I. Introduction

As part of our commitment to providing a safe and secure environment for all children and youth who participate in activities sponsored by the Church, we will conduct background checks of all applicants for employment, applicants for seminary training, seminarians, compensated individuals, and certain volunteers. The level of background check depends upon the position or potential position of the applicant, compensated individual, or volunteer.

In developing this program, our foremost concern was the protection of children and youth in the Church. However, we were also mindful of the privacy interests and rights of those screened and the relevance of particular crimes to certain positions within our Church. Thus, the fact that an individual was convicted of a crime is not an automatic bar to ministry within the Church. For example, a single conviction of driving while intoxicated more than five (5) years ago would not automatically disqualify an individual from teaching religious education in a parish.

The following are the minimum standards expected of all Church personnel. The Archdiocese, parishes, and schools have discretion to implement additional background checks. For example, a motor vehicle record check may be required of all Church personnel who drive as part of their employment, service, or ministry with the Church.

These standards and the accompanying forms are subject to change. We will attempt
to notify those responsible for conducting screening as soon as possible prior to the
effective dates of any changes.

II. Parish and Archdiocesan Personnel

A. Current Parish and Archdiocesan Employees Who Work with Children.

 

1. Applicable Personnel: All regularly salaried and hourly wage personnel, part-time and full-time, 19 years or older, of parishes who regularly have contact with individuals under the age of 19 and who were hired prior to June 20, 2003. Individuals in this category include, but are not limited to, all clergy, religious men and women, seminarians, directors, coordinators and facilitators of religious education, pastoral associates, religious education teachers, music ministers, camp counselors, and youth ministers.
2. Screening and Background Check Protocol: All individuals in this category must complete a Screening and Authorization Form and undergo a background check. Once the form is completed, it should be sent to the Safe Environment Support Office, 100 North 62nd Street, Omaha, Nebraska 68132. The office will submit the data to a designated commercial firm providing background check services. The results will be reviewed by the support office, and shared with the hiring authority. In the case of a Parish, the Pastor will make the final decision as to whether the individual is qualified to continue as an employee. In the case of the Archdiocese or as it affects any clergy or seminarian, the Moderator of the Curia will make the final decision as to whether the individual is qualified to continue in his or her position.

B. Current Archdiocesan Employees Who Do Not Work With Children.

 

1. Applicable Personnel: All regularly salaried and hourly wage personnel, part-time and full-time, 19 years or older, of the Archdiocese who do not regularly have contact with individuals under the age of 19 and who were hired prior to June 20, 2003. Individuals in this category include, but are not limited to, maintenance personnel, administrators, secretaries, bookkeepers, and others who do not regularly have contact with children.
2. Screening and Background Check Protocol: All individuals in this category must complete a Screening and Authorization Form and undergo a background check. Once the form is completed, it should be sent to the Safe Environment Support Office, 100 North 62nd Street, Omaha, Nebraska 68132. The office will submit the data to a designated commercial firm providing background check services. The results will be reviewed by the support office, and shared with the hiring authority. In the case of a Parish, the Pastor will make the final decision as to whether the individual is qualified to continue as an employee. In the case of the Archdiocese or as it affects any clergy or seminarian, the Moderator of the Curia will make the final decision as to whether the individual is qualified to continue in his or her position.

C. Applicants for Paid Parish and Archdiocesan Personnel Positions.

 

1. Applicable Positions: Applicants for all regularly salaried and hourly wage
   personnel, part-time and full-time, 19 years or older, of the Archdiocese or its
   parishes. Individuals in this category include, but are not limited to, applicants for
   the following positions: directors, coordinators and facilitators of religious
   education, pastoral associates, religious education teachers, music ministers, camp
   counselors, youth ministers, cemetery workers, maintenance personnel,
   administrators, secretaries, and bookkeepers.
2. Screening and Background Check Protocol: All individuals in this category
   must complete a Screening and Authorization Form and undergo a background
   check. Once the form is completed, it should be sent to the Safe Environment
   Support Office, 100 North 62nd Street, Omaha, Nebraska 68132. The office will
   submit the data to a designated commercial firm providing background check
   services. The results will be reviewed by the support office, and shared with the
   hiring authority. In the case of a Parish, the Pastor will make the final decision as to
   whether the individual is qualified to continue as an employee. In the case of the
   Archdiocese or as it affects any clergy or seminarian, the Moderator of the Curia
   will make the final decision as to whether the individual is qualified to continue in
   his or her position.
3. References Check: All applicants must undergo references checks. References must include three people unrelated to the applicant, including the applicant's most recent employer. These references checks may be conducted verbally (over the telephone) or in written form. If they are conducted in written form, the applicant must complete three (3) reference check forms by signing and dating the Authorization for Release of Information, inserting the names and addresses of the references, and inserting their own names and addresses where noted. The references must include the most recent employer (prior to the parish or Archdiocese). The parish or Archdiocese should then send the forms, along with self-addressed stamped envelopes to the references. If the reference checks are conducted verbally, written records of the discussion with the references must be maintained. Contact the Coordinator's office if the response by the reference indicates any of the following: (1) that the applicant has been investigated for allegations of neglect, sexual abuse, harassment, exploitation, or another form of sexual misconduct; (2) that the reference has reservations about the applicant working with children; (3) that the reference would not hire the individual; or (4) that there is a concern about the applicant working with children and youth.

D. Parish and Archdiocesan Volunteers Who Work with Children.

 

1. Applicable Personnel: This category includes all volunteers (over the age of 19) who regularly have contact with minors (those under the age of 19) including, but not limited to, clergy, religious men and women, pastoral associates, teachers and aides, directors, coordinators and facilitators of religious education, religious education teachers and aides, youth ministry volunteers, Boy Scout Leaders, Catholic Youth Organization volunteers, children or youth choir directors, and parish outreach workers. This category would not include individuals who do not regularly volunteer and who are not alone with children. For example, an individual who volunteers to chaperone a day trip on a one-time basis in the presence of at Least one other adult is not required to undergo this screening process.
2. Screening and Background Check Protocol: All individuals in this category must complete a Screening and Authorization Form and undergo a background check. Once the form is completed, it should be sent to the Safe Environment Support Office, 100 North 62nd Street, Omaha, Nebraska 68132. The office will submit the data to a designated commercial firm providing background check services. The results will be reviewed by the support office, and shared with the Parish or Archdiocese. In the case of a Parish, the Pastor will make the final
   decision as to whether the individual is qualified to continue as an volunteer. In the case of the Archdiocese, the Moderator of the Curia will make the final decision as to whether the individual is qualified to continue as a volunteer.

E. Parish and Diocesan Volunteers Who Do Not Work with Children.

 

1. Applicable Personnel: Individuals in this category include all volunteers 19 years or older who do not regularly have contact with children in their volunteer duties, including, but not limited to, pastoral council members, parish finance council members, members of adult lay and secular groups, members of adult choirs, Eucharistic ministers, lectors, and ushers.
2. Screening Protocol: At this time, no screening will be required of individuals in this category.

III. Catholic School Personnel:

A. Current Catholic School Paid Personnel.

 

1. Applicable Personnel: This category of personnel includes all employees over the age of 19 who were employed by the Archdiocesan Catholic School Offices, a parish school, or a Catholic school, on or before June 20, 2003. This category includes, but is not limited to, teachers, administrators, aides, coaches, secretaries, bookkeepers, cafeteria workers, librarians, and maintenance personnel.
2. Screening and Background Check Protocol: All individuals in this category must complete a Screening and Authorization Form and undergo a background check, regardless of whether the individual also has completed an employment application. Once the form is completed, it should be submitted to the Principal (in the case of a school), or to the Superintendent of Schools (if the employer is the Catholic School Office). The completed forms will be forwarded to the Safe Environment Support Office, 100 North 62nd Street, Omaha, Nebraska 68132. The office will submit the data to a designated commercial firm providing background check services. The results will be reviewed by the support office, which will notify the Principal or Superintendent of Schools of the results. The Principal, in consultation with the Superintendent of Schools, will make the final decision as to whether the individual continues as an employee.

B. Applicants for Catholic School Personnel Positions.

 

1. Applicable Positions: All applicants over the age of 19 for positions within the Archdiocesan Catholic Schools or the Archdiocesan Catholic Schools Office, including, but not limited to, administrators, teachers, secretaries, coaches, maintenance personnel, aides, cafeteria workers, librarians, and cafeteria workers.
2. Screening and Background Check Protocol: All individuals in this category must complete an employment application and a Screening and Authorization Form and undergo a background check. Once the forms are completed, they should be submitted to the Principal (in the case of a school), or to the Superintendent of Schools (if the employer is the Catholic School Office). The Screening and Authorization form will be forwarded to the Safe Environment Support Office, 100 North 62nd Street, Omaha, Nebraska 68132. The office will submit the data to a designated commercial firm providing background check services. The results will be reviewed by the support office, which will notify the Principal or Superintendent of Schools of the results. The Principal, in consultation with the Superintendent of Schools, will make the final decision as to whether the individual continues as an employee.
3. Reference Checks: All individuals in this job category must undergo a references check. These references checks may be conducted verbally (over the telephone) or in written form. If they are conducted in written form, the applicant must complete three (3) reference check forms by signing and dating the Authorization for Release of Information, inserting the names and addresses of the references, and inserting their own names and addresses where noted. The references must include the most recent employer (prior to the school). The school should then send the forms, along with self-addressed stamped envelopes to the references. If the reference checks are conducted verbally, written records of the discussion with the references must be maintained. At a minimum, all reference checks must include the questions listed in the reference check form. Contact the Coordinator's office if the response by the reference indicates any of the following: (1) that the employee has been investigated for allegations of neglect, sexual abuse, harassment, exploitation, or another form of sexual misconduct; (2) that the reference has reservations about the employee working with children; (3) that the reference would not hire the individual; or (4) that there is a concern about the employee working with children and youth.
4. Face-to-Face Interview: All applicants must be interviewed in person. While it is important to obtain as much information about the applicant's ability to perform the job and suitability for the position, the interviewer should not ask any questions that are illegal or inappropriate.

C. Catholic School Volunteers.

 

1. Applicable Positions: All individuals over the age of 19 who regularly volunteer at or for an Archdiocesan Catholic school, including but not limited to, teacher aides, cafeteria workers, bus monitors, coaches, crossing guards, library volunteers, and other non-paid school personnel. This category would not include, for example, a volunteer who visits the school on a single or several occasions to lecture or conduct a program, when other school personnel over the age of 19 are present.
2. Screening and Background Check Protocol: All individuals in this category must complete a Screening and Authorization Form and undergo a background check. Once the forms are completed, they should be submitted to the Principal. The Screening and Authorization form will be forwarded to the Safe Environment Support Office, 100 North 62nd Street, Omaha, Nebraska 68132. The office will submit the data to a designated commercial firm providing background check services. The results will be reviewed by the support office, which will notify the Principal or Superintendent of Schools of the results. The Principal will make the final decision as to whether the individual is qualified to volunteer.

IV. Analysis of Results

A. Convictions of Certain Crimes.

Individuals convicted of certain crimes will prohibit them from being assigned, employed, or engaged as a volunteer for the Archdiocese, its parishes, or its schools. Thus, individuals convicted of the following crimes may not be employed or volunteer for the Archdiocese or its parishes or schools: capital murder; first degree murder; second degree murder; manslaughter; aggravated felonious sexual assault; felonious sexual assault; sexual assault; kidnapping; incest; endangering the welfare of a child or incompetent; indecent exposure or lewdness in the presence of a child under 16 years old; prostitution; child pornography and computer pornography; and child exploitation. If a background check reveals that a person has been convicted of such a crime, the Safe Environment Support office will notify the hiring authority that the person is not qualified to work or volunteer.

B. Convictions of Other Crimes

Including Accusations or Investigations of Child Abuse, and Other Types of Misconduct. Individuals convicted of other crimes involving moral turpitude, including, but not limited to drug-related crimes, assault and battery, theft, fraud, and perjury, and individuals found to have engaged in sexual harassment, sexual exploitation, or other misconduct or offense involving moral turpitude, may also be disqualified from service or ministry within the Church. The Safe Environment Support office will share the results of a background check with the hiring authority and the hiring authority will review such situations on a case-bycase basis. The hiring authority will consider, among other factors, the nature of the crime or offense, the date on which the crime or offense took place, the relation-ship between the crime or offense and the position with the Church, and evidence of rehabilitation.

 

V. Confidentiality of Records

A. Background Check Documentation

Parishes, schools, and the Archdiocesan administration must maintain employment applications, screening forms, reference check forms, and other personnel documentation regarding applicants, volunteers, and employees in locked files with access limited only to those with a legitimate need to know. The Safe Environment Support office may maintain copies of criminal records or other personnel information regarding parish, school, and Archdiocesan administration personnel. The office manager will limit access to those records to those with a legitimate need to know.

 

B. Confidentiality of Information.

 

Parish, school, and Archdiocesan personnel who have access to personnel information are
required to maintain confidentiality and are prohibited from disclosing any personnel
information to individuals without a legitimate need to know.

 

BACKGROUND CHECKS FREQUENTLY ASKED QUESTIONS

1. What kind of record history checks will have to be done?

 

There will be three categories of checks. The first will be a check with the Social Security Administration to verify that the name and social security number match. The second will be criminal record history check that will involve the review of public court records for convictions of felonies and misdemeanors. The third will be a check of the Sex Offender Registry that is maintained by the Nebraska State Patrol or a similar agency of other states. The checks will be conducted within the same time frame if possible. If a pastor, administrator or principal has any questions about results of the checks, they should discuss the results with the appropriate archdiocesan official.

2. What will the checks reveal?

Criminal record history checks will show any convictions of felonies or misdemeanors (adverse action(s)) that appear as a matter of public record in the judicial system. The Sex Offender Registry will show substantiated allegations of sexual offenses.

 

3. Who will have to be checked?

Checks will be done on all priests, deacons and religious who have a pastoral appointment in the diocese such as pastor, assistant pastor, parochial administrator, or Catholic school instructor. In addition, all archdiocesan, parish, and school employees, and contract services staff will be checked. Also to be checked are all volunteers who are in regular contact with minors as a part of their voluntary service and retired clerics who provide pastoral services to parishes or schools.

4. What if a person has already had a background check?

Individuals who have had background checks from recognized authorities and for whom there has been no interruption or break in employment may not have to be checked again providing that some proof or certification of the check is made available. Background checks will be repeated during the recertification process.

 

5. How far back will the checks go?

 

The time period covered by the checks will vary from state to state, but generally go back for seven (7) years.

 

6. Will the person for whom the check is requested have to authorize it?

Yes. The appropriate form for the background check will have to be signed by any person who is either applying for a paid position with the church, including a school, or a volunteer position that requires regular contact with minors.

7. Will the results of the checks be kept in confidence?

Yes, to the extent that the signed authorization form provides. Of necessity, the results will be released to the archdiocese and the user organization submitting the request for that background check. The results will be made known only to the diocese and the pastor or personnel administrator in the organization for which the employee, contract services person, job applicant or volunteer is working or providing voluntary services and kept under lock and key.

8. Will a person's birth date and Social Security number have to be provided?

Yes. Refusal to provide the information that is required for the checks will preclude the person from consideration for the position.

9. Will a person whose background is checked be given the right to dispute the findings if there is an error in the public records?

Yes. Whenever an organization such as the archdiocese uses a background check services
company to conduct background checks of individuals, the rights of the consumer (the job
applicant, employee, or volunteer) are protected by federal statute, i.e., the Fair Credit Reporting Act. Although the title of the act might suggest that "credit" checks will be done, a person's credit is not a part of this background evaluation. As indicated in this document and elsewhere, our primary interest is to be able to give assurances that clerics, employees, contract services staff, and volunteers who are in regular contact with children do not have a history of putting minors at risk. Everyone for whom a background check is requested may be given a copy of "A Summary of Your Rights Under the Fair Credit Reporting Act" that outlines the steps one can take to dispute the findings of the background check.

10. Will any felony or misdemeanor conviction prevent an individual from a position in the church or school?

 

No. Many people have in one way or another made mistakes. We believe they should be allowed to move beyond those mistakes. However, individuals who have a history of child abuse, selling drugs to minors or other criminal convictions that may have put minors at risk cannot be placed in a position that involves responsibility for minors. Any other type of criminal convictions will be reviewed on a case-by-case basis by the hiring authority.

 

11. Who requests the background check?

 

The person responsible for hiring staff or engaging volunteers will make the request, provided the applicant gives his/her authorization for the checks and release of the information.

 

12. How is the check conducted?

After the required authorization forms have been completed and signed, the forms are submitted to the Archdiocese of Omaha who will then forward the data to a screening company which will conduct the checks. The results will be sent directly to the Archdiocese and, as necessary, shared with the parish or school. Before any adverse action is taken based in whole or in part on the report, the archdiocese shall provide to the applicant a copy of the report and the document "A Summary of Your Rights Under the Fair Credit Reporting Act." If the applicant's name appears for felony or misdemeanor convictions on any records search by the screening company, the Archdiocese will send a Notice of Adverse Action directly to the applicant along with a copy of the rights to dispute the findings with the screening company.

13. How do I tell an applicant for a staff or volunteer position that a criminal record history check and a check of the Sex Offender Registry will have to be conducted?

The manner in which the need for the checks is explained is important. Providing a written explanation to staff and volunteers as well as applicants for those positions will help them to understand that they are not being personally targeted. Our hope is that by conducting this type of background check and by implementing the other elements of the Charter we will be able to help assure that minors in the care of the church will be safe.

 

14. Applicants for employment provide a resume. What information should I be requesting from volunteers so background checks can be conducted?

 

In addition to any other information you may request as part of a comprehensive and prudent
program for evaluating volunteers or staff, you may have to obtain the birth date, Social Security number and all the names by which the applicant has been known or has used, including maiden names.

15. What about minors that want to volunteer? Should I let them and
does a criminal record history check have to be conducted on them?

As a rule there are no public records maintained for minors; therefore there can be no checks
conducted. Nevertheless, we should be encouraging young people to become involved in church related activities, including serving as a volunteer. However, only adults 21 years of age and older who have been properly checked should be allowed to function in an independent supervisory capacity with minors in any parish or school program. Young adults between the ages of 19-21 may assist in the supervision of minors when in a joint relationship with an adult supervisor 21 years or older. Minors under the age of 19 may assist with activities involving other minors but should never be expected to have supervisory responsibilities.

16. Does an applicant for either a staff or volunteer position have
to provide the information required for a background check?

Refusal will prevent the person from being considered for the position.

17. Does a current employee who is requested to undergo a background
check have to provide the information required far a background check?

Refusal will reflect grave discredit on the Archdiocese, parish, or school and will be cause for
immediate termination.

18. What is considered "regular" contact with minors?

Such activities include, hut are not limited to, those that involve pastoral care or ministry and full-time or part-time teaching. Other activities include those who train minors as altar servers, work with minors involved in choir or similar youth activities such as recreational or social functions, nursery or child care assignments, retreats or outings such as bowling, ski trips, etc. In general, the intent of the archdiocesan provisions is to help protect minors from abuse. In view of this, prudent consideration should be given to any situation that might not be explicitly detailed or described in this document and driven by the thought that it is better to err on the side of caution.

19. What are some examples of ministry
or volunteer service that would not require checks?

Eucharistic ministers, music or hospitality ministry, soup kitchen or funeral luncheon teams are some examples. Another example is anyone involved with minors but only on a sporadic basis where the activity is conducted in the "public arena" such as a chaperone at a school dance or carnival on an infrequent basis. Volunteers for these activities provide an essential service to the church community, but do not as a rule involve regular contact with minors as part of their overall responsibility. However, if at any time they do, background checks will be required.

 

20. How long will the checks take?

Under normal conditions the checks are expected to be completed within 72 hours. However, we expect the turnaround time will take a greater amount of time when a large number of initial checks have to be conducted.

21. Who is responsible for paying for the checks?

The hiring organization. If a parish is the hiring organization, it will be responsible to pay for
checks of the pastor and other employees, deacons and volunteers. If a school (provided it is other than a parish institution), the school will be responsible for its employees and volunteers. The Archdiocese will be responsible for its employees and volunteers.

22. How will the Archdiocese know that everyone
who must be checked will actually be checked?

Although the results of all checks will flow through a single person in the archdiocesan offices in Omaha and a system for compliance monitoring will be in place, it is the Archbishop’s
expectation that all persons responsible for the administration at the local level will comply.