SEXUAL ABUSE
CHILD SEXUAL ABUSE RISK IN MINISTRY CONTEXTS
Criminal background checks — not a silver bullet !
By Gregory Love & Kimberlee
Given the # MeToo and # ChurchToo movements and the ongoing media headlines , many church leaders have awakened to the risk of child sexual abuse and are seeking guidance about what to do .
Others are taking this opportunity to evaluate existing safety efforts to measure preparedness . Typically , the criminal background check is quickly identified as the first line of defense .
However , for many churches , the background check is the only line of defense .
When it comes to criminal background checks , many ministry leaders are not good consumers — they tend to look for ‘ cheap and fast ’ rather than intrinsically effective . There is much to learn about this important security measure .
As a starting point , ministry leaders must learn what this element in the ministry screening process accomplishes , and what it lacks .
If a ministry allows an applicant with a past known ( or knowable ) criminal history of harming children into a ministry program , that ministry is placing children in harm ’ s way , as well as exposing the ministry to civil liability and public censure . Why ? Because the best predictor of future behavior is past behavior .
However , the value of the criminal background check must be measured in light of reality . Take , for example , this fact : less than 10 % of sexual abusers will encounter the criminal justice system ever . As a result , more than 90 % of child sexual abusers have no criminal record to find — and they know it .
Criminal background checks have become a standard of care and must be performed , but they cannot be relied upon as a silver bullet used as a ministry ’ s sole preventative protocol meant to prevent child sexual abuse .
The purpose of this article is to provide ministry leaders with a better understanding of the value and limitations of this fundamental element of an effective screening process : the criminal background check .
Legislative limits
Due to legislative limits , an applicant applying for a ministry position might have a criminal record that does not appear on a criminal background report due to laws placing guidelines and limitations on the type and age of information reported . As a result , it behooves ministry leaders to develop some familiarity with state-specific guidelines and restrictions . When a background check report comes back stating ‘ no records found ,’ it cannot necessarily be concluded that no records exist .
FCRA ( federal law )
The criminal background check industry is governed by federal legislation : the Fair Credit Reporting Act ( FCRA ). Any third-party vendor providing criminal background checks to a church or ministry is a Credit Reporting Agency ( CRA ). One purpose of the FCRA is to provide consumer protection , promulgating guidelines that seek to ensure that consumers are not unfairly deprived of employment and other opportunities . The FCRA places limitations on information reported by a background check vendor , a CRA , to a ministry . In addition , in some jurisdictions state law further restricts criminal history reporting , placing limits on the type of information reported and when a background check can be requested by a potential employer .
Under the FCRA , criminal convictions can be reported regardless of when the conviction occurred , while non-convictions may only be reported if the matter is less than seven years from the criminal filing . A non-conviction could involve an alternative or deferred adjudication , a dismissal or a finding of ‘ not guilty .’
State law
Though the FCRA places no limits on reporting criminal convictions , various states have passed legislation that have limited the scope of conviction reporting to seven years , including California , Kansas , Massachusetts , Montana , New Hampshire , New Mexico , New York and Washington .
Though the FCRA limits the reporting of non-convictions past the seven-year mark , some states ( California , Kentucky , New Mexico and New York ) prevent CRAs from reporting non-convictions altogether .
In Massachusetts , Hawaii and Washington , employers may perform a criminal background check only after an offer of employment has been extended . Additionally in Hawaii and Washington , an employer may rescind the offer of employment only if a conviction has occurred within the past 10 years and is directly related to employment responsibilities . These examples , which are not exhaustive , illustrate how state legislation can impact the type and age of information reported , and when it can be requested . Year by year , these legislative limitations continue to mount .
14 CHURCH EXECUTIVE • STOP CHILD SEXUAL ABUSE churchexecutive . com