The amendment clarifies and revises parts of Act 153, including an exemption for most employees of institutions of higher education and a revised periodic recertification requirement of 60 months (rather than every 36 months as previously required).
Effective immediately, the law exempts employees of institutions of higher education whose direct contact with children, in the course of employment, is limited to either: A) prospective students visiting a campus operated by the institution of higher education; or B) matriculated students who are enrolled with the institution. The law defines “matriculated student” as “a student who is enrolled in an institution of higher education and pursuing a program of study that results in a postsecondary credential, such as a certificate, diploma or degree.” However, the language of the exemption only refers to employees, so volunteers in institutions of higher education who have “direct volunteer contact” with children will continue to be subject to the certification requirements (except student volunteers who are also exempt by the law).
The law also reduces the burden of the certification requirements on volunteers by narrowing the scope of volunteers subject to the requirement. The law now only requires volunteers who are responsible for a child’s welfare or have “direct volunteer contact” with children to obtain the background certifications. “Direct volunteer contact” is defined as “the care, supervision, guidance or control of children and routine interaction with children.” “Routine interaction” is defined as “regular and repeated contact that is integral to a person’s employment or volunteer responsibilities.” The law provides a waiver for volunteers, making both the state criminal history check and child abuse clearance free (eliminating the previous $10 fee per check). The law also adds a provision that creates a presumption of good faith when organizations are identifying which volunteers are subject to the certification requirements.
Finally, the law revises the recertification requirements, requiring employees and volunteers to obtain new certifications every 60 months instead of every 36 months. Employees who have a current certification that was issued prior to the effective date of the law must obtain the certifications within 60 months from the date of the person’s oldest certification, and employees who do not have a certification or who were previously not required to have a certification must obtain the certification by Dec. 31, 2015. Volunteers who do not have a certification or were previously not required to obtain a certification have until July 1, 2016, to satisfy the requirements.
Posted: July 27, 2015