Child Care-Compact

PRESIDENT CLINTON SENDS NATIONAL CRIME PREVENTION AND PRIVACY COMPACT TO CONGRESS October 23, 1997 Today, President Clinton transmitted the National Crime Prevention and Privacy Compact to Congress. The compact will facilitate effective background checks on child care providers by eliminating state law barriers to the sharing of criminal history information for purposes other than ongoing criminal investigations. The vast majority of child care providers are caring people who have dedicated their lives to teaching and nurturing children. But one tragedy in child care is too many, and background checks are one important way to ensure that the people watching our children are fit for this responsibility. Current Limitations on Information. Many states currently have laws prohibiting release of criminal history records for purposes other than ongoing criminal investigations -- such as in connection with background checks for employment or licensing. This means that a child care agency wishing to do a nationwide check to determine whether a potential child care worker has a criminal history will not be able to gain direct access to all states' records but instead must go to the FBI for information. FBI records, however, are not nearly as complete as states' own records because state reporting of criminal dispositions to the FBI is wholly voluntary. In addition, FBI checks can take weeks or months to complete because of the total volume of FBI records and the FBI's nationwide criminal responsibilities. Effect of the Compact. Under the compact, each ratifying state would agree to release its own criminal history information to other ratifying states for any purpose authorized by the receiving state's law. This means an agency wanting to do a nationwide check for a purpose authorized by state law need not rely on incomplete FBI records, but may gain access directly to other states' complete criminal records. The only role played by the FBI would be to give the requesting agency a list of the states in which the individual has a criminal record (information which the FBI would have in complete form), SO that the agency can access those states' records directly. In this way, the compact will vastly increase the effectiveness and efficiency of nationwide criminal background checks. One Step in Ensuring Safety of Child Care. A background check is only a first step in assuring that our children are cared for safely. Many people who are unsuited to be child care providers are never arrested or convicted of a crime; most child abuse cases, for example, are not prosecuted in criminal court. A recent study by the American Bar Association's Center for Children and the Law found that personal interviews and reference checks are essential tools in checking the credentials of caregivers.