Below are the top commonly asked questions we receive at NannyBackgroundCheck dot com:
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1. Does our family need to obtain signed releases from our nanny applicants before the background checks can be done? Some online companies do not appear to require it.

Yes, there is no exception to this policy. There are several reasons we require a signed release:

A. The Fair Credit Reporting Act and some state statutes require potential employers to obtain signed releases from their applicants prior to an investigation. This law protects both the employer and the applicants. The employer is afforded the opportunity to confirm the applicant's references, credentials, records and other information. The applicants have the opportunity to learn if there are any errors on their record due to mistaken identity or bureaucratic public record errors.

B. Most education institutions and corporate employers will not provide a verification without a signed release from the applicant.

C. A signed release from our customers and applicants is one of the many quality controls we have implemented to ensure data security and audit/legal compliance.

2. How is NannyBackgroundCheck.com different from other screening sites on the web?

While there are many qualified pre-employment screening companies, there are several distinctions that make NannyBC.com different:

Clearinghouse - In 2002 we established the first nationwide pre-employment screening database designed exclusively for nanny and childcare applicants (www.nannyclearinghouse.com). The clearinghouse is a compilation of our previous background checks where crimes have been identified and associated with childcare workers, former applicants and people known to work with children.

Data Analysis - We also research, collect and evaluate specific data from our in-house pre-employment screening results so we can tailor our products to meet the dynamic nature of the business. Over the past several years, childcare screening has become a highly specialized niche in the background screening industry and has many unique demands separate from traditional business pre-employment background screening.

Time Service/Longevity - In the past 5-7 years business pre-employment screening has become standard operating procedure for most employers.  Even with pre-employment screening becoming mainstream, the industry is still relatively new and evolving.  We are continually developing innovative products and services designed exclusively for the in-home screening demographic.

Licensing - While not required, most companies and their employees have not cleared a FBI fingerprint based criminal background check for licensure. Professions such as attorneys, nurses, teachers, state licensed childcare providers, police officers and other regulated/licensed professions are required to clear a  fingerprint FBI criminal background check prior to state licensing.  Most instant online internet based companies, public record resellers and their employees are not subjected to the same comprehensive pre-licensing criminal background checks and statutory education/experience requirements.  It's possible a convicted criminal may be working for an unlicensed/unregulated company and handling your sensitive private data.   Ask your provider if their employees have cleared an extensive FBI fingerprint criminal background check.

Education - We are committed to educating our customers to the availability, accessibility and limitation of screening records.  Most companies will not advise you of the caveats and limitations of criminal records in the United States.  The "instant national criminal" search being openly sold on the internet is limited in scope and shouldn't be used as a primary criminal records search.

Our philosophy from inception was to offer comprehensive background investigations while establishing long-term relationships with our clientèle. By designing this website exclusively for in-home childcare screening, an emphasis has been placed on screening education and awareness. Because occupational turnover and short-term placement is so frequent in this market segment, most families will screen numerous applicants during the period they need assistance. Our customer base includes clientèle from every state, including some of our first customers from several years ago. Along with this long-term philosophy, we also like to inform our clients that while pre-screening can provide valuable insight, it shouldn't be the only factor in the hiring process. Simply because an applicant passed a limited basic background check does not guarantee future performance. There are many other factors that need to be evaluated during the process including: interview performance, skills set, experience, competency, child compatibility and attitude.

3. I don't know how to ask my potential nanny applicants for background checks. I don't want to them to feel that we don't trust them right from the beginning. Any suggestions?

Surprisingly, we are asked this question frequently. The fact is, in today's workplace, background screening is an essential and necessary element for any employment. It is an accepted part of the employment process similar to the application. Ninety-nine percent (99%) of Fortune 500 companies and 96% of employers surveyed (Society for Human Resource Management) now conduct pre-employment screening.* Working in an in-home position is an extremely serious job which should not be taken lightly. The employee usually has a key to the residence, has access to the entire house and will be taking care of your children. We encourage parents to be upfront with their candidates and advise them all potential applicants will be reviewed and many factors, (including the background investigation) will be considered before an employment decision is made.

The news is filled with unfortunate stories that could have been avoided if only a simple background check was completed. It is difficult to comprehend, but the United States has laws that require people to have licenses/permits to fish or hunt, but there is NO current state law requiring a background check or licensing for an in-home childcare worker! This bureaucratic oversight must be dealt with by parents empowering themselves to make sure their families are safe. Waiting for the government to pass legislation regulating the industry is unacceptable and dangerous. Requiring a background check presents a professional image right from the beginning of employment. In fact, many full-time professional nannies realize parents are uncomfortable leaving their children with a childcare worker and have begun to order their own personal background checks. NannyBC.com is committed to the safety of the family and is proud to be the first company to provide applicants with this type of unique service.

Agencies are outsourcing their backgrounds to NannyBC.com because they realize conducting an in-house investigation is an obvious conflict of interest. The agency's purpose is to place a nanny in a position. Allowing the same person or agency employee, to conduct a background check is a conflict which may influence the scope and integrity of the investigation. Progressive agencies realize the necessity, importance and good business practice it is to partner with an outside vendor for their investigations. Responsible parents, professional nannies and progressive agencies realize background screening is a necessary and essential element of the employment process.

* Source: SHRM Workplace Violence Survey 2004

4. I am really confused with how criminal records are maintained and searched, may I have a brief explanation?

You are not alone. Trying to navigate the criminal records maze in the United States is not easy. First, there is no national standard or state regulation governing the in-house childcare industry. The criminal record background checks that state licensed childcare workers, public safety workers, teachers and other regulated professions undergo is a fingerprint based criminal background search. Fingerprint based searches are the most reliable way to conduct criminal record checks for two main reasons:

1)Positive/Conclusive Identification
2)The least likely to result in either a false positive or a false negative search result or hit.

Non-fingerprint related criminal record searches are conducted by name and identifiers through the court system. For example, if a subject were charged and convicted of a crime by a federal agency (FBI, DEA, ATF etc.) the record (name/identifiers) would be stored at the federal district court where the crime originated. If the subject were charged and convicted by the local authorities (local/county/state police) the record would stored at the county district court where the offense occurred.

The FBI maintains a database, National Crime Information Center (NCIC) on arrested and convicted individuals at the federal, state and county levels. In order to search this database for pre-employment purposes the applicants fingerprints are required. The search is comprehensive, however it does create logistical problems and has limitations: For example, if the arresting law enforcement agency didn't fingerprint the subject when they were arrested, the record would not be in the database. Most agencies do not fingerprint for local ordinance charges(i.e. City of Chicago v. John Smith), some serious misdemeanors or dui. Further complicating matters, is if the applicant's fingerprints were ink rolled as opposed to electronic (live scan) rolled, the results may take anywhere from 2-4 months. Moreover, if the fingerprints are rolled improperly and "non classifiable" the applicant must resubmit a new set and complete the entire process again. This is why it is recommended to search for criminal records at the applicant's county of residence, employment, education and the surrounding collar counties. The search may be conducted by the applicant's identifiers only and is usually returned within 3-4 days.

4a.  We have a relative who works in law enforcement, should we ask him to run a criminal check on our applicants?

Running a background check through NCIC or other federal databases for this purpose is strictly prohibited by the FBI and local police agencies.  This is an example of an illegal background check, if caught, it is possible and quite probable the officer will terminated and criminal charges will be brought against the officer and the requesting party for unlawful use of federal data. 

5. I am looking for a nanny position. Do you know of any openings?

We do not coordinate, hire or place any childcare workers. There are many agencies in the US that have openings. Check out our Agency page for further.

6. Do you have a sample application form we can use?

NannyBC.com has complied an e-book (word/pdf document) of essential hiring forms. These forms, including a 5 page nanny specific application, employment contract and over 35 pages of hiring forms may be ordered separately for $19.95 or, are free with a deluxe package or greater.

7. When will I get the results of the background check?

NannyBC.com recognizes that time and deadlines are important when there is an employment decision being considered. We are committed to providing our customers the information as soon as it is received. There are many factors that determine turn-around time. Some are: records accessibility, court requirements, weather, bureaucratic paperwork, database requirements, etc. Usually the more extensive the report the greater the turn-around time. A comprehensive background investigation for critical positions requires time and diligence. Our reports are generally returned within three (3) business days with an on-site criminal record check. A business day is calculated as the day after the report was received (Monday-Friday excluding court holidays). For example, if your order was received at 2:00 pm MST on Monday the next business day, Tuesday is when the investigation will commence. Orders are placed in queue based on the time received. If a rush order is required, place "RUSH ORDER" on the order form and the investigation will be placed accordingly. A fifty ($50.00) dollar charge is accessed for rush orders. If your report is over 50% complete and NannyBC.com is waiting on a certain record, you will be sent a partial report until the pending records become available. Many employers tender a conditional offer of employment until the full report is procured.

8. What is the difference between a midwife, nanny, baby nurse, au pair, doula and governess ?

A midwife is a person who attends a woman in childbirth, but who is not a physician. Midwifery (being "with woman") focuses on providing care to normal childbearing women and their newborns. A nanny is employed by a family (live-in or live-out) and is responsible for childcare. An au-pair is generally not a US citizen and lives with a family to experience American lifestyle and customs. The au-pair may receive a small salary in exchange for childcare or household chores. A doula is a woman who assists another woman during labor and provides support to her, the infant, and the family after childbirth. A baby nurse is a specially trained professional that may live-in or live-out and is responsible for the care of infants or young children. A governess is an educator or teacher that is employed by the family to instruct and teach children who are school-aged.   whhhewww

9. What legal obligations does my family have as an employer?

A. There are many legal obligations a family must meet as an employer. Each vary by jurisdiction, but may include: Verification of eligibility I-9 form with INS (1 800 357-2099), new hire reporting information with your state (see link below), payroll income tax withholding (w-4,w-7 form), Medicare, Social Security, Unemployment Insurance, W-2 forms, W-3 forms, workers' compensation insurance and benefits. Please note, if you do not adhere to IRS tax laws, you may not be eligible to claim any childcare tax benefits with your return. Employers may be able to deduct expenses (advertising, hiring expenses, background check, etc.) with their taxes. Please consult with your accountant or tax preparer for specifics. Some parents may be tempted to hire an illegal immigrant and pay them "under the table". There are many legal issues and consequences with this practice. Several high profile cases have occurred in the recent past including a 1993 Attorney General nominee, a federal district judge and other governmental nominees being removed from consideration due to an improper childcare hiring or failure to pay taxes. To avoid your own "nannygate" please consult with a qualified accountant to ensure compliance or purchase specialized accounting software. Also see IRS

Here's a sample: (password is "sample" lowercase, no quotes then click the "read only" button)

11. May an applicant order a background report in order to check their records?

Yes. An applicant may order a report on themselves. The same policies and procedures apply. They may also request a copy be sent to their potential employer or the potential employer may call us with the control number to confirm the data. The applicants written approval is required.

12. I have an applicant that lived overseas for some time. I'd like to verify the information. Can you assist?

International availability varies on each country. Education records, employment verifications and criminal records are available in many jurisdictions. The cost and turn-around time is much greater than a domestic investigation due to time zones, language, translation and privacy laws. In the United Kingdom the Data Protection Act and the European Privacy Act regulate criminal records. Please call or e-mail for a custom quote and estimated turn-around time. Please include the applicant's last known address and the specific area you need searched. A separate release form is required for each request.  Some of the common international jurisdictions are listed below. US territories including Guam, Puerto Rico, US Virgin Islands are also available.

13. The social security trace revealed another name not disclosed to us. What does this mean?

Frequently, a social security trace may return additional names or addresses associated with the provided number. There are many reasons for this: A change of name due to marriage, a data entry error, a co-signer or relative on an joint application (tenancy, home loan, car loan etc.), or may indicate the possibility of ID theft. The employer should question the applicant if they are familiar with the additional names or aliases. If the applicant has or claims to have no knowledge of the name, applicants need to check their credit reports.

14. The social security number trace came back invalid. What does this mean?

15. Our applicants' are from out-of-state. How do we determine what counties to search from their previous residences, employers and schools?

We have an in house database that cross references and generates the zip code to county. There are many sources to determine the county from a zip code or address. The US post office has an online resource and there are several other sources Zip/County Locater. There is also an ADDRESS-ZIP toll free number 1 800.ASK USPS.

16. Our family signed up with a local agency. The fee also included a "comprehensive background check." When we asked them what their background check consisted of, they indicated the following: reference checks, a local police department records check, a department of corrections check (DOC) and a state drivers license record. Is this background check considered comprehensive by industry standards?

No. Most agency owners are not criminal record or pre-screening experts.  The national and regional criminal checks being sold on the internet are anything but comprehensive.  The aforementioned comprehensive type of pre-employment check for a childcare worker is not considered extensive by industry standards. Background screening is not an exact science and numerous sources should be accessed. A local municipal police check will only uncover local ordinance charges filed by a local agency. Most criminal charges are filed at the state level. A DOC check is a supplemental search, but will only uncover crimes where the subject served state penitentiary time. If the applicant was convicted of a state crime, and served the time in county jail, the record will not show up on a DOC search because state prison maintains separate and distinct records from that of the county jail. Please use caution with some companies claiming "comprehensive instant background checks" as an add-on to their placement fee. Always ask what their screening procedures are and what records are being accessed. Criminal records in the United States need to searched from various sources (local, state and federal courts) in order to complete a comprehensive background check.

17. I'm not too sure what I can and cannot legally ask during an employment interview. I know there are certain inquiries to avoid, do you have any tips?

Our customers have provided us some excellent feedback on our e-book nanny hiring forms. It is a general reference for the novice interviewer. Please consult with an employment attorney for your state's specific requirements.

18. What security procedures do you take to ensure the sensitive information is kept safe, secure and not compromised.

19. Our nanny drives our family vehicle with the children on errands. Do we need to obtain additional car insurance?

All employers that employ household employees should check with their insurance providers for coverage. Employees may be added as "additional insured". Some policies may EXCLUDE business driving or require a rider or addendum to the policy. Also make sure the driver is licensed to operate the vehicle. Insurers typically deny claims where the driver is not licensed or suspended. If your household employee drives their own personal vehicle while working it may be considered "business usage" and a may need approval for additional coverage. Be sure to check both policies if the situation applies to your family.

20. How many nannies are there in the United States?

Determining the number of nannies in the United States has been difficult. The latest study conducted in 2001 conducted by the US Dept. of Health and Services revealed the number appears to be increasing but is difficult to quantify due to the wide variety of childcare arrangements. Anecdotal evidence indicates hiring a nanny (part-time, full time) has become more mainstream due to the number of working parents in the workforce.

21. We ordered a report several years ago. Do we need to complete a new account application?

22. What does a court sealed record mean?

Sealing case records originates with a requirement to protect confidential information from public access. Specific reasons for sealing a case may vary. Certain case types such as adoption, paternity and juvenile abuse or neglect matters are automatically sealed by state statute. In addition, the court may order the sealing of individual civil, domestic, temporary protective order, probate, guardianship or involuntary civil commitment cases. Criminal records may be ordered sealed upon meeting certain statutory requirements. An order to seal includes all records, papers and exhibits in the custody of court. Other records relating to the case, in the custody of such other agencies and officials as are named in the order, must also be ordered sealed. All proceedings recounted in the record are deemed never to have occurred. In some circumstances, the court may seal only certain documents in a case, without sealing the entire file.

23.  I am new to pre-employment screening and some of these screening terms are unfamiliar.  Do you have a list of terms?

Yes.  Screening jargon may seem confusing at first.  It takes several background checks to become familiar with screening terms and search results.  Here is a screening GLOSSARY.

24. We are first time parents and are overwhelmed with not only hiring childcare but other responsibilities.  Do you know of any general resources to help us during with our rookie season as parents?

As with anything new, parenting is challenging from day one. When you start a new job your competency level is not expected to be the same a long-time tenured employee. The same is true with parenting, much of it is experience coupled with trial and error. There are many resources available to assist with your new position, check out our links below:

PARENT SAVVY BOOK

25. I hear a lot about new laws and verification procedures.  We use a nanny sporadically  do we need to fill out an i-9 form and keep it on file like full-time employers and agencies?

FOR WHO MUST EMPLOYERS COMPLETE FORM I-9?
Every U.S. employer must have a Form I-9 in its files for each new employee, unless:

• the employee was hired before November 7, 1986, and has been continuously employed by the same employer.
• Form I-9 need not be completed for those individuals:
• providing domestic services in a private household that are sporadic, irregular, or intermittent;
• providing services for the employer as an independent contractor (i.e. carry on independent business, contract to do a piece of work according to their own means and methods and are subject to control only as to results for whom the employer does not set work hours or provide necessary tools to do the job, or whom the employer does not have authority to hire and fire); and
• providing services for the employer, under a contract, subcontract, or exchange entered into after November 6, 1986. (In such cases, the contractor is the employer for I-9 purposes; for example, a temporary employment agency.)

25 a. What should be done with these forms after they are filled out?
Unlike tax forms, for example, I-9 forms are not filed with the U.S. government. The requirement is for employers to maintain I-9 records in its own files for 3 years after the date of hire or 1 year after the date the employee's employment is terminated, whichever is later. This means that Form I-9 need to be retained for all current employees, as well as terminated employees whose records remain within the retention period. Form I-9 records may be stored at the worksite to which they relate or at a company headquarters (or other) location, but the storage choice must make it possible for the documents to be transmitted to the worksite within 3 days of an official request for production of the documents for inspection. Note: U.S. immigration law does not prescribe or proscribe storage of a private employer’s I-9 records in employee personnel files. As a practical matter, however, particularly if a large number of employees are involved, it may be difficult to extract records from individual personnel files in time to meet a 3-day deadline for production of I-9 records for official inspection.

26. Our family is considering placing our child in a local home daycare in our neighborhood.  What screening should we do on this type of home day care operator.

Due to the increase of people providing home day care out of their residences, several new laws and regulations have emerged.  Some local and state laws require licensing or limit the number of children in the home unless a license is obtained.  Ask the provider for their credentials and if they are in compliance with all the local and state regulations for in-home day care providers.  Reputable providers will be very cooperative with the information.  It is also important to have the day care providers family members cleared as they may have direct access to the children.

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Note: NannyBackground.com does not have any affiliation with the below listed links and cannot guarantee or warrantee any product or service that may be offered.

American Academy of Family Physicians
American Academy of Pediatrics
America Board of Family Practice
American College of Nurses/ Midwives
Obstetricians and Gynecologists
Mothers
National Association of Childbearing Centers
National Maternal and Child Health Clearinghouse
Learning Disabilities of America
National Association of Gifted Children
American Association of Marriage and Family Therapy
National Committee for the Prevention of Child Abuse
Support for Miscarriages/Stillbirths
Sites for parents
My Family
Safe Kids
Safe Teens
Ask a Child Psychologist
ParentsDB
Kids in Danger
Net Parents
Net Family News
Children and Youth with Disabilities
Families.com
Kids Doctors.com
I am your child
BabyHood
Parenthood Web
Early Childhood
Ask Evelyn
National Parenting center

Legal Issues -- Pre-employment

Age Discrimination Act
Civil Rights Act 1972
Equal Pay Act
National Labor Relations Board
Education Amendments Act 1972
Pregnancy Discrimination Act of 1978
Americans with Disabilities Act
FCRA

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