Appendix Once you have located the appropriate service code, you may enter such code at the ldentoGO website at https://uenroll.identogo.com/ to begin processing your request. For any additional IDEMIA registration, processing, or billing questions, please contact IDEMIA/ldentoGo at 1-844-321-2101. Documentation stating that the fingerprints have been submitted must be in the staff/facility person’s file if the employee is hired on a provisional basis.
• The NSOR Verification Certificate can be obtained at keepkidssafe.pa.gov

Facility persons hired on or after December 31, 2014 have 90 days from the date of hire to verify completion of the training. The training is required to be renewed for every facility person every five years thereafter.

Note that operators must obtain this training prior to the issuance of an initial certificate of compliance. Regional certification staff have been assessing compliance with this training during annual inspections.

Refer to http://keepkidssafe.oa.qov/cs/qrouos/webcoritenVdocuments/document/c 227007.xlsx for a list of approved trainings. Evidence of completion of the requirement is required and can be fulfilled by a certificate of completion from the approved trainer. Please refer to the “Audience Approved to Train” column in order to determine if appropriate for child care facility persons.

Clearances/verification certificates are required for a volunteer if that individual provides care, supervision, guidance or control of children AND has routine interaction with children. Routine interaction is defined according to the CPSL, as regular and repeated contact that is integral to a person’s employment or volunteer responsibilities: Volunteers are not permitted to work alone with children and are required to work in the immediate vicinity of a permanent employee qualified, at minimum, as an Assistant Group Supervisor (AGS). 

A volunteer is required to obtain and maintain updated clearances/verifications every 60 months:

• Pennsylvania Child Abuse History clearance
• PSP Criminal History clearance
• FBI clearance required by DHS
• NSOR Verification Certificate
• Out of State clearances if they resided outside of Pennsylvania in the past five years

The volunteer must sign the “Disclosure Statement Application for Volunteers” (Appendix 4).

The fees for the Pennsylvania Child Abuse History and PSP clearances were waived for a volunteer. A volunteer may request the Pennsylvania Child Abuse History and PSP Criminal History clearances at no cost once every 57 months. There will be a charge incurred for the FBI clearance required by OHS. There is no fee for the NSOR Verification Certificate.

Volunteer Child Abuse and State Police clearances will not be accepted as evidence of fulfilling the clearance requirements for child care facility persons and/or operators pursuant to CPSL. Volunteer clearances/verifications will not be accepted for household members, operators, or any facility persons working in child care. As such, any volunteer who becomes employed in child care must obtain new clearances/verifications pursuant to CPSL at 23 Pa Code 6344.2. Such an individual may be considered provisionally hired, so long as they are supervised by a permanent employee, for a period of up to 90 days pending receipt of the new clearances/verifications. If the new clearances/verifications are not received within 90 days,7the individual should be dismissed from the child care position until new clearances/verifications are obtained. Note that the information in the underlined sentences above relating to the provisional hired period is no longer valid effective December 31, 2019.

According to the Child Protective Services law, Title 23, Chapter 63, §6340(a)(13), the legal entity of the child care facility will receive notice from ChildLine of a pending allegation of suspected child abuse and the final status of the report following the investigation as to whether the report is indicated, founded or unfounded.

The notice from the county children and youth agency will be submitted to the legal entity of the child care facility within 10 days of the completion of the investigation.

When the regional office learns of the notice of indicated or founded abuse, the certification representative may cite the provider for violation of either 55 Pa. Code Chapter §20.71(a)(5) or §20.71(b)(5), as appropriate.

Effective September 30, 2019 all new hires are required to have:

• A Pennsylvania Child Abuse History clearance
• PSP Criminal History clearance
• FBI clearance required by DHS
• NSOR Verification Certificate
• Out of State clearances if they resided outside of Pennsylvania in the past five years

Clearance/Verification certificate requirements:

The Pennsylvania Child Abuse History Clearance, the Pennsylvania State Police (PSP) Criminal History Clearance, the FBI clearance required by DHS, and the National Sex Offender Registry (NSOR) Verification Certificate is considered current and valid if obtained within the last 60 months (five years). Prior to commencing employment, the prospective employee must sign a disclosure statement that he or she has not been disqualified from employment or has not been convicted of an offense that would prohibit employment since the date of their current background and criminal history clearances.

Note: Convictions not listed on the disclosure statement could still possibly render a prospective employee unfit to work in child care pursuant to the Department’s own regulatory requirements at 55 Pa Code 20.71(b)(1) and (2), 55 Pa Code §3270.32(c), §3280.32(c), and §3290.3 (c). (See Appendix 3 for a copy of the disclosure statement.) As such, the Department’s review for fitness to work in child care is in addition to the requirements of CPSL. Clearances and rap sheets need to be submitted to the Regional office for further determination of suitability for employment.

As explained above, volunteer Child Abuse and State Police clearances will not be accepted as evidence of fulfilling the clearance requirements for child care facility persons and/or operators pursuant to CPSL. As such, any volunteer who becomes employed in child care must obtain new clearances/verification certificates pursuant to CPSL at 23 Pa Code 6344.2. Such an individual may be considered provisionally hired, so long as they are supervised by a permanent employee, for a period of up to 90 days pending receipt of the new clearances/verifications. If the new clearances/verification certificates are not received within 90 days, the individual should be dismissed from the child care position until new clearances/verification certificates are obtained. Note that the information in the underlined sentences above relating to the provisional hired period is no longer valid effective December 31, 20.19.

Time frames to obtain clearances:

The provisional hire period for child care facility persons, hired on or after December 31, 2014, is up to 90 calendar days. This means that when a facility person is hired and does not have background or criminal clearances, he or she has up to 90 calendar days to obtain them and cannot work alone with children.

If a provider does not comply with this requirement, the provider will receive a citation for violating 55 Pa Code §3270.32(a), §3280.32(a) or §3290.32(a). Note that the information in the underlined sentences c1bove relating to the provisional hired period is no longer valid effective December 31, 2019.

General procedures for new hires:

Prospective employees who have already completed an acceptable Pennsylvania Child Abuse History clearance, Pennsylvania State Police clearance, FBI clearance required by DHS, and NSOR Verification Certificate, may be hired as permanent employees if the completed clearances/verifications are less than 60 months old. The prospective employee must present their current clearances/verifications and sign the disclosure statement.                                                                                                                                  ·

If  the prospective employee does not have current, acceptable clearances/verification certificates, they are considered “Provisional Employees” under CPSL. Provisional employees cannot work alone with children until they receive the proper clearances/verification certificates: all questionable clearances/verification certificates should be directed to the regional office for further review. The information about provisional employees is defined in 55 Pa Code Chapter 3490 relating to CPSL at http://www.pacode.com/secure/data/055/chapter3490/s3490.127.html

Administrators of certified child care facilities are permitted to hire prospective employee and volunteers on a provisional basis for a single time period of up to 90 calendar days for Pennsylvania residents and out-of­-state residents. Note that the information in the underlined sentences above relating to the provisional hired period is no longer valid effective December 31, 2019.

Providers should question if a prospective employee has resided outside of Pennsylvania within the previous five-year period. If so, a State criminal history check, State sex offender registry check and State child abuse and neglect registry check from the State(s) in which they resided.

As a condition of the provisional hire period, the applicant must submit the following provisional hire documents to the employer PRIOR to beginning work in the child care facility:

• An employee disclosure statement signed by the applicant affirming that he/she is not disqualified from employment as specified in CPSL 23.1(d) or (e) (11 P.S. 2223.1(d), (e)).
• A copy of either the completed and mailed request or the online request for the Pennsylvania Child Abuse History clearance.
• A copy of either the completed and mailed request or the online request for PSP Criminal History
• A copy of online verification that the individual submitted fingerprints for the FBI Criminal History clearance required by DHS. The verification can be obtained by visiting https://uenroll.identogo.com/status-check and filling out the form using the information you provided with your original request.
• A copy of the NSOR application to verify
• A State criminal history check, State sex offender registry check and State child abuse and neglect registry check from the State(s) in which they previously resided within the past five years.

Note that the Information in the underlined sentences above relating to the provisional hired period is no longer valid effective December 31, 2019.

Process for a provisional employee: Information in the underlined sentences below is obsolete effective December 31, 2019. 

• The provisional employee is not permitted to work alone with children and is required to work in the immediate vicinity of a permanent employee qualified, at minimum, as an Assistant Group Supervisor (AGS) or a primary staff persons person (if a group childcare home) during the 90-day provisional hire period. “Immediate vicinity” means within eyesight of a permanent employee (an employee who has completed clearances/verifications on file) who is properly qualified as above
• Whether a provisional employee is a resident of Pennsylvania or an out-of-state resident, completed copies of the Pennsylvania Child Abuse History clearance, the PSP Criminal History clearance, the FBI clearance required by OHS, and the NSOR Verification Certificate, must be in the employee’s file NO LATER THAN 90 CALENDAR DAYS AFTER HIS/HER FIRST DAY OF WORK IN THE FACILITY and must remain on file for the duration of his/her employment.* If all required documentation is not acquired within 90 days, the only acceptable Plan of Correction is to remove the provisional employee from a child care position.
• An applicant who possesses the Pennsylvania Child Abuse History clearance, PSP Criminal History clearance, and the FBI Criminal History clearance required by DHS, the NSOR Verification Certification and out of State clearances if they resided out of Pennsylvania within the previous five years, that are LESS than 60 months on the first day of work in the facility is not required to submit requests for new clearances/verifications. However, a signed disclosure statement must be provided. If the clearances/verifications are OVER 60 MONTHS OLD, NEW CLEARANCESNERIFICATIONS MUST BE OBTAINED.
• The facility administrator must see a copy of each clearance. The facility administrator must retain copies of all clearances/verifications for the staff file; Please note that photocopies are acceptable so long as they are legible and complete. All required clearances/verification must be present and on file in order for the employee to be considered a permanent employee and no longer a provisional hire.
• If the employee’s PSP Criminal History clearance indicates the individual has convictions, you MUST ensure that the “rap sheet’ is attached and available for review by a OHS certification representative.
• If the employee’s FBI Criminal History clearance required by oi-ts indicates the individual has felony or misdemeanor convictions that do not prohibit employment under CPSL, you MUST ensure that the “rap sheet” is attached and submitted for review by a OHS certification representative.
• If an employee has an FBI clearance required by PDE. the individual should be advised that such PDE clearance cannot be and that they must instead apply for. obtain. and provide the FBI clearance required by OHS by visiting the ldentoGO website as described above.
• Note that in addition to the requirements of CPSL, all criminal history information must still be assessed for compliance with the Department’s own regulatory requirements at 55 Pa Code
• 3270.32(c). §3280.32(c). §3290.32(c), and §20.71(b)(1) and (2) concerning fitness to work in child care. Any questions should be directed to the regional office for review.
• Administrators who do not retain all provisional hire documents will be cited for violation of the provisions of CPSL and may face sanctions from the Department for willful violations of the hiring provisions established by CPSL. (11 P.S. 2223.1(g)(2)).
• ***IMPORTANT: Child care staff that hold the position of DIRECTOR must have completed. acceptable clearances/verifications.ON FILE on the first day of work in the facility. A child care director MAY NEVER START WORK AS A PROVISIONAL STAFF PERSON under CPSL.

• If the employee’s FBI Criminal History clearance required by OHS or PSP clearance indicates the individual has felony or misdemeanor convictions that do not prohibit employment under CPSL, you MUST ensure that the “rap sheet” is attached and submitted for review by OHS to determine suitability for work in a regulated child care facility.

Provisional/New Hires

• Make copies of clearances/verification for the employee
• Witness and place the copies in the employee
• Place the completed disclosure statement in the employee
• Keep copies of requests/applications, the disclosure statement and completed clearances/verifications permanently in the employee’s file.
• Submit the clearance applications from the employee to the appropriate
• For new staff, note the date of “start work” in the employee’s
• Ensure that the provisional employee is not left alone with children and is always supervised by a staff person who has completed acceptable clearances/verification certificate on file. (Supervision means that the person supervising must be able to see. hear, direct and assess the provisional employee who is being ) The provisional employee shall be supervised by a staff person who has a complete file with all applicable clearances/verifications and is an Assistant Group Supervisor or higher.
• Maintain a tracking system to monitor that the clearances/verifications are received and identify the date by which a provisional hire must provide updated clearances/verifications. Various factors could cause a delay in the turnaround time for the return of the clearances/verifications, so it is extremely important that the operator does not wait until the expiration of the 90-day provisional hire period to monitor the return of clearances/verifications.
• Review the completed clearance applications from the provisional employee to assure that they are acceptable and completed correctly. (Questions should be directed to the Regional Office). Submit cases where felony and misdemeanor charges were returned to the Regional office for further determination of suitability for employment.
• Remove the provisional employee from the child care position if all completed clearances/verifications are not on file by the 90thcalendar day after the person starts work. Removal is not negotiable; the reason for the delay is irrelevant.
• Note again that the director MAY NOT START WORK as a provisional employee. The Director must have completed acceptable clearances/verifications on file by the start date of work and a complete file as indicated at 55 Pa Code §3270.192.
• If a certification representative completes an inspection and reviews a file of a new employee with no copies of clearances/verifications or requests for clearances/verification (even though it is less than 90 calendar days since the employee started work}, the employee should be removed from working with children until the clearances/verifications are received. Note that the information in the underlined sentences above relating to the provisional hired period is no longer valid effective December 31, 2019.
  

All facility persons

• Maintain a tracking system to monitor that clearances/verification certificates are received and identify the date by which an employee must provide required documentation.
• Submit cases where felony and misdemeanor charges were returned to the Regional office for further determination of suitability for employment.
• If clearances/verification are not updated timely and expire after the 60-month term, the employee must be removed from working in a child care position until all clearances/verifications are renewed.

Effective September 30, 2019, applicants for a certificate of compliance must produce documentation of all clearances/verification certification described in this announcement when submitting an application to the regional office, including the NSOR Verification Certificate.

I understand that the Child Protective Services Law (CPSL) requires that I have a completed and acceptable criminal history clearance; a completed and acceptable child abuse clearance; a completed and acceptable FBI clearance required by DHS; a completed and acceptable NSOR Verification Certificate; and, if applicable, completed any acceptable out of State clearances if they resided outside of Pennsylvania within the previous five years, on file at the child care facility by the 90th calendar day after I commence employment in child care. Failure, for whatever reason, to have these completed clearances/verifications will result in my immediate removal from a child care position.

Signature of employee