UNIVERSITY PARK –New Pennsylvania law that goes into effect on Dec. 31, 2014, has changed the definition of child abuse, expanded the definition of who should report abuse and now includes institutions of higher education in its definition of “school” requiring Penn State to alter its child abuse reporting and training and expand its background checks.
Known as Act 153 of 2014, the new legislation is part of a two-year effort by the state to improve Pennsylvania’s child protection laws. Signed into effect in October, the new law is prompting immediate changes to the University’s policies — particularly HR 99 “Background Check Process.”
Penn State policy AD 72 “Reporting Suspected Child Abuse” was put in place in June 2012 to provide guidance to University employees about mandated reporting requirements under the Pennsylvania Child Protective Services Law (which was amended by Act 153). Under the new law, universities are now included in the definition of “school,” in which all school employees who have routine interaction with children are considered mandated reporters of child abuse, even outside of work, if there is an identifiable child. As such, those employees are required to obtain three background checks from various agencies every three years. It also includes volunteers and contractors who interact routinely with children on campus.
As of Dec. 31, the law states that new employees and those with expired clearances must obtain the three background checks. However, the law does not provide a timeline for existing employees who were previously not required to have clearances — a point of contention for Pennsylvania universities, including Penn State, who are petitioning the Department of Human Services for clarification.
Volunteers, however, have until July 1, 2015 to complete the three clearances and all people who work with children in a professional capacity will have to submit updated clearances every three years.
The required background checks include:
1. Pennsylvania State Police Criminal History Record Information;
2. Child Abuse History to determine if the person is named as a perpetrator of an indicated or founded child abuse report; and
3. Federal Criminal History Background Check (with submission of fingerprints).
FBI checks will not be required for volunteers if they have been a resident of the Commonwealth for the prior 10 years.
Penn State’s background check policy (HR 99) was updated in 2012 to require final job candidates and third-party employees who are offered employment to undergo a background check, including criminal history and child abuse record checks, before approval of their work at the University. Additional verifications may be conducted based on job responsibilities. The policy will be updated to reflect the recent mandate under Pennsylvania Act 153.
“These additional clearances are now law, and there are new expectations for faculty and staff who have regular contact with anyone under 18 years of age,” said Regis Becker, Penn State’s Chief Ethics and Compliance Officer. “We certainly agree with the spirit of the law and we are moving ahead, although we’re hoping for an extension of the Dec. 31 deadline.”
Some units, such as Intercollegiate Athletics, have already gone through the process, as have Penn State Hershey Medical Center employees.
All University employees, volunteers and independent contractors — regardless of their status as a mandated reporter — are required to report all suspected child abuse, under University Policy AD 72. The only exceptions for not reporting are those that are granted by law, including information learned through any confidential communications made to an attorney subject to the attorney-client privilege, or to a member of the clergy subject to the clergy-penitent privilege
“This new law greatly expands the requirement for who must report and also requires that all university employees, volunteers and independent contractors who are interacting with minors, including those in the classroom, complete the Building a Safe Penn State: Reporting Child Abuse training before they begin working,” Becker said. “Those already working must complete the training on an annual basis.”
The Office of Ethics and Compliance has been working to make the changes to AD 72 to reflect the new law and also alterations to the online training module for reporting child abuse.
New language in the law also impacts anyone with routine interaction with those under 18 years old.
Becker explained that, at the start of the fall semester, Penn State had 1,600 students who were under the age of 18. These students are registered in more than 6,200 courses across the University and the number of affected employees, which include faculty and staff in areas such as Residence Life, Advising, Housing and Food Services and Office of Physical Plant, is large.
“So you can see that this law is asking for a multitude of things to be in place at the beginning of the year,” Becker said. “We are seeking some clarification on ‘routine interaction’ and a few other key definitions and specific timelines for completing clearances from the Department of Human Services. Along with other universities, we are also asking for an extension in the quickly approaching deadline.”
More information on actions required of employees and volunteers will be announced as plans are finalized.