Guidelines for Screening
of Prospective CASA and GAL Volunteers and Employees

Please keep in mind that state agency contact information (especially website addresses, but also phone numbers and mailing addresses) may change without notice. If you find information in this document that needs to be updated, please e-mail the information to staff@nationalcasa.org.

Please note: CASA and GAL programs frequently need to conduct records searches on volunteers who have recently come from other states. Attached is a list of contacts for statewide record searches in all states. However, please be sure to read the information in this memo about the limitations of statewide criminal record databases. In many cases, a search of the statewide record system is not by itself an adequate screening procedure.

Employee and Volunteer Screening; General Approach

In order to fully protect children and support the volunteers who advocate for them, CASA and volunteer GAL programs should use several screening procedures to help identify individuals who may not be appropriate volunteers or employees. No single screening method is adequate. For example, not all child abusers will be identified through criminal records checks, but such checks may suggest areas which need to be further explored with a volunteer candidate. Using a variety of screening methods will help you identify potentially problematic volunteers or employees.

The National CASA Standards reflect this multi-level approach. The required screening process for prospective CASA/GAL volunteers includes these elements:

1. Written application (including notice and authorization to conduct records checks)
2. Three or more references
3. Checks of criminal, motor vehicle, and child protective services records as permitted by state law
4. Personal interview
5. Pre-service training

Failure to use these multiple screening approaches could put children at risk. It also creates potential liability if an injured individual claimed the program was not adequately diligent in collecting the available information before making a decision to accept an individual as a volunteer or employee.

Checking Criminal Records

A records check is a necessary element in your screening of potential volunteers and employees. It is essential to understand that there is no single national database for all criminal records. Relying solely on a search of an existing database may not be a sufficiently diligent screening of prospective volunteers or employees. The available databases are often not up to date, not comprehensive, and sometimes inaccurate. Programs will therefore need to use an appropriate combination of record sources in addition to the other screening procedures listed above.

Available sources of information include:

• Local criminal records
  A county record search is an excellent source of comprehensive information about criminal history—if you know which counties need to be searched. Turnaround on these searches can be fast, and searches can sometimes be conducted by phone. If not by phone, a visit to the court clerk’s office will be necessary. A search should be conducted at least in the counties of residence and employment, but relevant records could be located in other counties.
   
• State criminal records databases
  A statewide check, in addition to the search in the county of residence or employment, can help ensure that you have the relevant background information. However, state records may not cover all counties in the state, and some state record systems contain only felony information. They usually contain less information than county court records, and it generally takes longer for the records to be recorded in the state systems. Some states only provide information about current prison inmates, not all convictions.
  
  Not all state record systems are open for searches by non-law enforcement personnel (a state-by-state outline of resources for state level criminal record checks is attached). Processing times vary significantly from state to state. Fees range from nothing to $50, but average about $15 for name searches and $25 for fingerprint searches.
   
• National criminal record database
  There is no national database of criminal records which you can access directly. Many state and local law enforcement agencies and courts send criminal records to the FBI’s National Crime Information Center (NCIC). Only law enforcement personnel can access this information. Many states will obtain information for you from these national record searches. These searches can provide another added level of assurance, especially when an individual has lived in more than one jurisdiction. However, while the system is national in scope, it does not cover all criminal convictions.
   

You must request this service through the appropriate law enforcement authority in your state. Waits can be as little as 10 calendar days or as much as 3 months. FBI records checks cost $18, but states may add an additional $18 to $36.
 

• State central child abuse registry
  By federal law, these records are confidential and access to them is limited. Some states allow their use for employment and licensing eligibility purposes. Contact your state child protection authorities to find out about accessing it. Failure to access this source of information if it is available could raise questions in the event of litigation.
   
• State sex offender registry (SOR)
  Most states now require sex offenders to register when they are released from custody, and some states allow public access to these registries, often online, but sometimes via local law enforcement agencies. Access to such registries in a few states has been declared unconstitutional. These registries may not include information about all offenders. Only those offenders convicted after a certain date will be included, and many only include those considered likely to re-offend. These registries can provide supplemental screening information, but should not be relied upon as the sole source of criminal records information.
  
  Many states allow online searches of the SOR, so turnaround time can be almost immediate and without cost. SOR contact information is included in the attachment for those states which allow access.
   
• Motor vehicle records
  These records can reveal license suspensions that may raise concerns about the individual’s suitability as a volunteer. Forms for requesting these searches are often available online, and turnaround time can be 2 to 3 weeks. The federal Driver’s Privacy Protection Act limits the uses for which state motor vehicle records can be released, but it does allow their use for verification of accuracy of information provided to an organization.
   
• Professional disciplinary board records
  Disciplinary actions against professionals can suggest causes for concern about their suitability as volunteers. State bar associations, medical and social work licensing boards, and licensing authorities for other professions often make their records available to the public. Many can be accessed online, so the information is available quickly and without cost. However, the record may not give much indication of the substance of the complaint against the individual.
   
• • Federal criminal records
  The federal district courts deal with federal crimes such as mail fraud, interstate drug crimes, civil rights violations, and others. This information is not available from local or state searches.
   
• Social security screen
  Commercial services can confirm whether a social security number is valid and registered to the individual; they may also confirm current and previous address information. Relatively inexpensive (as low as $10) and fast, but it is not a search of criminal records.
   
• Credit history
  Commercial organizations provide this service, which may show lawsuits filed against the individual. However, the Fair Credit Reporting Act (FCRA) only permits credit bureaus to release information to people with a legitimate business need. In addition, it is a very intrusive approach and many good prospective volunteers will object to its use.

Cautions and recommendations related to screening and background checks

1. Keep the process respectful.
   
   Discussions with and materials given to prospective volunteers and employees should help them understand that background checks protect them as well as the children and the organization. Forms should be clearly written so that individuals understand what they are agreeing to.
    
2. Make sure the information you receive involves the correct individual.
   
   Positive identification is important to the accuracy of a record search. Fingerprint searches are the most reliable, but some states do not permit searches by fingerprint identification. A name-only search could return information about another person. State forms relating to record searches may include or require other information, such as social security numbers, to make the identification more reliable. Reputable search services will typically require information which will allow for accurate identification.
    
3. Understand the legal requirements in your state related to your collection and use of criminal records information
   
   There may be criminal and civil penalties for misusing information you obtain through a criminal records check. The law may require that you not share the results of criminal records checks with anyone other than those with a "need to know." This would include only people making the determination whether to accept the prospective volunteer or employee. You may be required to keep the information in a locked file, with limited access, or even to destroy the information after use.
   
   You should obtain advice from local legal counsel on matters such as these.
    
4. Give prospective volunteers an opportunity to challenge the accuracy of the criminal records checks
   
   Records checks, especially name-only searches, can inaccurately suggest that someone has committed a crime. For that reason, you can help ensure fairness by giving the individual a copy of the information and an opportunity to challenge its accuracy. This can also help avoid later disagreements with those who are rejected.
    
5. Consider outsourcing the records checks to a commercial search service
   
   You may find it faster and more efficient to use a commercial service. These firms must comply with federal laws such as the Fair Credit Reporting Act, and a reputable service will be up to date on this and other federal and state legal requirements related to records searches.
   
   The most important reason for using an outside firm may be that they can efficiently conduct local searches in all relevant counties. Turnaround times can also be faster with commercial providers, especially if the search involves multiple jurisdictions.
   
   Be sure to use a reputable firm and know what you are getting. Some inexpensive commercial services do not conduct direct searches, but rely on publicly available databases. Their results may not be comprehensive.
   
   National CASA has used a commercial firm to conduct pre-employment searches as well as background checks on prospective board members. This firm has recently implemented a search service specifically for volunteer organizations. We have used the service on a trial basis and found it to be inexpensive, fairly comprehensive, and fast. Information about this service is available at www.volunteerselect.com.  There is a one-time setup fee for their service, but individual volunteer screenings are inexpensive. They generally complete searches in 72 hours or less.
    
6. Use an appropriate release form before conducting records checks
   
   Some have a required form for accessing statewide databases (sources of available online state forms are listed in the attachment). State laws may also require that specific disclosure statements be included on the form authorizing a release of records. These requirements may also vary depending on whether you are a government agency or a private organization. If you use a search service, they will probably provide assurances that their release form meets applicable federal and state laws.
    
7. Use any information you obtain in a fair and non-discriminatory way
   
   The national standards require the rejection of individuals convicted of certain charges that would pose a risk to children or to the program’s reputation. In other situations, National CASA strongly encourages programs to consider all the circumstances of the particular case, including the extent of any rehabilitation.
   
   A blanket exclusion of individuals with any kind of conviction record could unfairly exclude people who might make good advocates. Such automatic exclusions might also be used against you in a discrimination lawsuit.
   
   Also, care should be taken to consider the ways personal bias can intrude into the overall screening process, especially if intuition is sometimes used to accept or reject applicants. A respectful, structured and documented process will help you make a reasonable, well-grounded decision that can be justified if it is challenged.