“Governor Susana Martinez wants to give Children, Youth and Families Department case workers instant access to background checks. Other states already allow caseworkers to get that information before they place a child with someone, but in New Mexico, it can take weeks.

KOB Eyewitness News 4 learned the FBI actually owns the database. It is called the NCIC, or National Crime Information Center. Right now, members of law enforcement in New Mexico are the only ones who can immediately access background checks. CYFD has to wait weeks before they get results. In that time, kids are just at the mercy of investigations and gut feelings.

Martinez is pushing for change and rallying folks from the Children’s Law Institute for help. She introduced a new bill Wednesday to a crowded room of child-advocates.

Martinez described the current situation

‘It’s not a good way to treat a child who is already been abused; moving them back and forth and all around,’ she said.

That is exactly what is happening right now. In an emergency situation, when CYFD has to take custody of a child, they first look for relatives to ease the transition. More than once, CYFD has had to pull a child from a relative’s home after getting back a bad background check.

‘I’ve had personal experiences where grandparents were being considered, but then, there’s this issue of, they’re dealing drugs,’ said CYFD Secretary Yolanda Deines. ‘They’re being mules for the cartel and they’re going back and forth across the border.’

But, just because a background check is clear, does not mean a home is a good fit.

Sec. Deines said this is just an added layer of security.

‘I just see this as another level of healing on that deep wound that has existed it the state of New Mexico.,’ she explained.

Deines said it should have happened sooner. She said, it’s ‘an incredible frustration, especially coming from Texas where it’s a standard practice.’

Martinez will introduce the bill in the upcoming session. She said there is no reason it should not pass.

If the legislation passes, it takes effect immediately.”

“The FBI performed a record number of instant background checks on would-be firearm buyers in 2011 as Americans went on an apparent gun-buying spree, according to new government data.

The FBI said it fielded nearly 16.5 million queries from firearms sellers last year, checking that customers buying guns did not have criminal records or other red flags that made them ineligible to purchase weapons.

That was up 15 percent from 2010, when the FBI performed 14.4 million screenings using its so-called National Instant Criminal Background Check System (NICS), and the highest number of annual screenings performed since 1998, when the checks went into effect.

The FBI cautioned that each background check did not necessarily represent an individual firearm sale, in part because some would-be buyers fail to pass the screening.

But FBI spokesman Stephen Fischer said the background checks are correlated with weapon purchases. So the uptick in screenings last year suggests that an increase in gun sales the agency has been tracking for several years was continuing.

Fischer declined to analyze or comment on the jump in firearms purchases, saying the bureau’s responsibility was only “to operate and maintain the NICS system.”

But Andrew Arulanandam, a spokesman for the National Rifle Association, said he believed the political uncertainty surrounding next year’s general election was prompting would-be gun buyers to accelerate purchases.

Arulanandam said the jump in sales since 2006 largely reflected concern that the Democrats swept into office in recent years, including President Barack Obama, would curb the right to bear arms.”

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“The Ravens gambled by signing some players with troubled past like running back Ricky Williams and offensive tackle Bryant McKinnie, but they did their homework as far as background checks.

They were pretty extensive. ‘It’s just like the draft,’ said Ravens general manager Ozzie Newsome. ‘We do a lot of research. We talk to teammates. We talk to coaches who’ve coached them. I get a chance to talk to personnel people about the players and we’re able to call the league. We ask the league where they are in the drug and conduct program. We have the ability to call the league and get that information from them’

‘With Bryant — one of John’s [head coach John Harbaugh] best friends is Brad Childress’ said Newsome. ‘Now that Brad is out of Minnesota, he can give us information that you probably couldn’t get from anyone else and now you have a head coach talking to a head coach. When you get that type of information and he has no skin in the game, you’re going to get the good and the bad. You also can get a recommendation because he knows our team from playing against us.’”

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 Source:  Baltimore Sun

“Augusta County schools now will ask volunteers to provide criminal background information before letting them into classrooms.

The school board voted to change a policy that allowed an individual school to adopt its own volunteer form, to instead specify a standardized system-wide form used by all schools that requires volunteers to list any felony, misdemeanor or complaint to Child Protective Services they’ve had lodged against them.

Superintendent Chuck Bishop said school officials took another look at their policy after an incident in Staunton last fall when the school officials received complaints that a man participating in a volunteer program at Bessie Weller Elementary School had a felony record of drug distribution and firearm possession. The incident prompted Staunton schools to tighten its policy and require volunteers to list any previous convictions.

Augusta County now is following suit. Waynesboro officials would not return repeated calls to outline its policy.

‘Safety and security is a top priority for us,’ Bishop said.

Augusta School board Chairman Nicholas Collins said tightening security can’t hurt.

Although Augusta County has not had an incident arise from a parent or community member volunteering in the schools, Bishop said they’re trying to be proactive.

After researching volunteer policies and forms used by other school systems, the school board voted to adapt a version used by Henrico County.

The Augusta form asks volunteers to list any previous employment with Augusta County schools, volunteer experience, availability and criminal background.

Each school will process the applications, checking the person against the sex offender registry, and consulting with the school’s resource officer. “

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 Source:  Newsletter.com

“Citing a recent U.S. Department of Homeland Security report that found insider sabotage at electric, gas, and water utilities was a significant threat to U.S. national security, Schumer said al Qaeda was known to be recruiting extremists to infiltrate and work in sensitive areas such as utilities.

‘Power plants and utilities present a tempting and potentially catastrophic target to extremists who are bent on wreaking havoc on the United States,’ Schumer said.

‘Thorough background checks on all workers with access to the most sensitive areas of these operations are a must,’ he said, calling the DHS report ‘a wake-up call that we must ensure those with access to our most critical infrastructure — and our power supplies — are not compromised by extremist influences.’

Currently only nuclear power plants are required to conduct FBI background checks on employees with unescorted access to facilities.

The New York Democrat said he would introduce legislation making it mandatory for all major utilities and critical infrastructure plants to run FBI background checks on workers with access to sensitive areas within utilities, when Congress reconvenes next month. “

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 Source: Reuters

“Limiting criminal background checks by employers as a way to speed hiring and cut unemployment will lead to unsafe workplaces, a national business group said as the U.S. weighs restrictions on the practice.

“We understand the frustration some have in finding employment, especially in a time of national economic stress,” the National Retail Federation, the world’s largest retail trade group, told the Equal Employment Opportunity Commission today in a letter. “Attempts to ease unemployment frustrations” shouldn’t “come at the expense of keeping people and business safe from physical and financial harm.”

The commission is considering revisions to guidelines on criminal background checks, which took effect in 1987 under President Ronald Reagan. The agency might bar employers from using old arrest or conviction records when reviewing an applicant. The agency held a hearing today on arrest and conviction records as a barrier to employment.

Since the rules took effect, “many employers are routinely excluding all job applicants with criminal records from consideration, no matter how minor or dated their offenses,” said Maurice Emsellem, policy co-director of the National Employment Law Project. “Many employers have gone way too far, shutting out highly qualified applicants.”

Commissioner Stuart Ishimaru said criminal checks have a “disparate impact on certain groups.” Unemployment among blacks is 16 percent, according to the New York-based National Employment Law Project. The U.S. jobless rate in June was 9.1 percent, the Labor Department reported. “

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 Source: Bloomberg

“Most business owners don’t deliberately discriminate against people; they are more focused on getting the right person for the job quickly and efficiently. However, it is the unintentional discrimination caused by certain recruiting practices that can lead to legal claims.

Depending on the number of employees in your company, state and federal laws prohibit discrimination against “protected classes.” These classes include age (over 40), race, color, religion, national origin, gender, familial status, disability, veteran status and genetic information.

Pregnancy is also protected; there are county and city ordinances to be aware of as well. The U.S. Equal Employment Opportunity Commission is the federal governing body and is responsible for monitoring claims.

Here are 5 suggestions to help you avoid the appearance of discrimination when recruiting.

• Review the employment application — Make sure the information requested is a requirement of the job. Avoid asking for information that might give the appearance of discriminating against protected classes. For example, if your application asks for the year of high school graduation, you’ll have an idea of that person’s age, which could raise the question of age discrimination.

• Keep decision makers separate from identifying documents — Businesses often need birthdates for background checks and larger businesses need to track information on protected classes for EEOC purposes. The EEOC recommends using separate forms the hiring manager won’t see to avoid the appearance of discrimination.

• Think twice about checking social media — Many recruiters are checking Facebook, Twitter or other sites hoping to find information not provided on the resume. However, this information can include race, family status, and pregnancy. Once you have that knowledge, it can’t be unknown.

• Be careful what you ask — Prepare interview questions before hand so you can avoid potentially discriminatory questions. “Do you have a car?” can have a greater adverse impact on minorities and women, so unless a car is a requirement of the job you want to avoid that line of inquiry. Consider why you’re asking. Is it for punctuality? Phrase your question accordingly; for example, “We require everyone to be here promptly at 8 a.m. Does this pose a problem for you?”

• Provide a job description as part of the interview — You can use the description as a basis for your interview questions and the applicant knows exactly what is required. If a person with a disability can’t perform one of the tasks with or without reasonable accommodation, it would come to light without the recruiter having to ask directly.

Being sensitive to unintentional discrimination will not only help you get the best person for the job, it will also help you stay in compliance with laws designed to reduce discrimination in the workplace. “

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 Source: Tallahasee.com

“The Equal Employment Opportunity Commission is holding a hearing today on an important topic for companies: Can they consider job applicants’ criminal histories in making hiring decisions?

The hearing will examine the law governing background screening and consider the extent to which individuals with arrest and conviction records face barriers in getting hired.

The hearing comes at a time in which an increasing number of employers are seeking criminal background checks out of security concerns, according to this item in the Washington Post’s Federal Eye blog.  And some advocates, the Post reports, are pushing for legislation that would require certain employers to perform criminal background checks.

But the EEOC, as we noted in this earlier post, has in the past expressed concern that companies may improperly discriminate against minorities, who have been arrested at a disproportionate rate, when they screen out job applicants with criminal records.  The agency has even sued some companies, alleging they have used arrest records improperly.

So, is background screening fair game for employers?

Paul Evans, a partner at Morgan, Lewis, offered the Law Blog some thoughts on the topic. “Employers have legal obligations to protect the safety of their customers and employees,” he said.  Criminal record checks “allow employers to meet these obligations by ensuring that individuals with violent histories are not hired into roles, such as in-home service technician roles, that provide them with private access to customers and employees.”

Companies, he added, typically do not implement blanket prohibitions against hiring applicants with a criminal record. “In my experience, employers have well-reasoned criminal record check policies tailored to the jobs for which they are hiring,” Evans said.

An EEOC spokeswoman told the Law Blog that the agency is concerned that the employers may be prone to weed out applicants who have long-ago arrests that never led to a conviction. “It is of great concern to us that inaccurate information might be used to deny people employment,” she said. “This is also an economic concern for communities, because if ex-offenders are not given jobs the chances are that they may re-offend,” she added. “

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 Source:  Wall Street Journal

A new state law in New Jersey requires Board of Education members  to undergo background checks. An article in NorthJersey.com has the details:

“Board of education members statewide will be fingerprinted in the coming weeks to comply with a new state law that requires they undergo a criminal history check.

The state Department of Education has sent procedures to school districts, and is urging trustees to get the digital fingerprints done as soon as possible, said Faith Sarafin, spokeswoman for the department.

“There is no new deadline set because of the volume that is to be processed. However, board members cannot just ignore initiating the process,” said Sarafin. “At some point, the DOE will have to identify anyone who has not done so because it is required in order to serve.”

Several North Jersey school district officials, including those from Maywood, Ramsey, Tenafly, and Passaic Valley Regional High School have distributed the instructions to board members, and a few have also passed resolutions saying the district will absorb the cost of the checks. Some board members are already setting up their appointments to be fingerprinted.

Joseph Licata, president of the Lodi Board of Education, said he filled out registration forms on a website and scheduled an appointment as soon as he received the paperwork. He will be fingerprinted on Friday.

There are 4,500 to 5,000 board members serving in New Jersey. So far, 29 people are in the process of getting their background checks completed, Sarafin said. Once fingerprints are scanned by MorphoTrak, the vendor contracted by the state to perform the service, they are sent to the New Jersey State Police and the federal government for review.

When the review is complete, applicants will receive an approval, or if they are found to have been convicted of certain crimes, a disqualification letter. The district’s board will then be notified if a board member must surrender his seat.”

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 Source: NorthJersey.com

“Social Media background checks are here to stay, approved by the FTC and increasingly adopted by corporations as a way to screen applicants. The good news is that you need to be a pretty big jerk to flunk one.

A social media background check is a little more sophisticated that checking your Facebook account, but not much. Basically, after you apply for a job at a company, the company–with your permission–hires another company to check you out on the web.

Having the third company check you out on the web is an important part of the process. Employers can’t discriminate on the basis of race, religion, age, sexual orientation and so forth. But if the company does the background check on the web itself, that photo of you with your church group marching in the Gay Pride parade is going to put them in a seriously bad position. If they don’t hire you, you can claim it’s because of that picture.

A social media background check is generally looking for truly evil or illegal activities. These include aggressive or violent acts, unlawful activity, racist statements and sexually explicit activity. They don’t care about that picture of you and your friends sucking down margaritas, as long as you aren’t doing it at a KKK rally.”

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 Source: ThirdAge