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DIOCESAN POLICY ON CRIMINAL HISTORY BACKGROUND CHECKSPURPOSEThe Diocese of Saginaw values the safety of children in its care, its employees and volunteers, and the people whom it serves. Accordingly, the diocese must take prudent measures to protect its people. Effective March 1, 2004, the Diocese of Saginaw mandates that criminal history background checks be conducted for all church personnel, whether working with minors or not. In addition, volunteers in any parish, school, or other diocesan institution, who have regular contact with minors, must have a criminal history background check. Criminal history background checks are required in addition to proper screening, interviewing, and reference checks conducted by all hiring agents. *(1) GENERAL POLICY REGARDING SCREENINGAll paid Church personnel (clergy, religious, and lay) including those paid by stipend shall have a criminal history background check whether they provide services to the diocese, parish, school or early childhood center, or any other diocesan institution, whether working with minors or not. This policy is not applicable to school personnel covered by Public Act 99 of Public Acts of 1992. However, a copy of the fingerprint and criminal history background report must be submitted to the Diocese of Saginaw Office of Human Resources for such personnel. Also all volunteers who have regular contact with minors (at the diocese, the parish, the school or early childhood center, or any other diocesan institution) shall have a criminal history background check. Minors who volunteer to work with children (in programs at the diocese, the parish, the school or early childhood center, or any other diocesan institution) shall complete, and have their parent/guardian complete, a "Minor's Statement of Background" form. Once the prospective employee/volunteer has completed the Authorization Form, a copy should be given to the prospective employee/volunteer; a copy placed in the personnel file, and the original should be sent to the Diocesan Office of Human Resources. PROCEDURETime: At the time of application for employment or assignment or request to volunteer, the Applicant shall be provided with a copy of this policy. The background check must be completed prior to employment. [For applicants who have worked out of state, the background check must be initiated prior to employment and condition/continuation of employment is dependent upon the results of the check.] Incumbent Church personnel and volunteers will be provided with a copy of this policy at the times their names are checked. Requirement: A criminal history background check is a condition for employment or volunteering. Non-compliance with the policy will result in loss of employment or volunteer position. Frequency: Incumbent Church personnel and volunteers must be screened every seven years, at the time of their anniversary of employment. At the discretion of the diocese, more frequent screens may be performed RESPONSIBLE AGENTRequests for a criminal history background check should be handled by the hiring agency and/or the agency receiving a request for volunteer status. Once the authorization form is completed, the Pastor / Pastoral Administrator will forward the Criminal Background Authorization Form to the Diocese of Saginaw Office of Human Resources. Catholic Schools will follow the requirements of the Revised School Policy as administered by the Office of Education/Formation and the Superintendent of Catholic Schools. In addition, a copy of the fingerprint and criminal history background report must be submitted to the Diocese of Saginaw Office of Human Resources. The Office of Human Resources will serve as a resource to the hiring agents and volunteer coordinators. COSTThe cost of the basic criminal history background checks will be covered by the diocese. Any additional required background checks will be covered by the requesting agency (parish or school). TYPE OF BACKGROUND SEARCHAll Church personnel and volunteers will have a criminal history background check. These records searches will be conducted through the Internet Criminal History Access Tool (ICHAT) maintained by the state police. *(2) All school staff as prescribed by law, as well as those required by the Office of Education/Formation and Superintendent of Catholic Schools, shall have a fingerprint criminal history background check. *(2) Criminal history background checks will encompass all places where the person has lived for the past seven years. (*3) COMPLIANCE MONITORINGEach parish, school or early childhood center, or agency of the diocese shall submit an annual report to the diocese on the status of these criminal history background checks in connection with the annual parish report and/or required reports submitted to the Office of Education/Fornnation, Superintendent of Catholic Schools. Further verification of compliance with this policy will be reviewed/monitored at the time of diocesan audits of parishes or diocesan institutions. A record is also kept at the Diocesan offices. DISCOVERY OF CRIMINAL ACTIVITY: COMMUNICATING RESULTS OF CRIMINAL HISTORY BACKGROUND CHECKSIn cases where a criminal conviction is discovered through ICHAT the Office of Human Resources will immediately contact the parish, school or diocesan institution. Upon the discovery of a criminal conviction as a result of the fingerprint and criminal history background check for school personnel, the parish, school, or institution shall immediately consult with the Office of Human Resources and/or the Office of Education/Formation, Superintendent of Catholic Schools. All information received during the background check will be kept confidential by the requesting agency, the Office of Human Resources, and the Office of Education / Formation and filed permanently at the Diocese of Saginaw. The requesting agency shall maintain the strictest verbal confidentiality and placement of any printed material regarding the individual until after consultation. All laws protecting the employee must be adhered to; A final determination regarding future service of the Church personnel or volunteer will be made by the parish or diocesan institution in consultation with the Office of Human Resources or the Office of Education -Formation, Superintendent of Catholic Schools and legal counsel.
*(1) Diocese of Saginaw / Employee Handbook 10/01/03
Revised July 2004
*(2) The Internet Criminal History Access Tool (ICHAT) searches for criminal conviction records maintained by the Michigan State Police. The names, social security numbers and any aliases of individuals being employed or serving as volunteers are checked using the ICHAT system. Fingerprint Criminal History checks are begun at the local police department and sent on to the state police and then to the FBI which reports convictions from throughout the country and lists current open cases against an individual. The results of this search are sent to the hiring agent. The legal basis for fingerprinting permission is the Michigan Schools Teachers Act and the National Child Protection Act. *(3) A designated outside form will be utilized to provide criminal history background checks outside the State of Michigan. | ||||||