Conducting
Background and Character
Investigations
Under P.L. 101-630
Human Resources
Get your HR certificate and upgrade your credentials. 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? The answers lie in
effective background investigations of
potential employees. Such background
checks are mandated by the Indian
Child Protection and Family Violence
Prevention Act (P.L. 101-630), which requires
that a character investigation be
conducted on anyone in a position that
involves contact with children.
In this two-day class, an experienced
investigator will guide you through the
interviewing and background check
process and help you master the skills
necessary to detect deception or other
behavior that could jeopardize children’s
safety. This course will be an invaluable
tool for protecting your organization
and the individuals it serves.
Topics that will be covered include:
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
Background Investigations
- Purpose
- Screening
- Scope and coverage
- Interviews and record checks
- Technology
Establishing Minimum Standards of Character
- Trustworthiness and stability
- Past performance
- Misdemeanors/felonies
- Federal requirements
- Positions that may be affected by regulations
Defining “Crimes Against Persons”
- Felonies and misdemeanors
- Issues regarding local criminal codes and statutes
- Dealing with ambiguous situations
Determining Suitability
- Evaluating risk
- Past crimes against people
- Results of background investigations
Adjudication
- Qualifications and training of adjudication officials
- Protecting interest of employer
- What cases go to the adjudication official?
- Appeals to adverse findings
- Employee or applicant privacy
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Disqualification Factors
- Tribe’s right to establish
- Application process
- Current conduct
- Criminal conduct
- False statements
- Substance abuse
Sources of Information
- Electronic databases
- Federal agencies
- State directories
- Commercial sources
- Crime registries
- Clearances through the National Crime Information Center (NCIC)
- Federal courts
Interviewing Guidelines
- Developing a plan of action
- Putting applicants at ease
- Selecting questioning techniques
- Staying in control
- Interpreting responses
- Recognizing deceptive responses
Interview Forms
- Applicant interview
- Personal reference/neighbor interview
- Supervisor/co-worker interview
Making Your Decision
- Tribal rights to adjudicate
- Tribal vs. federal standards
- Liability issues
- Fair and uniform approach
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