Bureau of Indian Education School Board Training Background Investigations

Scope, definitions, and process of background investigations Agenda Welcome Overview Scope, definitions, and process of background investigations Questions and Discussion Takeaways Talking points for facilitator: Let’s set the stage before start… Here’s what we’re going to do over the next hour…

The Challenge American Indian children have one of the highest rates of victimization for child maltreatment among ethnic groups. Rate is 11.6 per 1,000 children. In 2009, more than 7,000 Indian children were victims of child abuse. Source: U.S. Dept. of Health and Human Services, 2010 How can we keep Indian children safe in our schools? http://www.ncdsv.org/images/HHS-Children'sBureau_ChildMaltreatment2010.pdf

Background Requirement Individuals in regular contact with, or in control of, Indian children are required to undergo background investigations. School Employees School Volunteers School Contractors Authorities Public Law 101-630 (as amended) Indian Child Protection and Family Violence Prevention Act; Public Law 101-647 Crime Control Act of 1990 18 USC 922 Gun Control Act

--2004 DOI Inspector General Audit Outcomes In 2004, of 7,665 background investigations initiated by the BIE, only 165 identified issues for further investigation, and only 50 (fewer than 1%) employee candidates were found unsuitable. --2004 DOI Inspector General Audit The background investigation process is meant to screen out the very small percentage of potential school employees and volunteers whose criminal background makes them ineligible for work with Indian children. 2004 DOI Inspector General Audit https://www.doioig.gov/sites/doioig.gov/files/2004-I-00362.pdf

Ineligibility Employees are ineligible if they have been found guilty of, or entered a plea of, no contest or guilty to offenses under Federal, State, or Tribal law: any felony offense, or any two or more misdemeanor offenses. crimes of violence, sexual assault, molestation, exploitation, contact or prostitution. crimes against persons. offenses committed against children. Authorities EO 10450 Security Requirements for Government Employment; EO 12968 Access to Classified Information 5 CFR 731 (Suitability); Part 732 (National Security Positions; Part 736 (Personnel Investigations) Security Policy Board Issuance 1-97 (Investigative Standards); 2-97 Adjudicative Guidelines 441 DM 5 – establishes Departmental policies and procedural guidelines for the operation of the personnel security and suitability program Homeland Security Presidential Directive (HSPD-12) – Policy for a Common Identification Standard for Federal Employees and Contractors

eQUIP flowchart process Background investigations must be paid with federal funding. Each program office is responsible for payment. FBMS line of accounting must be provided at the time of request so the investigation process is not delayed. Potential problems or delays Delays occur when forms are incomplete Notification to individual via email, 5 days to respond; Second/Final notification with additional 5 days Non-compliance, failure to comply, investigation discontinued, file placed in inactive status

Favorable vs. Unfavorable Results Database updated, auto generated email sent to point of contact. USAccess update. Unfavorable Letter issued to the individual with a copy to the point of contact. For Federal employees, the servicing ER/LR Office will be notified. If there is an unfavorable result: Individual will be contacted in order to allow him/her the opportunity to refute, correct, explain or update adverse information by responding in writing, with any information, explanation or documentation he/she would like to be considered. Contact is made either by email, telephone or written inquiry. Individual is usually given 20 days to respond with an additional 10 days, if requested in writing.

Questions and Discussion What can a school board do to make sure employees, contractors and volunteers are cleared to work with Indian children? How can the board help staff avoid delays? What can a school board do to make sure employees, contractors and volunteers are cleared to work with Indian children? How can board help staff avoid delays?

Takeaways Potential employees, volunteers and contractors must undergo criminal background checks to work with Indian children. The number of ineligible candidates is very small (around 1 percent). Correct paperwork helps keep the process moving efficiently. Potential employees, volunteers and contractors must undergo criminal background checks to work with Indian children. The number of ineligible candidates is very small (around 1 percent). Correct paperwork helps keep the process moving efficiently.

Resources US Dept. of Health and Human Services demographic data of child abuse 2004 DOI Inspector General Audit eQIP Application US Dept. of Health and Human Services demographic data of child abuse 2004 DOI Inspector General Audit eQIP Application