As we wrap up the holiday season and look ahead to the New Year, it appears that, once again, the fallout from Jerry Sandusky’s crimes will be that unwanted gift that keeps on giving – or taking.
Of course, at the heart of this and every analysis of the Sandusky crimes are the boys.
For the rest of their lives, Sandusky’s need to feel power over others will impact everything those young men do and every relationship they develop for the rest of their lives.
We’ve had compliance hires and mandatory training for all Penn State employees – even those who don’t interact with children. Last year it was court cases, embarrassing emails for the NCAA and some backpedaling on the sanctions.
In 2015, it is going to be about clearances.
Following unanimous support in the Pennsylvania Senate and a 175-18 vote of support in the Pennsylvania House of Representatives, in October of last year, Governor Corbett signed into law Act 153 of 2014. This law, undoubtedly in response to the worst child abuse scandal in state history, expands the requirement for background checks for both paid employees and unpaid volunteers and requires more frequent updates of those checks.
The new legislation now mandates that all people who work with children, including volunteers, will need to be cleared. This will add a check by the Pennsylvania Department of Human Services (formerly Public Welfare) to see if the applicant has ever even been accused of crimes against children. The addition of volunteers to the list of people who are mandated to provide clearances is new.
Church volunteers and the parent volunteer in the classroom, as just a few examples, were previously exempt under the clearance legislation. Volunteers, and perhaps students in Penn State classrooms, are now going to be required to obtain Criminal History Record Information from the Pennylvania State Police, a Child Abuse Clearance obtained through the Pennsylvania Department of Human Services, and if they have not lived within the state for the previous 10 years, they’ll need Federal Criminal History Record Information obtained by submitting a full set of fingerprints to the Pennsylvania State Police or authorized agent for submission to the Federal Bureau of Investigation. Total cost per person for all clearances? $48.75.
I support the idea behind background checks. However, as a stand-alone protection against another pedophile scandal or to protect children from being harmed, clearances provide a false sense of security.
People like Sandusky and Harris Township Supervisor Christopher Lee, who is currently in federal prison awaiting charges related to child pornography and what may be a history of molesting children, would never have been red flagged through clearances because they had never been charged with a child-sex related crime (or as in Lee’s case were able to plea bargain to a lesser crime) and therefore had no record for which an employer or volunteer agency would say “NO.”
Ariel Castro, the monster who held three young women captive in Cleveland for 10 years, was a public school bus driver and probably had the mandated clearances.
Under the new legislation, clearances will need to be renewed every three years and individuals who commit a child or sex-related crime during those three years will be required to notify their employers or any other appropriate agencies.
In our efforts to protect children, we are putting forth some big hurdles for good people to be able to work with children.
Theoretically, there are no downsides to making sure that people who work with children have nothing in their history that would put children at risk.
From a practical and administrative standpoint, it gets a bit more complicated.
Who will pay the fees for the Pennsylvanians who volunteer at their local churches or schools? Who will keep records of those clearances? Will each agency or school district that uses volunteers and other non-paid support have additional administrative (and therefore legal) burdens of managing their clearance database? Who makes the decision, based on the individual’s specific criminal background, that he or she is excluded from working with kids?
What about student projects in classes, including many at Penn State, that involve community or service agencies that work with kids? What about THON? If an organization such as a club or a sorority wants to spend time with their THON family will that mean clearances for all of the members? Who will track those clearances? Will clearances be required for admission to universities?
If someone is merely accused of a crime and there are no criminal charges, does that align with our right to “innocent until proven guilty?”
Last, will the Pennsylvania state police, the Pensylvania Department of Human Services (formerly Public Welfare) and the FBI have the resources to complete clearances on everyone that Act 153 now mandates? Will volunteers and other support staff be prohibited from helping kids or, as in the case with PSU students, learning about developing programs and services for children because of bureaucratic backlogs or fees? Will the authorities offer us the thumbs up or thumbs down on a potential volunteer?
There is no question that the more we can do to protect kids the better. Unfortunately, the instances that we read about in the paper are usually committed by people who either weren’t in a position that required them to submit clearances or may have no previous record or accusation. The new legislation likely means that the majority of the thousands of people who volunteer across Pennsylvania and the agencies that need them will spend time, money and energy to prove that they are fit and those who seek to harm children will find ways around the background checks.
We all take off our shoes in the airport because one guy tried to bring through a bomb in his shoes. Anyone who wants to work with kids will now have to go through clearances even though the guy who caused all of this probably would have passed his background check.
The not so great gift that keeps on giving.
Popular Stories:
New Year Promises Hope and Hardship for The Autoport Motel
DNA Analysis Company Draws Interest From Around the Country
Centre County Report: The Quest for the Best Burrito
Pinstripe Bowl & December Paid Big Dividends for Franklin, Penn State Football
Penn State Football: Glimpses Of Future Shine Through In Nittany Lion Victory
Zettel’s Math: The Difference Between 7-6 and 6-7 for Penn State Football
Penn State Tops Boston College in Overtime, Wins Pinstripe Bowl 31-30
Penn State Football: Catharsis Found As Nittany Lions Take Home Bowl Victory
