October 2007
Expose
hidden dangers through due diligence
Applicant screening is essential when safeguarding today’s church ministries.
You never thought it could happen — at least not at your
church. The color drains from your face when you receive an
unexpected visit from a police investigator. He informs you
that a report of sexual misconduct has been made concerning
one of your volunteers. Dreadful information quickly reveals
that a volunteer in the youth program hid a history of sexual
offenses in another state and you never knew about it until it
was too late.
The days of thinking that nothing like this
could ever happen at your church have long since
passed. As a result, the subject of background
The days of thinking that nothing
checking has become an important issue for like this could ever happen at your
churches. Are background checks really worth the
expense? How can you get your church have long since passed.
volunteers to see the need
without offending their good inten-
tions? And how do you get started?
Churches weren’t asking
these questions just a few years
ago. But the recent high-profile
attention paid to clergy sexual
misconduct has forced the
church to ask the questions
and to act with diligence
and consistency to protect
the people it serves.
Volunteers commit
incidents
A survey conducted by
Church Law and Tax Report
found that church volunteers
commit 50 percent of all inci-
dents of sexual abuse in church-
es, paid staff commit 30 percent
and other children commit 20 per-
cent. Many risk-consultant profession-
By Bob D'Ambrosio and Kim M. Kerr
28 | ChurchExecutive
als agree that the church and other nonprofit groups are the
predator’s last refuge. Perpetrators look for access to vulner-
able children, youth, senior citizens and people with disabili-
ties. If predators know that an organization uses a screening
process they usually move on to easier prey.
The Volunteers for Children Act signed in 1998 states that
you can be sued for negligent hiring if you have an incident
with one of your volunteers or employees and did not conduct
a national search to look for a previous criminal record. Any-
one, paid or unpaid, who works with children at your church
should be on your list for mandatory background checks.
So how do you implement the process of background
checking? Here are some steps to get started:
Develop a policy. The words, “We’ve never done it that
way before” are heard in every organization, including church-
es. This expression indicates that people need time to accept
new ideas and methods of operation. Implementing a risk
management process that includes background checking must
start with a policy that is written and accepted by the staff and
leadership of the church.
A policy should explain the rationale for doing a back-
ground check and which volunteer positions will be checked.
Have the policies accepted and approved by your church
governing board and incorporate it into the staff handbook for
paid and unpaid workers.
Determine whom to check. Realize that not every
volunteer in your ministry requires the same scrutiny.
Mrs. Jones who updates the attendance records from her
home, or the 80-year-old shut-in who helps with those craft
October 2007
 cut-outs probably don’t need their other paid staff members and then the
criminal backgrounds checked. But if volunteers in leadership positions.
the volunteer position involves making After your top leadership level has
contact with children, youth or oth- been checked you can begin with the
ers who are vulnerable, use the strict- other volunteer positions you’ve identi-
est screening procedures you can fied as potential areas for liability. The
realistically implement. higher risk positions often include: (1)
Find out if you operate any those who work with children, youth,
programs that require mandatory senior citizens or the developmentally
screening. You may need to check with a disabled; (2) counselors; (3) drivers and
local attorney as these laws vary by state (4) individuals with financial respon-
and can change at sibilities. The risk increases when they
any time. Many serve regularly or without close supervi-
states require sion.
some form Consider your budget. If you’re
of a criminal doing a large number of background
background checks to get everyone on board you may
check if you need to phase in the process to manage
operate a your budget. Background checks can
school, pre- cost anywhere from $9 to $50 depend-
school, day- ing on the company you use and items
care program, included in the search. Search options
health care may involve identity checking, crimi-
program, profes- nal records, motor vehicle reports, edu-
sional counseling cation verification and more. Group’s
center or program that Church Volunteer Central, Loveland, CO,
requires a license or uses an association that helps churches with
licensed professionals. Your volunteer equipping, offers discounted
insurance provider may also national background checks. Determine
require background checks in order for what type of search you’ll need for the
you to carry standard liability coverage. position and shop around for a company
Add the screening require- that offers what you need at a price you
ment to ministry descriptions. Once can afford.
you’ve established which positions Work your plan. Marlene Wilson,
require a background check add author of Group’s Volunteer Leadership
it to the ministry description. A Series, says, “Where risk management is
written ministry description in itself concerned, talk is a great place to start,
is a risk management tool because it but action is required.” Be consistent
can state the qualifications needed in whatever protocol you establish and
to get the job done. Clearly indicate realize that change is to be expected.
that a criminal background check is Maintain documentation of all
required to serve in the position. Not screening efforts. Now is the time to
only does this help manage the risk, establish a paper trail. Document every
it contributes to the culture chang- screening effort. Typically, one question
ing by stating your expectations raised in court is whether your church
up front. has met “due diligence” in the screening
Start with the staff. When imple- process. A file on every volunteer will
menting a new policy at church many show this to be the case. According to
leaders use the approach: “Do what I say, the Fair Credit Reporting Act a signed
not what I do.” This doesn’t work when consent form is required in order to
it comes to checking someone’s personal run a background check. Keep the con-
background or driving record. Pastors sent form, background check report and
should lead by example and head up the other documents in your files and keep
line for a background check, followed by them secure.
October 2007 ChurchExecutive
As you begin a screening process
you’ll need to establish a record keeping
system of who has been checked along
with the results. Many volunteer manage-
ment software programs now have a place
to input this information. A spreadsheet or
a good paper filing system can also serve
this purpose.
Examine the process carefully
Confused about selecting a back-
ground-checking provider? Like any other
purchase, you need to understand the
product. Here are some important items
to examine as you compare companies:
1. Data: How does the provider gain
access to and deliver background check
information? Technological advanc-
es now make it possible to search a
database with national coverage. With
today’s transient society the goal of a
check is to provide the largest coverage
possible. However, reporting practices
vary for each state, and county, with
no guarantee that all felony and misde-
meanor convictions are reported from
each law enforcement agency.
Therefore look for a firm that offers
a national report with as many registries
as possible rather than just searching
within your own state or county. Be sure
the provider manages, maintains and
updates their data rather than buying
it from another vendor. Data should
be reliable and accurate. Ask about the
accuracy rate in the reporting and the
correction rate on reinvestigations. You
want reliable service that you can trust.
2. Turnaround time: How does the
provider manage turnaround times for
the searches ordered? Many database
searches are fulfilled instantly so you
don’t need to wait 24 hours to have
the report returned. For onsite county
checks or other types of reports you’ll
want to have a “time service estimate”
based on the actual history for the coun-
ty being searched. Some providers offer
an order tracking service in which every
“milestone” is documented to let the
user know where they are in the ful-
fillment process. New technologies are
now allowing the possibility of accessing
court data in real time.
| 29
 3. Legal compliance: How does the
provider ensure that they are up to date
and compliant with all the various state
and federal laws that pertain to back-
ground screening? Some states have
laws limiting how far back you can go in
searching for records. For example, Cali-
fornia has a seven-year limit while Geor-
gia has no limitations. Littler Mendelson,
San Francisco, CA, the nation’s largest
firm specializing in labor and employ-
ment law, has partnered with LexisN-
exis Risk & Information Analytics Group,
New York, NY, to provide updates and
industry alerts when new laws or regula-
tions impact background screening.
Inaccurate information
LexisNexis recommends that the
most important thing in selecting a com-
pany is to determine whether they use Background checks are necessary in
legally compliant data and processes to do order to protect your church and con-
the actual checks for your organization. gregants. Make safety a priority in your
Inaccurate or incomplete information can church and reap the benefit of a secure
create confusion, legal liability and in and caring community. CE
the case of violence or sexual offense —
heartache. Use a trusted partner in this
important effort.
4. Service and support: A back-
ground check company needs to do more
than just provide a report, it needs to
provide support services to assist you in
the process. Will you have access to a “live
advisor” in case you have questions? Do
they have customer service to assist with Bob D’Ambrosio is a consultant with
access to the site? How are the reports Church Volunteer Central, Loveland, CO.
delivered and stored in their system? Many [churchvolunteercentral.com] Kim M.
companies provide online archives of the Kerr is vice president and general
manager of LexisNexis Risk &
reports so you can retrieve information Information Analytics Group,
and keep an online record of your files. New York, NY. [lexisnexis.com]

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30 | ChurchExecutive October 2007