All too frequently, we read stories in our daily newspapers, see on the nightly news, or hear about yet another individual who is the victim of abuse at the hands of a care provider -- a care provider with a criminal history of similar abuses or who is otherwise not fit to care for vulnerable individuals. The victim may be a child in a preschool program, an elderly person who needs assisted living care, or a disabled individual who requires institutional care.

Today nearly 35 million adults come into contact with more than 70 million children in educational institutions, day care facilities, foster care homes, youth development organizations, social service agencies' medical facilities, recreation centers, religious-based programs, and juvenile detention, correctional, and law enforcement facilities. More than 5 million of the estimated 33.9 million Americans older than 65 years need some form of assisted care and an additional 2.3 million of the 36 million Americans with a disability require residential treatment. The total number of Americans in need of some care is estimated at more than 77.3 million.

When Congress introduced and passed the National Child Protection Act in 1993, it addressed concerns we all share: concerns about the qualifications of those who care for the members of our society most susceptible to abuse. The Violent Crime and Law Enforcement Act of 1994 amended the National Child Protection Act and directed the Attorney General to "develop guidelines for the adoption of appropriate safeguards by care providers and by states for protecting children, the elderly, or individuals with disabilities from abuse." With the release of these guidelines, we are taking a step forward in providing this vulnerable population with additional protection from abuse by those responsible for their care. These guidelines present a logical decision model to guide the screening decisions of individuals and organizations who hire employees or recruit volunteers to work with and provide care to children, the elderly, or the disabled.

The guidelines do not mandate criminal record checks for all care providers but do present advice on establishing a policy that provides an appropriate level of screening based upon specific situations. The suggested screening mechanisms may include the Federal Bureau of Investigation's fingerprint-based criminal records check, where warranted. The first step presented in this decision model includes an assessment of "triggers" that pertain to the setting in which the care is provided, the employee's or volunteer's level of contact with the individual receiving care, and the vulnerability of the care receiver. The next step is weighing the availability of information, the costs of the screening, and the human resources needed to carry out the screening process. The third step is the analysis and selection of appropriate screening practices that would be used in addition to "Basic Screening," which includes reference checks, interviews, and a written application. These three steps lead employers and volunteer organizations through a thoughtful process of evaluating the circumstances and establishing appropriate screening measures for each care provider.

The guidelines were developed to help reduce the incidence of abuse by care providers. However, the guidelines alone will not eliminate the problem. We, as the relative or friend of an individual receiving care, must remain aware of the potential for abuse. Screening of care providers does not remove our responsibility to talk to our children and family about what is and is not acceptable behavior from care and service providers. Similarly, service organizations and employers providing care have an ongoing responsibility to monitor those in contact with vulnerable populations. While the use of these Guidelines is a necessary first step to ensure their safety, we must remain vigilant at all times to ensure proper care.

Janet Reno
Attorney General
U.S. Department of Justice

OJJDP Summary: Guidelines for the Screening of Persons Working with Children, the Elderly, and Individuals with Disabilities in Need of Support, April 1998