Background Check Requirements for Employees who Work with Minors: FAQs for New Hires

Changes to PA Act 153, Provisional Employment

Pennsylvania Act 153 (Act 153) requires employees, volunteers, and other individuals who have routine contact with minors to obtain three different background certifications:

Pennsylvania Criminal History Check through the Pennsylvania State Police (PATCH). Results are sent to HR;
Pennsylvania Child Abuse History Check through the Pennsylvania Department of Human Services. Results are sent to HR; and,
FBI Criminal History Check, which requires the individual to submit their fingerprints to the FBI (from IdenToGO print sites.) These results are NOT sent to HR. You are responsible for providing a copy of the completed background check to HR.

Effective December 31, 2019 an amendment was made to the provisional hiring of employees whose job requires interaction with minors, the 90 day provision has been eliminated. As a result, new and/or current employees who have direct, routine contact with minors are required to have all three background checks on file with HR prior to their interactions with minors. Employees who currently have their clearances as part of their job requirement are still expected to maintain accurate records and renew their clearances prior to the 5-year expiration date.

Which employees need the additional three background check certifications as required by law?

In addition to the standard background check clearance that all new Gettysburg College employees must complete, College faculty, administrators and support staff who have direct contact with a Minor which involves the care, supervision, guidance or control of a Minor OR has routine interaction with a Minor must complete the additional background check certifications that are listed below.

Routine interaction (which is part of the definition of “direct contact”) is defined as “regular and repeated contact that is integral to a person’s employment responsibilities”.

Examples of employee-types which meet this requirement include, but are not limited to:

Faculty who teach dual-enrolled (i.e. high school) students
Faculty who teach high school students who are auditing their classes
Employees who are serving as the lead camp director for any College-run or College-affiliated summer camp or conference (even if one day)
All employees who work during a summer camp involving Minors that lasts two more days (All camp employees, Athletic Trainers, Lifeguards, etc). The College has determined that two or more consecutive days qualifies as routine interaction.

Note: Conference workers who work for Facilities Services who do not routinely interact with Minors are not required to complete all of the background check certifications listed above.

The following background check clearances are not required for Gettysburg College faculty and employees whose direct contact with children is limited to either prospective students visiting our campus or matriculated Gettysburg College students, who are not dual-enrolled.

What Background Checks are required for employees who work with Minors?

The Commonwealth of Pennsylvania, under Act 153, requires employees who work with Minors to complete the following:

"Pennsylvania Criminal History Records Check" is a check of criminal history information obtained from the Pennsylvania State Police that is maintained in the Pennsylvania State Police Central Repository.
“Pennsylvania State Child Abuse Clearance Check” is a check that includes a certification from the Department of Human Services as to whether the applicant is named in the statewide database as an alleged perpetrator in a pending, indicated or founded child abuse investigation in Pennsylvania.
And a “Federal Criminal History Records/FBI Check” is a check of federal criminal history information obtained by the submission of a full set of fingerprints to the Pennsylvania State Police or its authorized agent.

Who is CBY Systems, Inc.?

Gettysburg College contracts with CBY Systems, Inc. out of York, PA to assist with the completion of the background check process. CBY Systems, Inc. uses a feature called QuickApps that allows the College to order the background checks via an on-line system. The QuickApps feature will email the applicant to provide the necessary information to complete the clearances.

I was offered a position at Gettysburg College and I have accepted. What happens next?

After an offer of employment has been made and accepted, Gettysburg College will contact you via email (or by phone) to inform you that you must begin the background check screening process as soon as possible. Applicants will receive an email from CBY Systems, Inc. via their online QuickApps systems and will be instructed how to move forward.

The Pennsylvania Criminal History Records Check will be processed immediately and the results will be shared with Gettysburg College usually within 3-5 business days. After you complete the first step in the process, you will receive a follow-up email from CBY Systems within a week to explain how to go about obtaining your PA Child Abuse Clearance (via an on-line form from the state) as well as visiting an IdentoGO fingerprinting site to have your fingerprints digitally scanned.

What is IdentoGO?

IdentoGO has been selected by the FBI as an authorized Channeling Agency to provide criminal history searches (i.e. fingerprint-based background checks) for non-criminal applicants.

IdentoGO works in conjunction with state agencies, police agencies, and businesses to provide statewide access to applicant fingerprint processing services for fingerprint-based background checks. Locations are available in: PA, MD, VA, NJ, OH, WV. IdentoGO Locations

The FBI Channeling Program includes:

Collection of applicant demographic data as well as the collection of associated fee
Collection of applicant fingerprint impressions
Electronically and securely transmitting the collected fingerprint records to the Cogent FBI server
Secure transmission of the collected fingerprint data from the IdentoGO to the FBI CJIS division
Receiving of FBI responses for transmitted records
Electronic dissemination of FBI results to approved and authorized recipient

What is the process to obtain my PA Child Abuse Clearance?

CBY Systems will email you a Prepayment Code after you complete your on-line questionnaire.
Go to the new Child Welfare Portal: https://www.compass.state.pa.us/cwis/public/home
Click on “Create a New Account” and then select the blue “Next” button at the bottom of the page.
The first field asks for your Keystone ID. This is a username that you can make up that is unique to you. It must be between 6-10 characters. Complete all of the required information. Hit “Finish” at the bottom.
The system will email you an automatic temporary password.
After you receive your temporary password via email, you will need to go back into the system (https://www.compass.state.pa.us/cwis/public/home) to “LOGIN” using the newly assigned password.
The system will then offer you an opportunity to create a new password.
Complete all of the required information. * A point of confusion has been when the employee is asked to select "the reason you are submitting this Pennsylvania Child Abuse History Clearance application". Please select: "School Employee Not Governed by Public School Code: Applying as a school employee not governed by Section 111 of the provisions of the act of March 10, 1949 (P.L.30, No. 14), known as the Public School Code of 1949."
Where prompted, you will need to copy and paste your pre-paid number that was provided by CBY.
When asked for a signature at the end, please include your given name (not your Keystone ID). Enter your name in lower case letters, DO NOT use capitals.
If you have completed your information correctly, you will receive a notice that the application has been successfully received.
The prepayment code is good for only 30 days so you must complete this online form as soon as possible.
Gettysburg College will receive a copy of the results for your PA Child Abuse Clearance. It will not be necessary to submit these results separately to Gettysburg College.

What is the process to be fingerprinted through an IdentoGO Site?

CBY Systems will register you to have your fingerprints digitally scanned at a local IdentoGO site and will email you a copy of your registration form that must be taken with you to the fingerprinting location. The email will arrive from nobody@uemail.identogo.com.
Visit an IdentoGO site to have your fingerprints taken. For a listing of IndentoGO sites, please visit: https://www.identogo.com/locations.
The closest IdentoGO Site to Gettysburg College is at the Lincoln Intermediate Unit #12, 65 Billerbeck Street, New Oxford, PA 17350. Their current hours of operation are Monday through Thursday 10:00am to 6:00pm.
Items to take:
1. The Service Confirmation that IdentoGO emailed to you.
2. The required documentation. For information visit the PA Department of Human Services.
3. Gettysburg College will NOT receive a copy of the results from this report. Therefore, you must provide the results to the Gettysburg College’s Human Resources Office. (We will make a copy and return the original to you.)
4. IMPORTANT: When visiting the website to obtain your FBI Fingerprinting results, you will be asked a security question. The answer to the security question is cby.
5. Gettysburg College must receive the results within 90 days of your hire date, or you will not be able to continue working.

Why must I sign an Affidavit before I begin work?

New employees who work with Minors may be employed as a provisional hire, not to exceed 90 days if all of the following conditions are met:

The new hire is not the perpetrator of a founded report of child abuse committed within the last five years

The new hire has not been convicted of any of the following offenses under Title 18 of the Pennsylvania Code (relating to crimes and offenses), or of an offense similar in nature under the law or former laws of the United States or one of its territories or possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico or a foreign nation, or under a former law of this Commonwealth:

(a) Chapter 25 (relating to criminal homicide)

(b) Section 2702 (relating to aggravated assault)

(d) Section 2901 (relating to kidnapping)

(e) Section 2902 (relating to unlawful restraint)

(f) Section 3121 (relating to rape)

(g) Section 3122.1 (relating to statutory sexual assault)

(h) Section 3123 (relating to involuntary deviate sexual intercourse)

(i) Section 3124.1 (relating to sexual assault)

(j) Section 3125 (relating to aggravated indecent assault)

(k) Section 3126 (relating to indecent assault)

(l) Section 3127 (relating to indecent exposure)

(m) Section 4302 (relating to incest)

(n) Section 4303 (relating to concealing death of child)

(o) Section 4304 (relating to endangering welfare of children)

(p) Section 4305 (relating to dealing in infant children)

(q) A felony offense under section 5902(b) (relating to prostitution and related offenses)

(r) Section 5903(c) or (d) (relating to obscene and other sexual materials and performances)

(s) Section 6301 (relating to corruption of minors)

(t) Section 6312 (relating to sexual abuse of children)

(u) The attempt, solicitation or conspiracy to commit any of the above offenses; and

(v) Has not been convicted of a felony offense under the act of April 14, 1972 (P.L. 233, No. 64), known as The Controlled Substance, Drug, Device and Cosmetic Act, committed within the last five years.

3. The new hire has applied for the three required clearances

By signing the Affidavit, I am acknowledging that I have taken “all necessary steps to allow the College to obtain” these 3 background checks. What does that mean?

You will receive an email from CBY Systems, Inc. with a link to complete your background check. Before you are able to officially sign the Affidavit, you must have clicked on the link from CBY and completed the on-line forms to begin all three background checks.

By signing the Affidavit, I am acknowledging that I have taken "all necessary steps to allow the College to obtain" these 3 background checks. What does that mean?

Who is paying for these background checks?

Gettysburg College will be responsible for all fees and charges associated with the completion of these three background checks.

How often are these background checks run?

New clearances must be obtained every 60 months.

Important:

You must provide written notice to Human Resources within 72 hours if (1) you are arrested for, or convicted of, a reportable offense referenced above in the future and/or (2) if you are named as a perpetrator in a founded or indicated report of child abuse in the future.

I recently had these same checks completed for another employer. Do I need to have them completed again by Gettysburg College if they were done in the last 5 years?

No. As long as the clearances were completed previously for employment purposes, not for service as a volunteer, they may be used here. New employees will be required to sign a Sworn Statement for Portability of Clearances to use these clearances.