The following FAQ should help you with questions you might have about the requirements of the new law. Please let us know if you have any concerns that are not answered by this and we will address them as best we can.
An adult applying for an unpaid position as a volunteer responsible for the welfare of a child or having direct contact with children.
- What is the definition of child?
For purposes of clearances, a child is an individual under 18 years of age.
- How is direct contact with children defined?
Direct contact with children is defined in § 6303 (relating to definitions) as the care, guidance, supervision or control of children or routine interaction with children.
- When are clearances needed?
Prospective volunteers must submit clearances prior to the commencement of service.
- What is the renewal requirement for clearances?
All volunteers will be required to obtain clearances every 36 months. Volunteers are required to obtain updated clearances as follows:
- Is the use of a third-party vendor to process my clearances acceptable?
Third-party vendors may be used to process your Child Abuse, PSP and FBI clearances using the steps established above. They are not permitted to conduct background checks or clearances through other databases in lieu of the steps outlined above.
- How much do the clearances cost?
The Pennsylvania State Police Criminal Record Check cost is FREE. The Pennsylvania Child Abuse History Clearance cost is FREE. The Federal Bureau of Investigation (FBI) Criminal Background Check costs $27.50 through the Department of Human Services.
- Do I still need to submit a copy of my PSP or FBI clearance results when applying for my child abuse clearance?
Beginning December 31, 2014, volunteers are no longer required to submit a copy of their PSP or FBI clearances with their child abuse application. If the Department receives copies attached to the child abuse application we will not return those copies and they will be shredded due to the confidential nature of the information contained on the clearances.
- Are there any other requirements regarding clearances?
If an volunteer is arrested for or convicted of an offense that would constitute grounds for denying participation in a program, activity or service, or is named as a perpetrator in a founded or indicated report, the volunteer must provide the administrator or their designee with written notice not later than 72 hours after the arrest, conviction or notification that the person has been listed as a perpetrator in the Statewide database. A volunteer who willfully fails to disclose information as required above commits a misdemeanor of the third degree and shall be subject to discipline up to and including termination or denial of a volunteer position.
- Is the person responsible for acceptance of volunteers required to keep a copy of my clearances?
Yes, pursuant to § 6344 (b.1), the employer, administrator, supervisor or other person responsible for employment decisions or acceptance of the individual to serve in any capacity requiring clearances, shall maintain a copy of the required information and
require the individual to produce the original document prior to employment or acceptance to serve in any such capacity, except provisional employees for limited periods as described in § 6344.2 (f) and outlined above. An employer, administrator, supervisor or other person responsible for selection of volunteers that intentionally fails to require an applicant to submit the required clearance before the applicant’s hiring commits a misdemeanor of the third degree.
- Can my clearances be transferred?
Yes, any person who obtained their clearances may serve in a volunteer capacity for any program, activity or service during the length of time the person’s certification is current.
- As a volunteer, do I obtain my Federal Bureau of Investigation Criminal History check through the Department of Education or the Department of Human Services?
The agency under which an applicant should submit their FBI clearance application is based on the agency or organization for which they intend to volunteer. If the applicant intends to volunteer in a school or at a school related function, they would apply for their FBI clearance through the Department of Education. If the applicant intends to volunteer with children in any other capacity outside of a school setting or function, such as a group home for children, in a church, as a Little League or soccer coach, etc, they would apply
for their FBI clearance through the Department of Human Services.
If you'd like to dive into the OFFICIAL explanation from the Pennsylvania Department of Human Services you can here.