Fact Sheet

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National Child Protection Act
FBI National Record Check

(For Vermont Agencies Only)

Introduction:

In 1993 the National Child Protection Act authorized a national criminal record check to be conducted on employees and volunteers that care for children. In 1994 the National Child Protection Act was amended, authorizing national criminal record checks to be conducted on employees and volunteers that also care for the elderly and individuals with disabilities. As of March 2002, VCIC will conduct national criminal record checks on employees, volunteers, or contractors of qualified entities.

Qualified Entity Application:

If you think you are qualified entity you should apply in writing to the VCIC to be officially recognized as a qualified entity. Application letters should be on letterhead stationery and should explain how you, your business, or your agency meets the definition of a qualified entity. A qualified entity is defined as an individual, business, governmental agency, or organization, whether public, private, for-profit, not-for-profit, or voluntary whose employees, contractors, or volunteers provide care or care placement services for vulnerable populations. Providing care for vulnerable populations means the provision of care, treatment, education, training, instruction, or supervision to children, the elderly, or individuals with disabilities. The entity's PRIMARY function must be to provide care to vulnerable populations. It is important to note that the employee, volunteer, or contractor to be backgrounded does not have to be a caregiver-only that the person be employed by or volunteer with a qualified entitiy.

User Agreement:

The User Agreement specifies the conditions under which criminal record information will be released to the qualified entity. You may download and complete the User Agreement using the Microsoft Word link. You may also print the User Agreement using the Adobe Acrobat format and then complete it manually using a pen or typewriter. Keep a copy of the signed User Agreement for your files. A new User Agreement must be signed whenever there is a change in the signatory. Agencies that have a User Agreement on file with VCIC do not need to complete a new User Agreement in order to participate in this program.

Billing Agreement:

The MOU Billing Agreement establishes an agreement between your agency and the Department of Public Safety for billing purposes. DPS will bill your agency once a month for the criminal record checks requested by your agency for the previous month. Billing will occur each month on the 5th day of the month. Payment in full is expected within 30 days of the invoice. In the event that payments are not made in a timely fashion, VCIC reserves the right to discontinue processing record checks until such time as outstanding accounts are paid.

Forms:

You must fill out a record check release form and fingerprint authorization certificate for every applicant for whom you will request a fingerprint supported nationwide criminal record check.
You may download and complete the record check release form and fingerprint authorization certificate using the Microsoft Word link. You may also print the forms using the Adobe Acrobat format and then complete them manually using a pen or typewriter.
Record Check Release Form: You will keep the record check release form on file at your agency for audit purposes.
Fingerprint Authorization Certificate (FAC): This form must be filled out completely by the applicant, and then signed by an agency staff person. The Applicant MUST bring the FAC with them to the Identification Center when they are fingerprinted. If the applicant does not bring this form with them to their fingerprinting appointment – FINGERPRINTS MAY STILL BE TAKEN – but they cannot be used for the NCPA record check.

Record Check Fees:

The fee for a fingerprint supported record check for a volunteer in your agency is $15.00. The fee for an employee is $16.50. This amount should be paid to your agency by the applicant. (Your agency may reserve the right to pay the fee on behalf of the applicant.) The Department of Public Safety will bill your agency for this record check the month after the record check is completed.

Getting Fingerprinted:

The applicant must have his or her fingerprints taken at an Identification Center. The applicant MUST bring their fingerprint authorization certificate with them to their fingerprinting appointment. There is up to a $25 fingerprinting fee payable to the Identification Center at the time the service is rendered. For more information on Identification Centers, go to Fingerprint Identification Center Information.  The Identification Center will keep the FAC and mail it to VCIC for processing, and issue your applicant a payment receipt. You may ask your applicant to provide you with a copy of his/her payment receipt as proof that they have been fingerprinted.

Dissemination Log:

Download and print a copy of the online Dissemination Log Form. All criminal record requests must be logged by recording the information indicated on the Dissemination Log. Qualified entities may record each of their requests for criminal record checks using the online Dissemination Log format or they may record their requests using a different format or database application as long as the same information is recorded. The qualified entity may include additional information beyond what is required by VCIC in their log if they wish. The Dissemination Log is to be maintained at the qualified entity. The Dissemination Log is required in order to facilitate auditing by VCIC.

Responses:

Your agency will receive a nationwide criminal record check response from VCIC in 2 – 3 weeks from the date the applicant was fingerprinted. Your agency personnel must marry the response with the record check release form and keep both documents on file in a confidential file for 3 years.
Auditing
In order to insure that qualified entities are only requesting record checks to which they are entitled by law, VCIC conducts audits of qualified entities in one of two ways:
                1. comparing samples of the qualified entity's Dissemination Log with the Dissemination Logs at VCIC; and
                2. comparing a sample of the qualified entity's personnel files with the Dissemination Logs at VCIC. VCIC may also conduct site visits or mail surveys to verify that qualified agencies are complying with the terms of their User Agreement.

Additional Information:

For additional information, please call the Vermont Criminal Information Center at 802-241-5157.