HD38 - Screening of Child-Care Personnel
Executive Summary: AUTHORITY FOR THE STUDY House Joint Resolution No. 98, agreed to by the 1986 General Assembly, establishes a joint subcommittee to study the practice of investigating adults who seek to work with children in order to identify those adults with relevant criminal histories. (Appendix A) The joint subcommittee is directed to develop and report recommendations to the 1987 General Assembly regarding the types of facilities which should screen applicants, the crimes and other acts for which applicants should be screened, and uniform screening procedures. BACKGROUND In response to publicized reports of child sexual abuse by adults in positions of authority in schools and child-care facilities, twenty-five states, including Virginia, have enacted laws requiring criminal background checks on applicants for jobs in child-care facilities. This state legislative activity was also stimulated by the passage by Congress of P.L. 98-473 in late 1984. This legislation made available a portion of a $25 million appropriation under Title XX of the Social Security Act for child-care and child abuse prevention training to any state enacting legislation requiring criminal background checks on applicants for employment by certain child-care facilities. Virginia's process, described below, has resulted in the screening of 16,715 records between the legislation's July 1, 1985, effective date and May 29, 1986. Of that number, three clearances were refused because of two convictions for rape and one conviction for attempted rape, according to the Department of Social Services. House Joint ·Resolution No.98 was introduced in 1986 as a part of the legislative crime package proposed by the Governor and the Attorney General. The proposal sought to ensure effective and appropriate screening of child-care workers. |
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