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RememberSchiff

Pennsylvania's New Comprehensive Background Checks

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So the message that PA is sending is "we don't want people to volunteer in our state".

 

It's for the children.

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2 questions 1. must all leaders including those that have been a leader comply with this new regulation and 2 what is the section 6344 referencing?  I just want to get ahead of it if its needed as I know that these can take awhile to get done based on how many applicants are in the cue. 

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Volunteers are not required to complete the federal criminal history check (#3) if they have lived continuously in Pennsylvania over the previous 10 years and are working an unpaid position. However, they must swear or affirm in writing that they are not barred from volunteering due to a conviction or offense under § 6344 © 

 

Can someone please clarify what the above section that I have bolded pertains to? I am guessing that it pertains to that of what Youth Protection is all about.  I am asking as I have co-workwers that are also needing this for thier volunteer activities with other agencies, as well as myself being a leader in my sons den.  If a leader is removed from a leader position, can they still participate with their child and the Pack/Troop/Den or is the Leader/Parent and Child removed from Scouting? Furthermore on the new adult applications there's something about approval is based on a CODE 115 (this is on a sticker)

 

 

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Section 6444 is the following disclosure document which you sign.

 

http://fcbc.net/archangel/woa/mgServeFile.php?fn=0_53_public/DISCLOSURE%20STATEMENT%20for%20VOLUNTEERS.pdf

 

If French Creek Council is correct, you may have more time

 

"Based on the reading of this law as it stands now, currently registered volunteers with the BSA program will need to complete these checks by July 1, 2016. Adults attending camp in a leadership capacity after July 1, 2015 have two options:

 

Option 1: All adult leaders attending camp must be registered with BSA (prior to July 1, 2015) before attending which will allow you until July 1, 2016 to complete the clearances.  

 

Option 2: All adults holding leadership positions at camp (supervising kids) must have the ACT 153 clearances which include State Police background, and Department of Child Services background check. A fingerprinting clearance (if you have NOT lived in the State of PA for more than 10 years) is also required. You can register for the fingerprinting here.  A signed affidavit must be completed if you have lived more than 10 years in PA and that form can be found on frenchcreek-bsa.org/forms/Volunteer Disclosure Form PA Act 153 of 2014 "
 

http://fcbc.net/archangel/woa/mgServeFile.php?fn=0_53_public/DISCLOSURE%20STATEMENT%20for%20VOLUNTEERS.pdf

 

Hope this helps.

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Just want to clarify how this is going to work/affect volunteers:

 

1. will any adult that is involved with their OWN child need to be have clearances?

 

2. IF any adult or leader (current or new) has done anything wrong in their lifetime will they be banned from Scouting including just as a Scouting Parent even if they are cleared by the State to work with children? 

 

3. will an child be asked to not return to Scouting if their parent cannot be cleared or if they can be cleared but their unit isn't comfortable with the adult being there due to a record ?

 

4. Does the Unit or Council have say in whether or not an adult may be involved in Scouting under new regulations?

 

5. Does the Unit or Council get the copy of the Background Check/Clearances?

 

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Just want to clarify how this is going to work/affect volunteers:

 

1. will any adult that is involved with their OWN child need to be have clearances?

 

2. IF any adult or leader (current or new) has done anything wrong in their lifetime will they be banned from Scouting including just as a Scouting Parent even if they are cleared by the State to work with children? 

 

3. will an child be asked to not return to Scouting if their parent cannot be cleared or if they can be cleared but their unit isn't comfortable with the adult being there due to a record ?

 

4. Does the Unit or Council have say in whether or not an adult may be involved in Scouting under new regulations?

 

5. Does the Unit or Council get the copy of the Background Check/Clearances?

 

You will get more accurate answers by speaking to the adult leaders of the unit. But I will takes some guesses:

1. No but when you are involved with your son in Scouting in PA, i think yes.

 

2. Maybe. You could be cleared by FBI and PA and the BSA unit, Council, or BSA National could still reject you.

 

3. No.

 

4. If the FBI or PA reject an applicant, the BSA cannot overrule.

 

5. Yes, probably from you. Council is required to keep clearance records of  all over 18 volunteers.

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Section 6444 is the following disclosure document which you sign.

 

http://fcbc.net/archangel/woa/mgServeFile.php?fn=0_53_public/DISCLOSURE%20STATEMENT%20for%20VOLUNTEERS.pdf

 

If French Creek Council is correct, you may have more time

 

"Based on the reading of this law as it stands now, currently registered volunteers with the BSA program will need to complete these checks by July 1, 2016. Adults attending camp in a leadership capacity after July 1, 2015 have two options:

 

Option 1: All adult leaders attending camp must be registered with BSA (prior to July 1, 2015) before attending which will allow you until July 1, 2016 to complete the clearances.  

 

Option 2: All adults holding leadership positions at camp (supervising kids) must have the ACT 153 clearances which include State Police background, and Department of Child Services background check. A fingerprinting clearance (if you have NOT lived in the State of PA for more than 10 years) is also required. You can register for the fingerprinting here.  A signed affidavit must be completed if you have lived more than 10 years in PA and that form can be found on frenchcreek-bsa.org/forms/Volunteer Disclosure Form PA Act 153 of 2014 "

 

http://fcbc.net/archangel/woa/mgServeFile.php?fn=0_53_public/DISCLOSURE%20STATEMENT%20for%20VOLUNTEERS.pdf

 

Hope this helps.

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Section 6444 is the following disclosure document which you sign.

 http://fcbc.net/archangel/woa/mgServeFile.php?fn=0_53_public/DISCLOSURE%20STATEMENT%20for%20VOLUNTEERS.pdf

 

If French Creek Council is correct, you may have more time

 "Based on the reading of this law as it stands now, currently registered volunteers with the BSA program will need to complete these checks by July 1, 2016. Adults attending camp in a leadership capacity after July 1, 2015 have two options:

 Option 1: All adult leaders attending camp must be registered with BSA (prior to July 1, 2015) before attending which will allow you until July 1, 2016 to complete the clearances.  

 Option 2: All adults holding leadership positions at camp (supervising kids) must have the ACT 153 clearances which include State Police background, and Department of Child Services background check. A fingerprinting clearance (if you have NOT lived in the State of PA for more than 10 years) is also required. You can register for the fingerprinting here.  A signed affidavit must be completed if you have lived more than 10 years in PA and that form can be found on frenchcreek-bsa.org/forms/Volunteer Disclosure Form PA Act 153 of 2014 "

 http://fcbc.net/archangel/woa/mgServeFile.php?fn=0_53_public/DISCLOSURE%20STATEMENT%20for%20VOLUNTEERS.pdf

 

Hope this helps.

So if I am a registered leader (which I am since earlier this year), must I obtain clearness now or do I have until 2016? I am going to camp in July as a leader and a parent, of my son.

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Update Jun 10, 2015

Governor Wolf waives fees for volunteers' background check.

http://www.pennlive.com/politics/index.ssf/2015/06/gov_tom_wolf_waives_fee_for_vo.html

 

Wolf announced today that $20 in fees for a child abuse clearance and state police criminal background check required by the Child Protective Services Law will be waived for volunteers who work with children.

 

He also announced that the state Department of Human Services and the Pennsylvania State Police will be reducing the cost of both the child abuse and criminal history record checks from $10 to $8 for all other applicants.

 

These changes, which grew out of conversations with legislators,  :rolleyes:  will take effect on July 25.

 

So volunteers are still required to get these PA background checks and will only pay for FBI check. Council employees will still have to pay but the cost has been reduced.

 

It is unclear about out-of-state volunteers, but we canceled a Gettysburg trip this summer as no one in Harrisburg could answer our questions.

 

http://newbirthoffreedom.org/2015/06/10/gov-wolf-announces-fee-waivers-for-volunteers-seeking-background-checks/

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Unfortunately, I have not been able to get a "in writing" answer to this question. :(

 

Thanks. If so, that will be a fun little administrative thing for PA summer camps to manage.

 

My cousin in Texas notes that his council requires scouters to have face-to-face YPT to do in council camps. Not sure if that applies to out of council or out of state scouters.

Edited by Bad Wolf

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How about this, from the same council web site:

 

Out-of-State Volunteers Coming to NBOF Camps This Summer

 

Out-of-state Scouting volunteers are not required under PA law to have the same background clearances as PA-resident volunteers do. Out-of-state Scouting volunteers can supervise their Scouts for any timeframe between one and 30 days.

 

Out-of-state Volunteer 30 Day Provisional Period:

 

The “single period, not to exceed 30 days†has been interpreted to mean one single volunteer period (activity or volunteer episode) not to exceed 30 days, without obtaining clearances. Out-of-state volunteers may return to the Commonwealth multiple times throughout the year, as long as a single visit does not exceed 30 days – PA Department of Human services.

Example: A New York Scouting volunteer may supervise children in a Pennsylvania camp for Activity A for any timeframe between one and thirty days. If that same volunteer leaves Pennsylvania and subsequently returns to Pennsylvania at a later date for Activity B, the volunteer period restarts and the volunteer may participate in that activity without clearances for an additional period, not to exceed 30 days. The volunteer must be an out-of-state resident that can provide proof of compliance with the laws of his or her state regarding background clearances and child protection laws.

http://newbirthoffreedom.org/2015/06/15/out-of-state-volunteers-coming-to-nbof-camps-this-summer/

 

I have to say, RS, your statement about out-of-state trips into Pa. caught my eye, because my troop is about to do their usual week of summer camp at a council camp in Pa., and they do 2 or 3 weekend trips a year in Pa. But I think the statement above covers it. (Assuming it is an accurate rendition of the law, but I tend to think that a BSA council would be very careful about making sure that if it is giving legal advice on its web site (which it is), the advice is correct.) The one issue for me would be that the out-of-state volunteer must be able to "provide proof of compliance with the laws of his or her state regarding background clearances and child protection laws." For someone from a state that has no specific legal requirements (like New Jersey), what are you supposed to show? I would think your driver's license would be enough, since it shows where you live. I'm not sure how you are supposed to prove that your state does not require background checks. I suppose the leaders from my troop could bring with them the entire set of New Jersey statutes and administrative regulations, and if anyone asks them for proof of compliance, they can just point to the 100+ volumes of books and say, "See, it doesn't say a word about it!" I'm kidding, but it does make one wonder.

Edited by NJCubScouter

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Seems correct. On a PA gov site

http://keepkidssafe.pa.gov/cs/groups/webcontent/documents/document/C_135249.pdf

 

What is the provisional clearance requirement for volunteers?

Individuals who reside in another state or country may serve as a volunteer for no more than 30 days as long as they provide clearances from their state or country of residence. If the individual will be volunteering for more than 30 days, they must obtain clearances as outlined above under “Which clearances are needed.â€
 
This is confusing as most of us do not carry a card that explicitly states one has passed a state and FBI background check. In Mass, every time you need a background check for school, little league, scouts,.., it is a do-over, pass/fail test.
 
If a out-of-state driver's license would suffice, why not a PA driver's license too? I would think my firearms license would suffice but imagine the headline spin on that. Maybe if a volunteer worked for a school district, police, fire, their employer id would suffice.
 
Pretty vague.
Edited by RememberSchiff

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