Criminal History Checks, Barrier Crimes
and Character Investigations
Alaska Native Organizations, hosted by
||March 5 - 6, 2018
The class will be held at Alaska Native Tribal Health Consortium - 3900 Ambassador Dr.
The closest hotel is SpringHill Suites Anchorage University Lake (907-751-6300)
This class can be counted toward the maintenance of your Indian Country Human Resource Certification. Click here or
call 1-800-992-4489 for details.
How confident are you with your organization’s hiring practices? Will they detect potential “problem employees” and protect your children from harmful individuals? Are they so stringent that you are ruling out potentially valuable candidates—people who made a mistake years ago and would now would serve the community best by being gainfully employed? The answers lie in effective background investigations of potential employees.
Tribes or tribal organizations receiving 638 funds under the Indian Self-Determination and Education Assistance Act or Tribally Controlled Schools Act, and whose employees or agents have regular contact with or control over Indian children, must comply with the Indian Child Protection and Family Violence Prevention Act, 25 USC sec. 3201 et seq. This requires conducting extensive background checks and character investigations of personnel. Additional similar requirements may apply as a result of the federal Head Start Act or Crime Control Act.
In Alaska, organizations or entities that are licensed, certified, or eligible to receive payment from the Alaska Department of Health and Social Services must also comply with extensive criminal history and background check requirements found in the Alaska Barrier Crime Standards and Prohibitions, Alaska Statute 47.05.310 et seq.
This class will provide detailed information about these requirements to make sure your organization is in compliance and that your risk is minimized.
|T O P I C S I N C L U D E
|P.L. 101-630 — Indian Child Protection and Family Violence Prevention Act
- Overview and guidelines
- Minimum standards of character
- Determining suitability
- Applicability to P.L. 93-638 — Indian Self-Determination Act
- Positions that require background checks
- Responsibility to conduct investigations
- Rights of employees and volunteers
Establishing Minimum Standards of Character
- Scope and coverage
- Interviews and record checks
Defining "Crimes Against Persons"
- Trustworthiness and stability
- Past performance
- Federal requirements
- Positions that may be affected by regulations
- Felonies and misdemeanors
- Issues regarding local criminal codes and statues
- Dealing with ambiguous situations
- Evaluating risk
- Past crimes against people
- Results of background investigations
- Qualifications and training of adjudication officials
- Protecting interest of employer
- What cases go to the adjudication official?
- Appeals of adverse findings
- Employee or applicant privacy
Sources of Information
- Tribe’s right to establish
- Application process
- Current conduct
- Criminal conduct
- False statements
- Substance abuse
- Electronic databases
- Federal agencies
- State directories
- Commercial sources
- Crime registries
- Clearances through the National Crime Information Center (NCIC)
- Federal courts
- Developing a plan of action
- Putting applicants at ease
- Selecting questioning techniques
- Staying in control
- Interpreting responses
- Recognizing deceptive responses
| Interview Forms
Making Your Decision
- Applicant interview
- Personal reference/neighbor interview
- Supervisor/co-worker interview
BIA and IHS Regulations
- Tribal rights to adjudicate
- Tribal vs. federal standards
- Liability issues
- Fair and uniform approach
State of Alaska Department of Health and Social Services (DHSS)
- Determination of suitability for employment
- Minimum standards of character
- Which positions require a background investigation?
- What questions should an employer ask?
- Role of the adjudicating official
- Rights of the applicant
- Who is subject to DHSS barrier crime standards and prohibitions?
- Title 47 of the Alaska Statutes
- Notification and monitoring requirements
- Alaska Administrative Code (ACC) Title 7 regulations
- DHSS provisional valid criminal history check
- Request for a variance
- Termination of association
*Topics subject to change.