FAQ: Staff & Volunteer Clearances

Who is required to have their clearances?

• An individual 14 years of age or older who is applying for or holding a paid position as an employee with a program, activity, or service as a person responsible for a child’s welfare or having direct contact with children. (Keep Kids Safe – Employees)
• Adults applying for or holding an unpaid position as a volunteer with a child care service, school, program, activity, or service responsible for a child’s welfare or having direct volunteer contact with children will need clearances. (Keep Kids Safe – Volunteers)

How do I determine which employees in my library need clearances?

Keep Kids Safe advises using these, then consult legal counsel for further questions:

1. Is the employee responsible for the welfare of a child? If the employee is acting in lieu of or on behalf of a parent, they will need clearances.
2. Does the employee have direct contact with children? Consider if the employee provides care, supervision, guidance, or control of children. As the terms above are not defined in statute, it is suggested that the common meaning of these terms be used, with child safety serving as the paramount consideration.
3. Does the employee have routine interaction with children? (This could apply to most staff, especially for small libraries. It’s highly advised that libraries have current clearances on file for all staff.)

Can an employee start the job with clearances “pending”? (Updated)*

Under Act 12 of 2022, employees can be conditionally hired for up to 45 days before all clearances are obtained if:

1. Applicant or employer supplies copies of all completed clearance applications.
2. Employer, supervisor, or other persons responsible for hiring have no knowledge of information that would disqualify the candidate from employment related to children.
3. Applicant swears/affirms in writing that the records will come back clear of anything that would disqualify them from employment related to children. The state requires this Disclosure Statement form be used.
4. If an employee’s records come back with disqualifiers related to children, the employee is immediately dismissed.
5. During conditional employment, the employee cannot be permitted to work alone with children and the employee must work in the vicinity of a permanent library employee.

If your library will utilize this new law, update local policies to align employment language. Libraries can still require shorter or no conditional work periods when hiring.

If a volunteer becomes a paid employee, can they use the same clearances on file?

No, the clearances are different types. If a volunteer becomes a paid employee, the employee will need updated clearances using the appropriate codes.

How often do clearances need to be updated?

Currently, clearances need to be updated every 60 months.

What about Mandated Reporter Training?

Title 23 PA. C. C. Domestic Relations
§ 6311. Persons required to report suspected child abuse
(a) Mandated reporters – The following adults shall make a report of suspected child abuse, if the person has reasonable cause to suspect that a child is a victim of child abuse …
(11) An employee of a public library who has direct contact with children in the course of employment

Mandated Reporter Training: https://www.reportabusepa.pitt.edu/

This is a free, online, on-demand training.

Does this count for Continuing Education credits?

At this time, it is not counted for continuing education credit because it is required for paid staff and viewed as on-the-job training.