State Laws on Background Checks for Local Leagues

Ala. Code § 38-13-3

Alabama law requires that an “employer” shall request the Alabama State Law Enforcement Agency to conduct a criminal history background check of a “volunteer”.  The definition of “employer” includes an entity that has volunteers who provide “care” to children in a “caretaker setting”.  “Care” is defined as the “provision of care, treatment, education, training, instruction, supervision or recreation to children”.  “Caretaker setting” is defined as “a building, structure or location, public or private property, or vehicle, utilized for or involved in the providing of care, education, training, instruction, or supervision of children….”  A criminal history background information check shall include the review of any and all records containing any information collected and stored in the criminal record repository of the Federal Bureau of Investigation, the Alabama Criminal Justice Information Center, and the Alabama State Law Enforcement Agency involving an arrest or conviction by a criminal justice agency, including, but not limited to, child abuse crime information as defined by 42 U.S.C. § 5119, the National Child Protection Act of 1993, conviction record information, fingerprint cards, correctional data and release information, and identifiable descriptions and notations of convictions.

Ala. Code § 38-13-4 requires that all employers obtain, prior to or upon the date of employment a request with written consent for criminal history background information check and a statement signed by the employee or volunteer indicating whether he or she has ever been convicted of a crime, and if so, fully disclosing all convictions. The written consent and statement shall be maintained in the agency or personnel file of the volunteer.

Alabama Criminal Justice Information Center – Alabama Criminal History Background Checks:

http://background.alabama.gov/

Alabama Law Enforcement Agency Community Information Center (Under drop down menu labeled Sex Offender click “sex offender search”):

http://app.alea.gov/Community/

The Alabama statute can be viewed online at below by clicking “Title 38” on the left, then clicking “Chapter 13” and then “§ 38-13-2” “§ 38-13-3” or “§ 38-13-4”:

http://alisondb.legislature.state.al.us/alison/codeofalabama/1975/coatoc.htm.

Bus. & Prof. Code § 18900

A “community youth athletic program” must provide written notice to the parent or guardian of a youth participating in the program regarding the program’s policies relating to criminal background checks for volunteers and hired coaches in the program.  If criminal background checks are obtained for hired or volunteer coaches, the written notice shall contain both of the following: (A) a statement regarding whether the criminal background check includes state and federal criminal history information and whether the program obtains subsequent arrest notification for those individuals and (B) contact information regarding where the parent or guardian of a child participating in a “community youth athletic program” can obtain additional information about the program’s background check policy, such as the entity providing the criminal background check or the nature of the type of offenses the program searched.  Written notice is satisfied by a posting on the “community youth athletic program’s” website.  A “community youth athletic program” is defined as an organization that: (A) has a primary purpose of the promotion or provision of athletic activities for youth under 18 years of age and (B) has adult employees who have supervisory or disciplinary power of children.

The text of Bus. & Prof. Code § 18900 can be viewed online at:

http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=BPC&division=8.&title=&part=&chapter=2.7.&article=

Conn. Gen Stat. § 21a-432

An “Operator” shall require any prospective employee or volunteer, who is eighteen (18) years of age or older, who applies for the position of a coach, instructor, or athletic trainer to submit to a comprehensive background check. Additionally, a comprehensive background check must be completed for each coach, instructor, or athletic trainer at least once every five (5) years. The statutory definition of “Operator” includes a nonprofit organization that conducts, coordinates, organizes or otherwise oversees any “youth athletic activities”, whether for compensation or not. “Youth athletic activities” is defined as organized athletic activity involving participants not more than nineteen (19) years of age, “who (A)(i) engage in an organized athletic game or competition against another team, club or entity or in practice or preparation for an organized game or competition against another team, club or entity, or (ii) attend an organized athletic camp or clinic the purpose of which is to train, instruct, or prepare such participants to engage in an organized athletic game or competition, and (B) (i) pay a fee to participate in such organized athletic game or competition or attend such camp or clinic, or (ii) whose cost to participate in such athletic game or competition or attend such camp or clinic is sponsored by a municipality, business or nonprofit organization.”

The comprehensive background check must include, but is not limited to;

(A) criminal history records check conducted (i) by submitting a request to the State Police Bureau of Identification, along with arrangement of fingerprinting of the subject individual or conducting of another method of positive identification as required by the Bureau of Identification, or (ii) by searching the electronic criminal record system maintained on the Internet web site of the Judicial Department for convictions matching the prospective employee’s name and date of birth;

(B) check of the state child abuse registry established pursuant to section 17a-101k;

(C) check of the sex-offender registry established and maintained pursuant to section 54-257; and

(D) search of the National Sex Offender Registry Public Website maintained by the United States Department of Justice.

Alternatively, an Operator may contract with a third-party provider of national criminal history checks for the conducting of the required comprehensive background checks. The third-party provider must conduct the background checks in accordance with the national industry background check standards established by the United States Olympic and Paralympic Committee.

If the comprehensive background check results in a finding that the individual applying to become an employee or to volunteer as a coach, instructor, or athletic trainer has been convicted of a felony involving the use, attempted use or threatened use of physical force against another person, of cruelty to persons under section 53-20, injury or risk of injury to or impairing morals of children under section 53-21, abandonment of children under the age of six years under section 53-23, or any felony where the victim of the felony is a child under eighteen years of age, or of a violation of section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a, 53a-72b or 53a-73a, or has a criminal record in Connecticut or any other state that the Operator reasonably believes may render the person unsuitable for a position as a coach, instructor or athletic trainer, the Operator shall not employ the person or accept the person as a volunteer if, after considering (1) the nature of the crime and its relationship to the position for which the person has applied; (2) information pertaining to the degree of rehabilitation of the convicted person; and (3) the time elapsed since the conviction or release, the Operator determines that such person is not suitable for the position for which such person has applied.

Information regarding Criminal History Record Checks and Fingerprinting by the Connecticut State Police Bureau of Identification, including the request form, can be found at:

https://portal.ct.gov/DESPP/Division-of-Emergency-Service-and-Public-Protection/Reports-and-Records/State-Police-Bureau-of-Identification

The Connecticut Judicial Department electronic criminal record system can be accessed at the following web address:

https://www.jud2.ct.gov/crdockets/SearchByDefDisp.aspx

Information regarding check of the Central Registry for child abuse and neglect, including the request form, can be found at:

https://portal.ct.gov/DCF/Background-Checks/Home  

The Connecticut Sex-offender Registry can be accessed at the following web address by clicking “Sex Offender Registry on the left-hand column:

https://portal.ct.gov/Services/Public-Safety

The National Sex Offender Registry can be accessed at the following web address:

https://www.nsopw.gov/

The Connecticut statute, can be viewed online at:

https://www.cga.ct.gov/2022/sup/chap_420l.htm#sec_21a-432

See also § 17a-101k, § 29-17a, and § 54-257:

https://www.cga.ct.gov/current/pub/chap_319a.htm#sec_17a-101k

https://www.cga.ct.gov/current/pub/chap_529.htm#sec_29-17a

https://www.cga.ct.gov/current/pub/chap_969.htm#sec_54-257

F.S.A. § 943.0438, § 435.03 and § 435.04

Florida law requires private, nongovernmental entities that organize, operate or coordinate youth athletic teams in Florida (“Independent Sanctioning Authorities”) to conduct annual Level 1 background screenings on any youth athletic team coach, assistant coach or referee who is authorized by an Independent Sanctioning Authority to work 20 or more hours a year whether for compensation or as a volunteer (“Athletic Coach”).  The screening requires a search of the Athletic Coach’s name or other identifying information against: (A) state and federal registries of sexual predators and sexual offenders checks; (B) employment history checks; and (C) statewide criminal correspondence checks through the Florida Department of Law Enforcement.  Additionally, the Level 1 screening disqualifies any person that has been found guilty of or entered a plea of nolo contendere to any offense that constitutes domestic violence or any of the offenses set forth at F.S.A. § 435.04(2) or a similar law of another jurisdiction.

Any person identified in a registry or prohibited for certain offenses (as set forth in § 435.04(2) (a) through (zz), or a similar law of another jurisdiction) must be disqualified unless they are exempt (exemptions may not be granted for sexual predators (§ 775.21), career offenders (§ 775.261), or sexual offenders, unless the sexual offender was removed (§ 943.0435)).  If they are disqualified, the Independent Sanctioning Authority must, within seven (7) business days following the background check, provide the disqualified person with notice of such disqualification.  The Independent Sanctioning Authority must maintain the results and notification for at least five (5) years.

The Level 1 background screening required pursuant to F.S.A. § 435.03 is available to the public on Internet sites provided by:

Florida Department of Law Enforcement sexual offenders and predator search:

https://offender.fdle.state.fl.us/offender/sops/offenderSearch.jsf

 Florida Department of Law Enforcement criminal history information:

https://cchinet.fdle.state.fl.us/search/app/default?0

A Level 1 screening in accordance with § 435.03 also requires a check of the United States Department of Justice Dru Sjodin National Sex Offender Public Website, which may be found at:

http://www.nsopw.gov 

DISQUALIFYING OFFENSES UNDER F.S.A. § 435.04(2):

The security background investigations under this section must ensure that no persons subject to the provisions of this section have been arrested for and are awaiting final disposition of, have been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, or have been adjudicated delinquent and the record has not been sealed or expunged for, any offense prohibited under any of the provisions of Florida State Law as set forth in F.S.A. § 435.04(2)(a) through (zz) or a similar law of another jurisdiction.

The Florida statute can be viewed online at:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0900-0999/0943/Sections/0943.0438.html

See also § 435.03 and § 435.04 for definition of Level 1 and Level 2 screenings:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0400-0499/0435/Sections/0435.03.html

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0400-0499/0435/Sections/0435.04.html

M.G.L.A. Ch. 6 §172H

Any entity or organization primarily engaged in providing activities or programs to children 18 years of age or less shall obtain “all available criminal offender record information” from the Department of Criminal Justice Information Services prior to accepting any person as an employee, volunteer, vendor, or contractor. “All available criminal offender record information” means all adult and youthful offender convictions, non-convictions, previous and pending hearings conducted pursuant to section 58A of chapter 276 (Pretrial Detention or Release on Condition for Certain Offenders), including requests of such hearings, transfers by the court, disposition of such requests, findings and orders, regardless of the determination, and pending criminal court appearances, but excluding criminal records sealed under section 34 of chapter 94C (sealing of record for first offense involving unauthorized possession of a controlled substance) or sections 100A to 100C of chapter 276 (sealing of certain criminal records by the Commissioner of Criminal Justice Information Services) or the existence of such records.

The screenings should be conducted via the following websites: 

Criminal Offender Record Information:

https://www.mass.gov/how-to/request-cori-as-an-organization

The Massachusetts statute can be viewed online at:

https://malegislature.gov/Laws/GeneralLaws/PartI/TitleII/Chapter6/Section172H

Miss. Code Ann. § 43-15-303

A “childcare service” employer offering or conducting a childcare service cannot permit an applicant to volunteer if the volunteer is listed on the sex offender registry.  Additionally, a “childcare service” will not knowingly permit an applicant to volunteer who has been convicted of a sex offense, who has been adjudicated not guilty of a sex offense by reason of insanity or has been adjudicated physically or mentally incompetent.  “Childcare service employer” means every person, firm, association, partnership, or corporation offering or conducting a “childcare service”. “Childcare service” is defined as a business or volunteer service that involves the care, instruction, or guidance of minor children where a fee is charged for the care, instruction, guidance, or participation of a child in the program (see § 43-15-307 for definitions).

A “childcare service employer” who violates the above will be guilty of a misdemeanor, and upon conviction shall be fined up to Twenty-five Thousand Dollars ($25,000.00), imprisoned for a period not to exceed six (6) months, or both.  An employer who obtains an official report from the Mississippi Justice Information center that the applicant is not registered as a sex offender shall not be guilty, absent the employer’s actual knowledge.

The Mississippi Code is provided by an external service provider.  The Code can be viewed online at the link below.  Check “Title 43” and then “Chapter 15”and then “Article 7”. 

http://www.lexisnexis.com/hottopics/mscode/

The Mississippi Sex Offender Registry can be viewed at:

http://state.sor.dps.ms.gov/

Nev. Rev. Stat. § 432A.710

An entity that operates a “seasonal or temporary recreation program” shall complete a background and personal history check for each staff member within three (3) days of the staff members hiring and once every 5 years thereafter. Additionally, programs must conduct a child abuse and neglect screening (“CANS”) through the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child by submitting a request to the Division of Child and Family Services of the Department of Health and Human Services.

A “seasonal or temporary recreation program” is defined by Nev. Rev. Stat. § 432A.029 as a recreation program offered to children for a limited time or duration and includes, without limitation a baseball or other sports league.

The national background checks required by Little League Regulations meet the requirements of a “background and personal history check.” However, leagues must request that the CANS check be performed by the Division of Child and Family Services by submitting a request form (see link to website where form can be obtained below).

The Nevada statute can be viewed online at below by clicking “NRS 432A.710” on the left side:

https://www.leg.state.nv.us/Division/Legal/LawLibrary/NRS/NRS-432A.html

See also § 432A.029, by clicking “NRS 432A.029” for the definition of “seasonal or temporary recreation program” at:

https://www.leg.state.nv.us/Division/Legal/LawLibrary/NRS/NRS-432A.html

The CANS request form can be obtained online at below by clicking “Employer Request for Central Registry Information” at the bottom of the page.

http://dcfs.nv.gov/Forms/CentralRegistry/

N.H. Rev. Stat. § 170-E:56 and § 170-E:55

No person or entity shall for charitable purposes operate any “youth skill camp” without maintaining an appropriate policy regarding background checks for employees and volunteers, which policy must include the frequency of the background checks and the sources used to conduct the background checks.  A “youth skill camp” is defined as a nonprofit or for-profit program that lasts eight hours total or more in a year for the purpose of teaching a skill to minors, including the teaching of sports.  Certification of background checks must be made to the Department of Health and Human Services demonstrating that no individual has a criminal conviction for any offense involving, causing, or threatening direct physical injury to any individual or causing or threatening harm of any nature to a child.

In January of 2021, the Department of Health and Human Services – Child Care Licensing Unit provided its current interpretation of N.H. Rev. Stat. § 170-E:55 and § 170-E:56 as follows “A ‘youth skill camp’ is a non-profit or for profit program with a specific curriculum that has been developed by individuals knowledgeable and experienced in the field to impart a specific skill in a logical progression of increasing difficulty over a period of 3 or more consecutive days. The skill is taught by at least one instructor who is knowledgeable and experienced in the skill being imparted. Skills include the teaching of sports, the arts, and scientific inquiry.” Thus, leagues should be mindful of additional certification requirements in the event a league operates a program targeting the development of a specific skill for three (3) or more consecutive days.

The New Hampshire statute can be viewed online at:

http://www.gencourt.state.nh.us/rsa/html/XII/170-E/170-E-56.htm

See also § 170-E55 for definitions, which can be viewed online at:

http://www.gencourt.state.nh.us/rsa/html/XII/170-E/170-E-55.htm

The certification form can be found on the New Hampshire Department of Health and Human Services webpage:

https://www.dhhs.nh.gov/programs-services/childcare-parenting-childbirth/child-care-licensing/youth-camp-programs/youth-0

57 Okl. St. § 589

A person or business who offers or provides services to children shall conduct a name search of all employees, at least annually against registries maintained pursuant to the Oklahoma Sex Offenders Registration Act and the Mary Rippy Violent Crime Offenders Registration Act.  The Oklahoma statute does not define “employee”.

All persons working with or providing services to children shall be required to sign a statement declaring that he or she is not currently required to register under the provisions of the Oklahoma Sex Offenders Registration Act or the Mary Rippy Violent Crime Offenders Registration Act. Compliance with the signed statement requirement shall be mandatory for all persons working with or providing services to children, and there shall be no liability or obligation placed upon any person or business to ascertain the truthfulness of the affidavit.  Failure of any person or business who works with or provides services to children to conduct the annual name search of each person employed shall be a misdemeanor. Upon conviction for failure to conduct a name search, the violator shall be guilty of a misdemeanor punishable by a fine not to exceed One Thousand Dollars ($1,000.00).

The Oklahoma Sex Offenders Registration Act can be viewed online at:

http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=103940

The Mary Rippy Violent Crime Offenders Registration Act can be viewed online at:

http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=440960

Public Access for registries maintained by the Oklahoma Department of Corrections is available online at the link below.

http://sde.ok.gov/sde/sex-offender-and-violent-crime-offender-registries

SB 1547, ORS §329A.030, ORS § 329A.250, and ORS § 329A.255

A person operating a “school-age recorded program” may not operate the program without becoming recorded with the Office of Child Care (ORS § 329A.255).  To obtain a recording, the person must apply to the Office by submitting a completed record application form.  The record will authorize operation of the “school-age recorded program” only on the premises described in the record and only by the person named in the record. The statute defines “school-age recorded program” as a program for school-age children that is not operated by a school district, is not required to be certified or registered and in which “youth development activities” are provided to children during hours that school is not in session and does not take the place of parent’s care (See ORS § 329A.250 for definitions).  “Youth development activities” means care, supervision or guidance that is intended for enrichment, including but not limited to teaching skills or proficiency in physical, social, or educational activities such as social activities, sports and recreational activities.

An individual in a “school-age recorded program” who may have unsupervised contact with children and an operator or employee of a “school-age recorded program” is a “subject individual” pursuant to ORS § 329A.030(10)(d) and (j). A “subject individual” shall apply to and must be enrolled in the Central Background Registry. Additionally, a school-age recorded program may not hire or employ an individual if the individual is not enrolled in the Central Background Registry (See ORS § 329A.030(8)).

The Oregon Revised Statutes (O.R.S.) which contains the codified laws of Oregon is published in odd numbered years. Thus, the most recent version is the O.R.S. 2021 Edition.  Instructions for using 2022 Oregon laws can be viewed online at:

https://www.oregonlegislature.gov/lc/ORSupdate/instructions.pdf

O.R.S. 2021 Edition Chapter 329A can be viewed online at:

https://www.oregonlegislature.gov/bills_laws/ors/ors329A.html

The 2022 Amendments to the above referenced Sections of the O.R.S. can be viewed online at:

https://www.oregonlegislature.gov/bills_laws/lawsstatutes/2022orLaw0090.pdf

School-Age Recorded Program Application can be found at:

https://oregonearlylearning.com/providers-educators/become-a-provider/license-exempt-childcare/#resources

23 Pa C.S.§ 6344, § 6344.2 and § 6344.4 (See also 23 Pa. C.S. § 6303 for definitions).

Section 6344.2 applies to an adult applying for or holding an unpaid position as a volunteer with a “program, activity or service”, as a person responsible for the welfare of a child or having direct volunteer contact with children.  “Program, activity or service” is defined in part as a sports or athletic program in which children participate and which is sponsored by a school or a public or private organization.

Employers or other persons responsible for the selection of volunteers shall require an applicant to submit to all requirements set forth in section 6344(b).  Employers or other persons that intentionally fail to require the foregoing before approving the applicant commit a misdemeanor of the third degree.

The volunteer must submit:

(1)  A report of criminal history record information from the Pennsylvania State Police or a statement from the Pennsylvania State Police that the State Police central repository contains no such information relating to that person; and

(2)  A certification from the department as to whether the applicant is named in the Statewide database as the alleged perpetrator in a pending child abuse investigation or as the perpetrator of a founded report or an indicated report; and

(3)  A full set of fingerprints to the Pennsylvania State Police for the purpose of a record check, and the Pennsylvania State Police or its authorized agent shall submit the fingerprints to the Federal Bureau of Investigation for the purpose of verifying the identity of the applicant and obtaining a current record of any criminal arrests and convictions.

However, if the volunteer: (A) is unpaid; (B) has been a resident of the Commonwealth of Pennsylvania during the entirety of the previous ten-year period or, if not a resident of the Commonwealth during the entirety of the previous ten-year period, has received certification under section 6344(b)(3) at any time since establishing residency in this Commonwealth and provides a copy of the certification to the person responsible for the selection of volunteers; and (C) swears or affirms in writing that they are not disqualified pursuant to section 6344(c) or has not been convicted of an offense similar in nature to those crimes listed in section 6344(c) under the laws or former laws of the United States or one of its territories or possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico or a foreign nation, or under a former law of this Commonwealth then the volunteer must only submit in accordance with (1) and (2) above.

Volunteers are required to obtain the certifications required above every sixty (60) months from the date of the person’s most recent certification or, if the current certification is older than sixty (60) months before July 1, 2016.  A person identified under section 6344.2 without a certification or who was previously not required to have a certification shall be required to obtain the certifications required by this chapter by July 1, 2016.  For renewals of certification required under this chapter, the date for required renewal shall be from the date of the oldest certification under section 6344(b).

For the purposes of criminal liability under this section, an employer, administrator, supervisor, or other persons responsible for the selection of volunteers are presumed to have acted in good faith when identifying individuals required to submit certifications and maintain records as required by this section.

§ 6344, § 6344.2 and § 6344.4of the Pennsylvania Statutes can be viewed online at: 

http://www.legis.state.pa.us/CFDOCS/LEGIS/LI/consCheck.cfm?txtType=HTM&ttl=23&div=00.&chpt=063.&sctn=044.&subSctn=000.&CFID=215825865&CFTOKEN=37767968 

http://www.legis.state.pa.us/CFDOCS/LEGIS/LI/consCheck.cfm?txtType=HTM&ttl=23&div=00.&chpt=063.&sctn=044.&subSctn=002.&CFID=215825865&CFTOKEN=37767968

http://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=23&div=0&chpt=63&sctn=44&subsctn=4