Background Checks for Volunteers: The Case for Comprehensive Searches Over State-Required Minimums

A recent situation in a southern Florida school district has local governments and surrounding organizations questioning the effectiveness of their current volunteer screening programs for positions that directly interact with children.

South Florida’s Broward School District is reconsidering background screening requirements for volunteer and school-related committee members after discovering a member of one committee had a 30-year-old murder charge on her record from a different state. The mark on her record was discovered through an article in the British publication The Daily Mail, making the district aware that the “Level 2” screening being administered for individuals who volunteer with kids on school campuses was limited to statewide searches, effectively allowing an out-of-state murder conviction with time served to slip through the cracks.

The incident at the Broward School District is a perfect reminder that state-required screening expectations for volunteers are a baseline, and that individuals applying for volunteer positions that grant direct access to vulnerable populations or sensitive information may require additional screening. Although no law currently exists at the federal level that requires background checks for all volunteers across all industries and organizations, specific programs may implement background screening for volunteers for multiple reasons, including:

• Meeting conditions for funding programs and grant acquisition
• Providing an added layer of protection for vulnerable populations
• Minimizing incidents and liability exposure

For volunteer positions that involve sensitive groups like children, the elderly, and medical patients, enhancing screening beyond legal requirements can help ensure staff and visitors are safe, keep the organization compliant, and prevent red flags from slipping through the cracks. Keep reading as we review state requirements for volunteer screening and reflect on considerations and guidelines for building and sustaining comprehensive, effective volunteer screening policies and practices.

Volunteer background screening legal framework

There is a complex balance among federal, state, and sector-specific regulations governing volunteer screening, determined by factors such as organizational type, funding sources, and populations served.

Although no universal regulations exist for volunteer background screening, specific industries or funding programs may enact certain requirements that regulate components such as:

• Scope and depth – Pennsylvania’s Department of Human Services requires volunteers to submit (1) a PA Child Abuse History Certification, (2) a Pennsylvania State Police Criminal History Record Check, and (3) a DHS fingerprint-based federal background check, OR a written statement swearing and affirming they're not disqualified from service or have not been convicted of a relevant offense.
• Determining disqualifying offenses – Texas' Department of Family and Protective Services provides a background check handbook that includes guidance for volunteers and interns; section 7340 Ineligible/Bar for Incomplete Background Checks specifies what determines an ineligible background check result.
• Handling report results and personal data – Several states have independent data privacy laws that apply to background screening; volunteer screening conducted by a consumer reporting agency (CRA) should comply with the state’s data privacy laws.

Additionally, when these background checks are conducted through a CRA, the same consent, authorization, and notice requirements guiding employment screening may also apply.

Legal consequences of negligent volunteer screening

There are multiple types of liability that institutions face in the wake of a failed volunteer screening, whether the issue arises in the screening process itself or after the individual has been granted the position:  

State-specific screening requirements

Each state has its own requirements for volunteer screening, and organizations must follow the regulations of the jurisdiction in which they operate. Organizations operating in multiple states would be subject to multiple legal consequences for violations of each jurisdiction’s requirements. It’s also important to remember the labels ‘mandated’ and ‘optional’ when determining which guidelines apply to your sector and specific organization. A prerequisite in one state could be optional or case-by-case, while in another state, it’s required across the board with no exceptions. Be sure to familiarize yourself with the legal requirements in all states where your organization operates.

Considerations for administering comprehensive volunteer background checks

Establishing Parameters: An effective volunteer screening program starts with developing and documenting policies and procedures. These policies should clarify:

• Which positions require screening
• The scope and depth of screening for each position
• Disqualification criteria
• Pre-adverse action and adverse action steps
• Procedures for securely obtaining and storing data
• Cadence of recurring screening, if applicable
• Youth-serving organizations like schools, childcare programs, sports leagues, religious youth groups, and educational programs
• Healthcare and eldercare services
• Physical and mental developmental/disability programs

Cost and Resource Allocation: To effectively allocate screening costs and resources where they’re needed most, identify which positions require more clearance and have more unsupervised interactions with vulnerable populations, and focus on adjusting screening standards accordingly. These positions typically fall under:

You can also consider a tier system based on risk factors to further pinpoint crucial positions, like this sample categorization below:

Unique Factors: Be aware that certain sectors or organizations may implement special exemptions and modified requirements, like faith-based and community organizations. While typical screening may not factor in religious worship and ministry activities when evaluating an applicant, there are relevant factors for organizations such as faith-based schools, childcare programs, and community service initiatives to consider. Alternatively, religious organizations may be exempt from certain legal requirements within their jurisdiction.

Granting Peace of Mind: Partnering with a trusted background screening provider can help organizations ensure they comply with legal protocols and apply the most relevant and effective screening parameters for each volunteer. Additionally, the credibility and dependability that comes with a certified background screening establishment will give volunteers peace of mind that their personal data is secure and being handled by trusted experts, ultimately improving your organization’s reputation.

Organizations are responsible for ensuring all individuals representing them are safe and qualified to participate in their practices and interact with their populations, and volunteers are no exception. Volunteerism is often associated with youth-oriented programs or medical-based sectors, making background screening necessary to ensure the safety of vulnerable parties and maintain an organization’s positive reputation.

Ready to make sure your program’s volunteers are up to your organization’s standards? Contact our experts to see how we can help you effectively, thoroughly screen volunteers.