Pennsylvania Child Protective Service Law Amended

The amendment took effect at the end of 2019, requiring that a background check be completed in its entirety before employees who have direct contact with children start working.

Pennsylvania amended the state Child Protective Services Law in 2015, requiring that a Pennsylvania child abuse clearance, Pennsylvania State Police criminal check and an FBI background check all be submitted by an individual prior to engaging in a position that includes direct contact and interaction with minors. There was a stipulation that employees could work on a conditional basis while awaiting the results of these checks, providing that the employee applied for the background checks before commencing employment and that the employer had no knowledge of any information that would disqualify the employee.

This most recent amendment eliminates that stipulation, preventing an employee who has direct contact with children from starting a job prior to completion of the background check in its entirety. The statute cites that "employers, administrators, supervisors or other persons responsible for employment decisions may not employ applicants on a provisional basis."

Exemptions can be requested for certain child care employers.

It is recommended that all employers take the time to review their hiring practices immediately to ensure compliance with the amended law which has been in effect since the end of 2019.

If you have any questions, please contact your sales executive or account manager.

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This document and/or presentation is provided as a service to our customers. Its contents are designed solely for informational purposes, and should not be inferred or understood as legal advice or binding case law, nor shared with any third parties. Persons in need of legal assistance should seek the advice of competent legal counsel. Although care has been taken in preparation of these materials, we cannot guarantee the accuracy, currency or completeness of the information contained within it. Anyone using this information does so at his or her own risk.

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