Conducting Background and Character
Investigations Under P.L. 101-630

This class can be counted toward the maintenance of your Indian Country Human Resource Certification. Click here or
call 1-800-992-4489 for details.

How confident are you with your organization’s hiring practices? Will they detect potential “problem employees” and protect your children from harmful individuals? The answers lie in effective background investigations of potential employees. Such background checks are mandated by the Indian Child Protection and Family Violence Prevention Act (P.L. 101-630), which requires that a character investigation be conducted on anyone in a position that involves contact with children.

In this class, an experienced investigator will guide you through the interviewing and background check process and help you master the skills necessary to detect deception or other behavior that could jeopardize children’s safety. This class will be an invaluable tool for protecting your organization and the individuals it serves.

T O P I C S   I N C L U D E
P.L. 101-630 — Indian Child Protection and Family Violence Prevention Act
  • Overview and guidelines
  • Minimum standards of character
  • Determining suitability
  • Applicability to P.L. 93-638 — Indian Self-Determination Act
  • Positions that require background checks
  • Responsibility to conduct investigations
  • Rights of employees and volunteers
Background Investigations
  • Purpose
  • Screening
  • Scope and coverage
  • Interviews and record checks
  • Technology
Establishing Minimum Standards of Character
  • Trustworthiness and stability
  • Past performance
  • Misdemeanors/felonies
  • Federal requirements
  • Positions that may be affected by regulations
Defining “Crimes Against Persons”
  • Felonies and misdemeanors
  • Issues regarding local criminal codes and statutes
  • Dealing with ambiguous situations
Determining Suitability
  • Evaluating risk
  • Past crimes against people
  • Results of background investigations
  • Qualifications and training of adjudication officials
  • Protecting interest of employer
  • What cases go to the adjudication official?
  • Appeals of adverse findings
  • Employee or applicant privacy
Disqualification Factors
  • Tribe’s right to establish
  • Application process
  • Current conduct
  • Criminal conduct
  • False statements
  • Substance abuse
Sources of Information
  • Electronic databases
  • Federal agencies
  • State directories
  • Commercial sources
  • Crime registries
  • Clearances through the National Crime Information Center (NCIC)
  • Federal courts
Interviewing Guidelines
  • Developing a plan of action
  • Putting applicants at ease
  • Selecting questioning techniques
  • Staying in control
  • Interpreting responses
  • Recognizing deceptive responses
Interview Forms
  • Applicant interview
  • Personal reference/neighbor interview
  • Supervisor/co-worker interview
Making Your Decision
  • Tribal rights to adjudicate
  • Tribal vs. federal standards
  • Liability issues
  • Fair and uniform approach

*Topics subject to change.

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