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Protection of Children Through Criminal History Record Screening: Well-Meaning Promises and Legal Pitfalls

NCJ Number
111826
Journal
Dickinson Law Review Volume: 89 Issue: 3 Dated: (Spring 1985) Pages: 577-603
Author(s)
H Davidson
Date Published
1985
Length
27 pages
Annotation
As a result of concern over child sexual abuse in childcare institutions, many have advocated checking criminal justice system and child protective services records for histories of people involved in or seeking to work in positions that would place them in close proximity to children.
Abstract
Some believe such history checks would screen out those likely to harm children and would deter inappropriate persons from entering or remaining in positions that involve contact with children. However, such screening would divert funding from needed areas and is unlikely to discover more than a few applicants or staff with relevant records. At present, there is no centralized record system that contains all conviction records. Further, screening may also deter potentially dedicated, quality employees from entering the field. Finally, a majority of child day care providers are females, and women account for only a miniscule percentage of individuals for whom there are records. Nonetheless, a criminal record check, coupled with effective pre-employment interviewing and a scrupulous background check of references, can provide a means of protecting children from maltreatment in child care. In addition, supervisory staff should be trained to detect possible occurrences of molestation and how to deal with it. 74 notes.