Legal Focus

On July 1, 2015 House Bill 1276 was passed and signed into law as Act 15 of 2015 updating the Child Protective Services Law (CPSL) regarding the timing and portability of background checks for employees who have direct contact with children. This amendment to the CPSL makes important changes to coordinate with Pennsylvania’s Public School Code of 1949.

On October 22, 2014 Governor Corbett signed HB 435 of 2103, as amended, into law as Act153. This amendment to Pennsylvania’s Child Protective Services Law, 23 Pa.C.S. § 6301, et seq, (CPSL) expands background clearance requirements to include volunteers who will have contact with children (among other changes applicable to adoptive/ foster parents). Volunteer clearances are required by July 15, 2015 but the new law does not explicitly define the “employers, administrators, supervisors, or o...

In 2011, changes to 24 P.S. § 1-111 (Act 24) were passed tightening the state’s qualifications for certain employees working with or around children by expanding the list of disqualifying offenses and by making those convictions a lifetime ban as opposed to a short term (five year) restriction. Since that time the Commonwealth Court of Pennsylvania has issued several opinions holding that the modified statute was “unconstitutional as applied” in several cases but has not held that the words o...

Recent changes to the Pennsylvania Public School Code tightened the state’s qualifications for school bus drivers by expanding the list of disqualifying offenses and by making those convictions a lifetime ban as opposed to a short term (five year) restriction on working as a school bus driver. This article explains the changes and gives some practical advice about the Decem-ber 27, 2011 self-reporting deadline and dealing with affected drivers.

Hiring good and reliable employees is a big challenge – good inter-view, good qualifications, clean criminal background check – uh, oh – your best candidate was con-victed of shoplifting 25 years ago, or charged with assault 10 years ago, what if the was just arrested, but not convicted… and what is a non-conviction anyway? Improper use of criminal background infor-mation in hiring decisions can make the employer liable for fines, damages, and attorney’s fees. Following is some information ...