GINGERBREAD NURSERY SCHOOL CRIMINAL REFERENCE CHECK POLICY Date Effective: May 27, 2016

Transcription

1 GINGERBREAD NURSERY SCHOOL CRIMINAL REFERENCE CHECK POLICY Date Effective: May 27, 2016 In the interest of hiring staff and recruiting volunteers with the personal and professional qualifications essential to ensuring quality child care, Gingerbread Nursery School will include criminal record checking as part of the hiring/recruiting process for all positions within the Centre. This information will be acquired only for candidates to whom a conditional offer of employment/volunteering has been made. At the commencement of each school year, all returning staff and volunteers will be required to execute a Volunteer Offence Declaration certifying the absence or presence of convictions under the Criminal Code since their last Criminal Reference Check was conducted. Current employees and volunteers of the Nursery School will be required to submit to a new Criminal Reference Check when offered a new position within the school (for example, an Early Childhood Education (ECE) teacher who is offered a position as a Supervisor), unless a Criminal Reference Check was completed within the preceding twelve (12) months. Board Members will not be required to have Criminal Reference Check conducted. Board Members will not have direct contact with the children. Parent/Guardian (s) who attend field trips will be deemed to have responsibility for their own children and will not have direct contact with the other children. Any parent/guardian (s) who work in the program on a paid or volunteer basis, and who have direct contact with the children will be required to have a Vulnerable Sector Check done. The successful candidate is responsible for the cost of securing the Criminal Reference Check however; Gingerbread Nursery School may decide to cover the costs. Purpose The Ministry of Community and Social Services guidelines state:...criminal reference checking is a precautionary measure designed to ascertain whether certain groups of employees...have a record of criminal convictions which would make them unsuitable for positions of trust (i.e. sexual assault, drug trafficking). Such checks assist the Ministry in attempting to ensure the safety and well-being of those for whom it has the responsibility to provide or ensure proper care. Effective March 1, 1995, a Criminal Reference Check must be a condition for all new employees and volunteers, prior to their appointment. Positions Affected All full-time and part-time staff Volunteers, if any, who might be left alone with the children at any time Any employees or volunteers who were hired before March 1, 1995, however, are not required to supply a Criminal Reference Check. Volunteers, staff and/or students under 18 years of age are required to provide two positive reference letters from persons over 18 years of age, and will not be left alone with children at any time, and cannot accompany children to the washroom without a staff member in attendance

2 VULNERABLE SECTOR CHECK PROCEDURES Vulnerable Sector Checking is a mandatory measure designed to ascertain whether employees providing direct service to the children in the Nursery School have a criminal history, which could potentially make them unsuitable for certain positons of trust, Gingerbread implements it on this basis and considers it one important component of our overall hiring criteria for staff. All candidates will be advised of the requirement of the Criminal Reference Check during the interview. If a conditional offer is made, the successful candidate will sign a form consenting to the Criminal Reference Check ( Consent to Disclosure Form ). For Durham Region residents 1. You can pick up the Police Vulnerable Sector Check (blue form) at any of the Divisional Buildings, Monday to Friday, between 8 a.m. and 5 p.m. The main processing centre is located at Durham Regional Police Headquarters 605 Rossland Road East, 3rd floor Whitby, Ontario L1N 0B8 2. It will only take a few minutes to fill out the forms and submit them at any divisional building. 3. Gingerbread Nursery School will provide you with an official letter with your name and a brief synopsis of your duties so that you will be offered the volunteer rate of $20 for the police check. 4. The Durham Regional Police will complete the Criminal Reference Check (which is a two [2] week process) and will forward information concerning the results of the search by mail directly to the candidate. 5. You will make a copy for yourself and bring the original to Gingerbread Nursery School as soon as you receive it. The Criminal Reference Check Vulnerable Screening Sector Check will INLCUDE: Criminal convictions in Canada and summary convictions over the past 5 years Findings of guild under the YCJA within the standard disclosure period Pending entries such as charges or warrants Judicial Orders Probation Orders Absolute and Conditional Discharges within the disclosure period (1 and 3 years respectively) NCR by reason of mental disorder Non-convictions in exceptional cases All record suspensions as authorized for release by the Minister of Public Safety The Criminal Reference Check Vulnerable Screening Sector Check will EXCLUDE: Convictions under Provincial Statutes Local police contact MTO Information Family Court Restraining Orders Any reference to incidents involving mental health contact YCJA information beyond the applicable disclosure period

3 For Toronto residents 1. Gingerbread Nursery School already has established a Criminal Reference File with the Toronto Police Services. We will provide you with the necessary forms and we will mail them directly to the Toronto Police Service. Located at: Toronto Police Headquarters 40 College Street, 4 th floor, Toronto, Ontario M5G 2J3 2. All potential candidates will be informed of the Criminal Reference Check and sign the information release consent for both Gingerbread and the Police. 3. The Toronto Police Services will inform the applicant directly. If a flagged pardon sex offender record is found, please be aware that you will be required to submit fingerprints in this event (Bill C-7) to substantiate this information. 4. In addition to reporting on any criminal convictions made under the Criminal Code, the police Reference check goes further and can include records of voluntary and involuntary apprehensions and transfers to a mental facility, incident reports, charges or having been a victim, suspect or witness to an occurrence. 5. The Toronto Police Service (TPS) will complete the Criminal Reference Check (which is a six (6) to eight (8) week process) and will forward information concerning the results of the search by mail directly to the candidate. 6. Volunteer Vulnerable Sector Screening Check is $20 The Criminal Reference Check will consist of a check through the Canadian Police Information Computer System (CPIC) (which includes Investigative, Intelligence and Identifications data banks and Service data banks) for the following information: Criminal convictions Outstanding criminal and provincial statute warrants Outstanding charges before the courts (including charged entries, including conditional release information) Missing person and/or elopee information Probation information (including peace bonds, restraining orders and reporting conditions) Any prohibitions (including firearms, driving, hunting and boat) Federal and provincial parolee information, and information relating to whether the candidate is suspected of committing a criminal offence or are involved in a serious criminal investigation Refused information (including firearm acquisition certificates) Special interest police information (including persons who have attempted to commit suicide whether in or out of police custody; persons who are known to be violent towards the police, themselves or other persons; and persons who are foreign fugitives where no warrant is available or the fugitive is not arrest-able in Canada) Persons of interest (including persons who are suspected of committing criminal offences; persons involved in a serious criminal investigation; and persons who feel they are in danger of family violence) Criminal record information Special address information (information pertaining to addresses involved in criminal activity or domestic situations) Non-indictable information Note: if, in the future there is any position where children will be passengers in a vehicle driven by the employee/volunteer, a driving record check will also be required.

4 In addition to the above categories of records, Service databases also document contacts that the candidate has had, if any, with the Service under the Mental Health Act; specifically there are provisions under the Mental Health Act according to which police officers may apprehend a person and take them to the hospital for assessment by a medical professional. When police apprehend someone under the Mental Health Act, this is noted in the police database. The Toronto Police Service does not, however, disclose contact, if any, that the candidate has had with the Service pursuant to the Mental Health Act as part of the Criminal Reference Check, unless Gingerbread Nursery School specifically requests such information and certifies to the Service on the Consent to Disclosure Form that the information is required by the Centre to properly complete its evaluation of the candidate s suitability for the position. Gingerbread Nursery School will request this information when filling positions which require the candidate: To exercise a supervisory function in the program (i.e. bear overall responsibility for a group of children, which includes responsibility for planning and directing the group s activities, and monitoring and reviewing the children s experiences in the program); or To be routinely alone with children without the presence of another adult for a significant segment of the program. Positions at Gingerbread Nursery School that require these functions include: Supervisors Early Childhood Education (ECE) teachers and supply teachers Note: candidates for these positions will be asked to sign a Consent to Disclosure Form that requests information with respect to whether the applicant has been apprehended under any provision of the under the Mental Health Act. The candidate may start to work before a Criminal Reference Check response is received but it will be made clear on the contract that their position is conditional on a negative Criminal Reference Check. Candidates will not be left alone with the children until there has been a satisfactory outcome of the Criminal Reference Check process. Any information obtained from the candidate or the police shall be restricted to the Hiring Committee (the Vice- President and the Supervisor, not the staff member). Procedure for a Negative Criminal Reference Check When a Criminal Reference Check results in no findings of a police record, all Police Services will send a copy of the original Consent to Disclosure Form with a stamp identifying No Findings to the candidate directly. The candidate must retain a copy of the form and immediately submit the original to Gingerbread Nursery School. The form must be forwarded to the Centre as soon as it is received. If the form is not received by the Centre within eight (8) weeks, the candidate will be asked to follow up with the Toronto Police Service. If twelve (12) weeks pass and the form has still not been received, the candidate may be relieved of their responsibilities until it arrives.

5 Procedure for a Positive Criminal Reference Check 1. In the event of a positive Criminal Reference Check, the candidate will be provided with the police response and may be asked for written particulars surrounding the charges/convictions listed. 2. The candidate must retain a copy of the findings, and immediately submit the original to Gingerbread Nursery School. 3. The candidate may be requested to authorize the Toronto Police Service (Records Management Services) to speak with a member of the Hiring Committee to confirm the general nature of the information included in the summary of findings. 4. Upon receipt of the findings, the candidate will be given an opportunity to meet with the Hiring Committee to discuss the results of the check. 5. In the case of a positive Criminal Reference Check, the position may be withdrawn (and the employee or volunteer may be required to cease work, if applicable) until a final decision of the Hiring Committee has been made. The Hiring Committee will review the offence(s), taking into consideration: The nature of the offence(s) Sentencing received The length of time since the offences were committed The candidate s employment record, qualifications and references Any rehabilitative efforts made Whether a pardon has been requested If the finding concerns an apprehension under the Mental Health Act, the circumstances surrounding and following the apprehension, and the length of time since the apprehension The specific duties and responsibilities associated with the position applied for and the relevance of the particular conviction to the position The risk posed to the Centre and the children if the candidate were hired A decision will be made based on the Committee s assessment. The Committee will document its discussion and the reasons for its decision. The candidate will be advised verbally and in writing of the Committee s decision. CONDITIONAL JOB OFFER 1. Upon receipt of the criminal reference check, the candidate brings in the original to the Supervisor and provides a copy for his/her file. 2. If it is necessary to begin a positon at Gingerbread during the time the Criminal Reference Check is being processed, the candidate will remain on probation until such a time that the criminal reference check has been obtained. 3. Should a positive Criminal Reference check be returned, the candidate would be subject to the rules laid out in the Positive Reference Checks in the previous section of the Criminal Reference Check Policy. 4. Due to the nature of childcare, should the criminal reference check discover that the candidate is a pardoned sex offender, employment will be terminated immediately. 5. In the event that you are not prepared to obtain a police Reference check, this conditional offer will be withdrawn. 6. The candidate must sign a conditional contract agreeing to these conditions.

6 GINGERBREAD CO-OP NURSERY SCHOOL OFFENCE DELCARATION POLICY Under the Child Care and Early Years Act, an offence declaration is defined as a written declaration signed by an individual that lists all of the individual s convictions for offences under the Criminal Code (Canada), if any, during the period specified in the declaration. An Offence Declaration will be done once a year, or as soon as reasonably possible, any time a person with direct contact is convicted of an offence under the Criminal Code. Procedure Gingerbread uses the Ministry of Education s Offence Declaration Form, which is used to obtain an offence declaration and/or a statement disclosing previous findings of guild of a person under the Youth and Criminal Justice Act (YCJA) where the person received an adult sentence. It must be signed by the individual providing the declaration and the licensee/designate, and made available for review by Ministry of Education program advisors in order to meet licensing requirements. Offence Declaration shall be obtained from each employee and volunteer in every calendar year. Annual offence declarations will be considered current to within 15 days of the anniversary of the previous offense declaration or police vulnerable sector check. Any time an individual is convicted of an offence under the Criminal Code (Canada), there is an expectation that the offence be declared as soon as reasonably possible. Should a Offence Declaration be received and reveal criminal convictions then the following will occur: 1. If it discloses that you have been charged or convicted of a serious criminal offense you will be given the opportunity to explain any information disclosed by the background check from a police agency to the Hiring Committee ((the Vice-President and the Supervisor, not the staff member). 2. If you have been charged or convicted of other criminal offenses, the Hiring Committee will consider the nature and circumstances surrounding these offenses. After carefully examining these issues, the Hiring Committee will make a decision regarding the extension of employment, or if termination will be immediate. 3. f the Criminal Reference Check comes back negative and you have completely fulfilled the normal job requirements and probationary period of three months, then you will remain in your role with Gingerbread. If it discloses that you have been charged or convicted of a serious criminal offense directly relevant to the position applied for, employment will be terminated immediately. No individual with the following convicted offences will be permitted to provide child care: An offence under the Child Care and Early Years Act An offence under the following Criminal Code ( Canada) Section 151 (sexual interference) Section (child pornography) Section 215 (duty of persons to provide necessaries) Section 229 (murder) Section 233 ( infanticide)