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Below are the top commonly asked questions we receive at
Nanny Background Check:

1. Why was NannyBackgroundCheck.com started and how is it different from
other screening sites on the web?

a. NannyBackgroundCheck.com was started nearly a decade ago after several corporate pre-employment screening executives requested background checks for their own childcare screening needs.  These initial clients expressed their frustration that there was no industry regulation and no company specializing in the childcare pre-employment screening demographic.  As demand increased, NannyBackgroundCheck.com was established to fill an unmet market need.

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

Clearing Database – In 2002 we established the first nationwide pre-employment screening database designed exclusively for nanny and childcare applicants. The clearinghouse is a compilation of our previous background checks where crimes have been identified and associated with childcare workers, former applicants and high-risk people known to work with children. This data is unique only to NannyBC.com and used exclusively for pre-employment screening. The database contains over 8,000 names and is updated on daily basis.
Report Review – All background checks are reviewed and interpreted by an employee prior to completion.  Companies that simply return instant raw data to their customers with no explanation or interpretation assistance are nothing more than data resellers and are not investigative specialists.  This “instant” criminal search is primarily being sold by affiliate marketers with no history or knowledge of pre-employment screening and is probably not the best choice for a sensitive background which involves the saftey of children. Interpreting the results of a background investigation is easier when the report is evaluated, reviewed and follow-up recommendations are made.
Data Analysis - We 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 10 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 based 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.

All parties in the pre-employment screening process agree, a background
check for a childcare worker is different from a traditional background
check because it requires a higher degree of scrutiny due to the
sensitive nature of the position. 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.
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.

Our mission statement is: “To ensure the health and safety of children in homes nationwide by
educating parents to the options available with pre-employment background
screening.”

2. 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.

3. I don’t know how to ask my potential nanny applicants for background checks. I don’t want to create an adversarial employer/employee relationship. 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 friend who works in law enforcement, should we ask him to run a criminal background check on our applicants?  I frequently hear about illegal background checks in the news. Would you explain what is illegal ?

 

NannyBC.com was started by a former law enforcement supervisor who is familiar with public policy and procedure relating to data usage.  Running a background check through NCIC  LEADS, CJIS or other federal/state databases for this purpose is strictly prohibited by the FBI and local police agencies.  Any police personnel caught using federal data for this purpose could be subjected to termination and felony charges.

 

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.   whew

 

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

A sample report is supplied on our home page– password to open is “sample”

 

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.

Due to the
increase in identity and corporate data theft over the past few years, everyone
is concerned with personal information, security and storage. There are several
security procedures in place to ensure personal identifying information is
secure and not compromised. For the past five (5) years all our reports have
returned with the personal information truncated. If the report is misplaced by
the employer no identifying information would be compromised. Extreme care needs
to be taken with the original documents (application/copies of state documents,
etc.) and should be blacked out or truncated if stored and not shredded. There
are steps agencies and employers can take to properly use and store reports that
have been legitimately obtained for a permissible use. Reports containing
sensitive information should not be readily accessible for review or copying by
unauthorized persons. Printed copies of reports that include the subject’s name,
social security number, driver’s license number or credit information should be
filed in a secure location or shredded after review. Locked storage files with
limited access are recommended. When sensitive data is stored in an electronic
format, the reports should be secure and protected through encryption software
or passwords. Effective 06.01.05 there is a new FTC (FACT ACT) on proper
disposing of consumer reports see New FTC Rule Discarding Consumer Reports. For more
information, please read our privacy statement.

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.

 

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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