Document Archive

Policy Regarding Criminal Background Checks and
Child Abuse History Clearance
5 May 2003

Introduction

The Policy for the Implementation of Police and Child Abuse Background Checks (the "Background Checks Policy" or the "Policy") is intended to make clear that all priests, deacons, religious, pastoral ministers, administrators, staff and volunteers in the Archdiocese of Philadelphia who have or will have regular contact with minors in the course of their work for the Archdiocese are required to undergo police and child abuse background checks. The Policy is also intended to provide clear direction on screening church personnel whose background checks contain reports of enumerated offenses. The Policy is not intended to create any rights in any person, to obligate the Archdiocese to act at any time or in any manner, or to establish any responsibility or liability of the Archdiocese.

Definitions

For purposes of the Background Checks Policy, the following are definitions for terms used herein.

Reported Enumerated Offenses means (i) a report of conviction for an offense relating to criminal homicide, aggravated assault, kidnapping, harassment and stalking, unlawful restraint, rape, statutory sexual assault, involuntary deviate sexual intercourse, sexual assault, aggravated indecent assault, indecent assault, indecent exposure, incest, concealing death of child, endangering welfare of children, dealing in infant children, prostitution and related offenses, obscene and other sexual materials and performances, corruption of minors, sexual abuse of children, felony offenses under the controlled substance, drug, device and cosmetic act, or an out of state or federal offense similar in nature to these Pennsylvania crimes; or (ii) a founded or indicated report of child abuse on the Pennsylvania Department of Public Welfare's Child Abuse History Clearance Statement.

Archdiocese means the Roman Catholic Archdiocese of Philadelphia, including parishes, schools, agencies and institutions that are directly accountable to the Ordinary of Philadelphia.

Church Personnel means any priest, religious, deacon, pastoral minister, administrator, employee or volunteer working on behalf of the Archdiocese or applying to work for the Archdiocese, as defined above, who has or will have regular contact with children, as defined below, in the course of his or her duties for the Archdiocese.

Child or Children means all persons under the age of eighteen.

Regular Contact with Children means contact with children in the course of their work at least one time per week on a routine and repeated basis.

Requirement for Background Checks

All Church Personnel who have regular contact with children in the course of their work (defined as contact with children at least one time per week on a routine and repeated basis) are required to undergo a (i) Pennsylvania State Police Request for Criminal Record Check and (ii) a Pennsylvania Department of Public Welfare Child Abuse History Clearance.

All Church Personnel residing outside Pennsylvania or who have moved from outside Pennsylvania at least two (2) years immediately preceding the date of application for employment for the Archdiocese are also required to undergo an FBI fingerprint check.

For Church Personnel who have previously undergone the foregoing background checks, new background checks as required above must be obtained every 5 years from the date of the last background checks.

For Church Personnel who have had a break in service for a year or more, new background checks as required above must be obtained. .

Screening of Church Personnel

Church Personnel whose Pennsylvania State Police Request for Criminal Record Check, Pennsylvania Department of Public Welfare Child Abuse History Clearance, and/or FBI fingerprint check states that the person is a perpetrator of an Enumerated Offense shall be immediately removed and subject to termination.

Prospective Church Personnel whose background checks states that the person is a perpetrator of an Enumerated Offense shall not be hired or retained.

Prospective Church Personnel hired on a provisional basis while the background checks are being processed shall be screened as follows:

Prospective Church Personnel may work on a provisional basis for no more than 30 days in the case of Pennsylvania residents or 90 days in the case of non-Pennsylvania residents from the time employment is commenced while the Pennsylvania State Police, the Department of Public Welfare, and/or the FBI are processing the background checks. The Archdiocese can utilize the Pennsylvania Access to Criminal History (PATCH) System to obtain Pennsylvania State Police criminal history background checks expeditiously. If the required reports are not obtained within this time, the provisional Church Personnel must be removed immediately. Church Personnel are to cooperate fully in the process of obtaining the necessary reports.

Before the provisional Church Personnel can begin working while the background checks are being processed, he or she must first attest in writing that he/she is not a perpetrator of an Enumerated Offense. The provisional Church Personnel cannot work alone with children, and must always work in the immediate vicinity of a qualified Church Personnel pending receipt of the background check clearances.

If the reports state the provisional Church Personnel is the perpetrator of an Enumerated Offense, he or she must be removed immediately and terminated.