25RE025_AMD1_ATT3_INVESTIG_LVL_082125.pdf

Investigative Levels for Contractor Employees

All contract employees will undergo background checks in accordance with United States Code, Section 20351 of Title 34, Crime Control and Law Enforcement; and Department of Defense Instruction 1402.05 Background Checks on Individuals in DoD Childcare Services Programs.

1. United States Code, 2021 Edition, Title 34 - CRIME CONTROL AND LAW ENFORCEMENT, Subtitle II - Protection of Children and Other Persons, CHAPTER 203 -

VICTIMS OF CHILD ABUSE, SUBCHAPTER V - CHILD CARE WORKER EMPLOYEE

BACKGROUND CHECKS, Sec. 20351.

a. Requirement for background checks: Each federal government agency (or contracts for hire under contract with the federal government) that hires individuals involved with the provision to provide childcare to children under the age of 18 of childcare services shall assure that all existing and newly hired employees undergo a criminal history background check.

b. Criminal history checks: A background check shall be:

(1) based on a set of the employee's fingerprints obtained by a law enforcement officer and on other identifying information.

(2) conducted through the Identification Division of the Federal Bureau of Investigation and through the State criminal history repositories of all States that an employee or prospective employee lists as current and former residences in an employment application, and

(3) initiated through the personnel programs of the applicable Federal agencies.

c. The results of the background check shall be communicated to the employing agency.

d. An agency or facility described may hire a staff person provisionally prior to the completion of a background check if, always and prior to receipt of the background check during which children are in the care of the person, the person is within the sight and under the supervision of a staff person or supervisor with respect to whom a background check has been completed.

e. Any conviction for a sex crime, an offense involving a child victim, or a drug felony, may be grounds for denying employment or for dismissal of an employee in any of the positions.

2. DoDI 1402.05 Background Checks on Individuals in DoD Childcare Services Programs.

a. Criminal history background checks are required for all individuals employed or performing duties in a Department of Defense Education Activity (DoDEA) school (whether or not directly involved with teaching), including but not limited to teachers, administrators, other professional staff, aides, bus drivers, janitors, cafeteria workers, nurses, and attendants. . DoD contractors, subcontractors, staff, or providers in DoD facilities or installations who have regular contact with children under the age of 18.

b. criminal history background checks consist of:

(1). FBI Fingerprint Checks.

(2.) Installation Records Check (IRC).

c. Tier 1 with childcare investigation for non-sensitive positions.

d. State Criminal History Repository (SCHR) Check.

3. The contractor has the responsibility to and will supply all required documents to the COR, and the government will initiate the background check process. The government will make any adjudicative determinations for contractors working on a DoDEA contract that are US citizens or Foreign Nationals that have resided in the US for three years or more.

Required documents for processing are: (Note. Documents are subject to change with federal requirement guidelines).

• OF306.

• DD2981 Basic Criminal History and Statement of Admission.

• Childcare Residency Worksheet.

• DoDEA IRC/FAP Consent Form.

a. DA Fm 5018R.

b. DD Fm 3058.

4. No person, regardless of circumstances, will be approved to provide childcare services if the background check results disclose any of the following criteria, the contractor may not work on the contract to ensure the safety, well-being and security of children under the age of 18.

(a) That the individual has been convicted in either a civilian or military court (to include any general, special or summary court-martial conviction) or received non-judicial punishment (under Article 15 of chapter 47 of Title 10, U.S.C., also known and referred to in this instruction as “the Uniform Code of Military Justice (UCMJ)” for any of the following:

(1) A sexual offense.

(2) Any criminal offense involving a child victim.

(3) A felony drug offense.

(b) That the individual has been held to be negligent in a civil adjudication or administrative proceeding concerning the death or serious injury to a child or dependent person entrusted to the individual’s care.

(c) Individuals permitted to perform duties solely under Line-of-Sight Supervision

(LOSS) must be marked conspicuously by means of distinctive clothing, badges, wristbands, or other visible and apparent markings visible from a distance. Conspicuous postings or printed information must communicate the purpose of such markings to staff, customers, parents, and guardians.

(d) LOSS is the continuous visual observation and supervision of an individual whose background check has not yet cleared and who has a favorable interim suitability or fitness determination while he or she is engaged in child interactive duties or in the presence of children in a DoD-sanctioned program or activity. The person providing supervision must have undergone a background check and received a final favorable suitability or fitness determination and be current on all periodic reverifications, as required by this issuance.

The contractor’s LOSS supervisor must have:

(1) Undergone a criminal history background check and received a favorable fitness or suitability determination.

(2) Complied with the periodic reverification requirement for a recurring criminal history background check, as required.

(3) Not previously exhibited reckless disregard for an obligation to supervise a contractor.

5. DoD contractors are required to self-report any disqualifying information as soon as it occurs to the COR and the COR will report the information to DoDEA Security Management Division for action. The contractors are also to complete a new DD2981 during annual agreement extensions, renewals, or awards. After the initial childcare checks, contractors are subject to reverification every five years. If derogatory information surfaces within the 5 years before the reverification, the DoD Component will take action to protect children by reassigning or suspending any contract employee from having contact with children until the case is resolved.

The contractor is responsible for all fingerprinting requirements as well as ensuring all required paperwork is completed within a timely manner. The contractor may contact the COR to request copies of laws and regulations and forms referenced in this section.