comprehensive-background-check-pre-service-check-requirements (PROVISIONAL HIRE)

Reason(s) for non-compliance: • The Lead Agency does not require a qualifying result from an FBI criminal background check or in-state criminal background check with fingerprints before a prospective staff member begins work, as required by 98.43(d)(4). (Plan Questions 5.7.12a and 5.7.12b) Overall Target Completion Date: 05/31/2025 Action Step Number Action Step Description Target Completion Date 1 One of the requirements for hiring on a provisional basis in a certified child care facility in Pennsylvania is for the prospective staff member to have either their FBI Criminal History Clearance; or PSP Criminal History Clearance 05/31/2025 prior to starting provisional employment. The FBI Criminal History Clearance is a fingerprint-based check, the PSP Criminal History Clearance is a name-based clearance. In addition to other provisional hire requirements, the FBI Criminal History Clearance; or PSP Criminal History Clearance must be obtained and no older than 60 months prior to provisional hire. OCDEL is not responsible for the implementation of in-state criminal background checks. The repository for Pennsylvania criminal history checks was created and is maintained in accordance with Pennsylvania's Criminal History Information Act contained in Chapter 91 of Title 18, Crimes Code. This Act also directs the Pennsylvania State Police (PSP) to disseminate criminal history data to criminal justice agencies, non-criminal justice agencies and individuals on request. OCDEL will revisit conversations related to converting the state criminal background checks to a fingerprint based review with the PSP and the Office of Children, Youth and Families. OCDEL is the only office with a federal requirement to use fingerprint based checks for in- state background checks. The PSP name-based check accesses fingerprint records from the FBI database.