New Jersey Catholic Conference Statewide Policy on Criminal History Background Checks
for Employees and Volunteers of “Nonprofit Youth Serving Organizations”

Background

On January 18, 2000, Governor Whitman signed P.L. 1999, c. 432, which permits criminal history background checks to be performed on employees and volunteers of non-profit youth serving organizations.  Administrative rules pertaining to this legislation have been published.  The following policy will be in effect in all Catholic Dioceses in New Jersey as of September 1, 2001.

Definitions

For purposes of this statewide policy, the following definitions will be used:

“Nonprofit Youth Serving Organization”- means a corporation, association, or other organization established pursuant to New Jersey law for religious, charitable, or other nonprofit purposes, and exempt from federal income taxes, and which provides recreational, cultural, charitable, social, or other activities or services for persons younger than eighteen (18) years of age, but excluding schools which are authorized to perform criminal history record checks through the New Jersey Department of Education.

“Church Entity” means a parish or agency of the Catholic Church operating under the auspices or control of one of the Dioceses in New Jersey and exempt from federal income taxes, which provides recreational, cultural, charitable, social or other activities or services for persons younger than eighteen (18) years of age, but not including schools which are authorized to perform criminal history record checks through the New Jersey Department of Education.

Process for Review of All Prospective Employees and Volunteers

The religious mission of all Church Entities includes a special and careful concern for the well-being of the children whom they serve.  In hiring employees and encouraging the participation of volunteers, Church Entities understand the need for a thorough review of the background and record of those individuals who interact with children.  The process for hiring such employees or engaging such volunteers should include the following:

·        Review and analysis of the applicant’s/volunteer’s resume or employment history (with special attention to any gaps in the employment history).

·        Examination of professional credentials for prospective employees, including review of transcripts and verification of prior employment.

·        Review of personal and professional references for prospective employees and volunteers.

·        Completion of an application form for prospective employees and volunteers that includes a statement by the individual that he/she has never been convicted of a disqualifying offense; and

·        When required under this Policy, obtainment of a criminal history background check.

 The person who has responsibility for initiating and validating this background review is as follows.  For an employee/volunteer working at a diocesan level, it is the supervisor of the diocesan agency.  For an employee/volunteer working at a parish level, it is the pastor of the parish.

Required Criminal History Background Checks

Those individuals intended to be hired as employees or engaged as volunteers by Church Entities as of September 1, 2001 and who are covered by the following definitions are required to undergo a criminal history background check as of September 1, 2001:

“Employee” means an individual hired by a Church Entity who, by the nature of his/her job description or in the actual performance of duties, (1) maintains substantial and direct interaction with children on a consistent basis, or (2) has, or could have, individualized contact with children. 

“Volunteer” means an individual who provides uncompensated services to a Church Entity who, by the nature of his/her assigned duties (1) maintains substantial and direct interaction with children on a consistent basis, or (2) has, or could have, individualized contact with children. 

In applying these definitions, these additional considerations should be kept in mind.  For employees or volunteers, if interaction with children is limited to a group setting and is not longer than one or two hours per week, a criminal history background check is not required.  However, if there is potential for individualized contact, and particularly if the interaction with children will involve overnight activities, the background check will be required. 

Components of the Criminal History Background Check

The New Jersey law on criminal history background checks is based on a fingerprint record check that has two parts:  Fingerprinting should be performed by the local police agency (which may charge for the service) or the State Police in municipalities where there is no local police department. 

Currently, the actual cost of the criminal history background check is $49 for a prospective employee and $36 for a prospective volunteer, subdivided as follows:

The supervisor of the diocesan agency or the pastor of the parish must make certain that both components as set forth in the box above are obtained prior to hiring the employee or engaging the volunteer.                              

Provisional Hiring and Disqualification Procedures

Due to potential delays in the processing of criminal history record checks, an employee may begin work and a volunteer may begin to contribute services, each on a provisional basis while awaiting results.  In instances of disqualification, the State Police are prohibited from notifying the employer of the nature of the disqualifying crime.  Only the fact that the potential employee or volunteer has been disqualified will be revealed.  

When an applicant has received a notice of disqualification, the individual may appeal to the State Police.  The individual will then be supplied with the specifics of the disqualification notice.  According to the statute, the nonprofit youth serving organization may determine whether there is evidence of rehabilitation for the disqualified crime.  However, disqualifications for employees and volunteers in parishes and institutions operated by the New Jersey Catholic Conference is automatic when a conviction is in the following categories:  

·        Offenses against persons (e.g. assaults, robberies, thefts, etc.);

·        Offenses involving drugs or controlled substances;

·        Offenses involving sexual misconduct;

·        Offenses involving weapons, arson, or terroristic threats.

When the notice of disqualification is received, diocesan counsel should be informed.  Convictions that are not included in the aforementioned categories may be subject to review and not result in disqualification depending upon the factual circumstances.  No decision or exception to a disqualification should be made without consulting with diocesan counsel. 

Our Lady of Deliverance Diocese

Implementation Plan

for the

New jersey Catholic Conference Statewide Policy

on Criminal History Background Checks for Employees

and Volunteers of “Nonprofit Youth Serving Organizations”**

Introduction

This Plan provides specific guidance for implementing the requirements of the New Jersey Catholic Conference Statewide Policy on Criminal History Background Checks for Employees and Volunteers of “Nonprofit Youth Serving Organizations” (referred to as the “Statewide Policy”). This document must be read in conjunction with the Statewide Policy.  This Plan does not replace the Statewide Policy, nor does it contain the information provided in the Statewide Policy.  This is a supplemental document which merely sets forth how the Statewide Policy is to be implemented.

The Statewide Policy has been adopted by the Bishops of all of the dioceses in the State.  Great effort was devoted to developing a consistent policy, to be applied uniformly in all of the dioceses.  Therefore, it is important that all of us within Our Lady of Deliverance Diocese adhere to the Statewide Policy as written.

Individuals covered

The Statewide Policy requires a review, including a criminal history background check, for any new employee or volunteer who:

1.         maintains substantial and direct interaction with children on a consistent basis, or

2.         has, or could have, individualized contact with children.

New employees and volunteers are those who start after October 1, 2001, the effective date of the Statewide Policy.

Examples:

The following individuals are presumed to fall within one of these categories and
are required to undergo a background check:

1.         Parish Catechists (including but not limited to, Directors of Religious Education and Coordinators of Religious Education)

2.         Directors of Youth Ministry

3.         Anyone accompanying or chaperoning children or youth on overnight activities

The following individuals generally do not require background checks if they are engaged only in activities typical of their position:

1.         Religious education teachers providing 1-3 hours of instruction per week in a group setting

2.         Chaperones of CYO, parish or other group activities (not overnight situations)

** If particular individuals in these positions have more substantial, direct and consistent interaction with children or could have individualized contact with children, such that they fall into one of the two categories defined in the Statewide Policy, a background check is required.

The following individuals must be evaluated on a case-by-case basis, according to the standard set forth in the Statewide Policy, based upon the particular nature of their activities:

1.         Scouting and other volunteers

2.         Babysitters at Sunday masses or other church activities (Note:  if there is a potential for individualized contact with children, e.g., helping a child in the restroom, the babysitter must have a background check.)

3.         All others involved in youth activities

Subsequent Reviews

If an individual begins to work or volunteer in a position that requires a background check, that individual will be required to undergo a background check even if he or she was reviewed and had a background check at another parish. The situation may occur, for example, when a volunteer moves from one parish to another and wants to volunteer at the new parish.

Priests and deacons already assigned within the eparchy are grandfathered.  Seminarians and candidates for the permanent diaconate will undergo a background check prior to beginning the first pastoral assignment in which the individual will maintain substantial and direct interaction with children on a consistent basis or will or could have individualized contact with children.  Subsequent background checks will not be required.

Process

The review process is described on pages 1 and 2 of the Statewide Policy and should be followed as written. The final step of the review is to obtain a criminal history background check. 

The general procedure for the criminal history background check begins with fingerprints.  The prospective employee or volunteer will be given two cards (state and federal) to take to the local police station.  The police will fingerprint the individual.  (Note:  Some police stations may require an appointment or may do fingerprinting at designated times.  Some may charge a small fee.  The individual should call first to determine the local procedure.)

The individual will then return the cards.  The cards will be submitted to the State Police who will check the individual’s background for certain offenses designated by statute to be checked.  The State will report back stating either that none of these offenses were found or that something was found.  Details of the individual’s record will not be provided.

If the individual still wishes to be employed or to volunteer, that individual may request a full report from the State Police and share it with the eparchy.  The pages of the report should be numbered and will be signed at the end.  Be sure you have received the entire report.  Page 3 of the Statewide Policy identifies four categories of offenses which conclusively disqualify a candidate.  If any of these types of offenses appears on the record, the process ends and the person may not be employed or volunteer in a position which places them in one of the two covered categories. Other offenses may not result in disqualification, depending upon an evaluation of the particular circumstances. 
The eparchial lawyers should be consulted before an exception is made.

For Designated Parish Catechists:  The distribution of fingerprint cards and the criminal history background check will be conducted by the Chancery, as part of the established eparchial interview process required for all new DREs, CREs and other catechetical leaders.

For Directors of Youth Ministry: The distribution of fingerprint cards and the criminal history background check will be conducted by the Chancery as well, which must be advised before any new individual is employed or begins volunteering in this position.

For Coaches, Camp Counselors and Others:  The distribution of fingerprint cards and the criminal history background check will be conducted by the Chancery Office.

For Overnight Chaperones and Other Volunteers:  The fingerprint cards will be distributed by the parish or the group sponsoring the activity. 

If it is a Youth Ministry Activity, the Chancery will conduct the criminal history background check. 

If it is some other type of parish activity, the Chancery Office will conduct the criminal history background check.

Cost

The cost of the criminal history background check is $49 for employees and $36 for volunteers.  The general policy is that employees will pay for their own background checks and the sponsoring entity will pay for background checks of volunteers.  (However, if these fees are overly burdensome to the employee or volunteer the eparchy will assume the cost).