Natural Lands’ Working with Children Policy (as of 6/24/2022)

By submitting this secure, online form, you are electronically signing that you have read and agree to the terms of Natural Lands’ Working with Children Policy. Read policy below and then click “sign here” to sign.

Questions? Contact our Human Resources department at hr@natlands.org or 610-353-5587 ext 266.

I. PURPOSE

The purpose of this policy is to provide for the safety of children who visit our preserves for educational programs, camps, or events in a manner that is compliant with Pennsylvania law.

II. OVERVIEW

Since 2013, legislation has been enacted which changes the manner in which Pennsylvania responds to child abuse. These changes significantly impact the reporting, investigating, assessment, prosecution, and judicial handling of child abuse and neglect cases. These new laws expand and further define mandated reporters and the reporting process, increase penalties for those mandated to report suspected child abuse who fail to do so, and provide protections from employment discrimination for filing a good faith report of child abuse.

https://www.dhs.pa.gov/KeepKidsSafe/About/Pages/CPS-Laws.aspx

III. POLICY

The Pennsylvania Child Protective Services Law (“CPSL”) requires that paid adult employees and adult volunteers (18 years of age or older) who have direct contact with children submit to a three-step background checking process:

  1. Pennsylvania State Police (“PSP”) Request for Criminal Records Check,
  2. Department of Human Services Child Abuse History Clearance, and
  3. Federal Criminal History Record Information (“CHRI”) (FBI fingerprinting).

23 Pa.C.S.A. § 6344(a)(5)(i); 23 Pa.C.S.A. § 6344.2.

The CPSL defines “direct contact with children” as “[t]he care, supervision, guidance or control of children or routine interaction with children” and “direct volunteer contact” as “[t]he care, supervision, guidance or control of children and routine interaction with children”. 23 Pa.C.S.A. §6303(a). “Routine interaction” is defined as “[r]egular and repeated contact that is integral to a person’s employment or volunteer responsibilities”. After review of Pennsylvania’s legal standard for “routine interaction”, as well as legal and insurer input, NATURAL LANDS will define “routine interaction” as working or serving at two or more NATURAL LANDS events/programs per year where children may be present.

There is an exception to the aforementioned rule for adult volunteers which allows them to submit only the first two clearances. Prior to commencement of service, adult volunteers (18 years of age or older) only have to submit the PSP Request for Criminal Records Check and Department of Human Services Child Abuse History Clearance, and not the FBI fingerprinting, if the following apply:

  1. The position the prospective volunteer is applying for is unpaid or the prospective volunteer is an adult identified under §6344(a)(5)(ii) (relating to adults applying for or holding paid positions with an employer participating in an internship, externship, work study, co-op or similar program with a school).
  2. The prospective volunteer has been a resident of Pennsylvania during the entire previous 10-years or has received the FBI certification since establishing residency and provides a copy of the certification.
  3. The prospective volunteer swears or affirms in writing that they are not disqualified from service due to any of the enumerated grounds for denying employment or participation or has not been convicted of an offense similar in nature to those enumerated crimes under the laws or former laws of the United States or one of its territories or possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico or a foreign nation, or under a former law of this Commonwealth.

23 Pa.C.S.A. §6344.2(b.1)(1).

Minors (individuals between 14 and 17 years of age) holding paid positions who have direct contact with children only need to submit the PSP Request for Criminal Records Check and Department of Human Services Child Abuse History Clearance, and not the FBI fingerprinting, if the following apply:

  1. The minor has been a resident of Pennsylvania for the entirety of the previous 10-year period or has received the FBI certification since establishing residency and provides a copy of the certification.
  2. The minor and the minor’s parent or legal guardian swear or affirm in writing that the minor is not disqualified from service due to any of the enumerated grounds for denying employment or participation or has not been convicted of an offense similar in nature to those enumerated crimes under the laws or former laws of the United States or one of its territories or possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico or a foreign nation, or under a former law of this Commonwealth.

23 Pa.C.S.A. §6344(a.2). Otherwise, paid minors must submit all three clearances. 23 Pa.C.S.A. §6344(a)(5)(i).

There is a gap in the CPSL that exempts unpaid volunteers who are minors (ages 17 and younger) from submitting any clearances. However, while the CPSL does not require unpaid, volunteer minors to submit background clearance, NATURAL LANDS is committed to protecting all children that our staff and volunteers have direct contact with, regardless of whether the individual in contact with the children is a paid employee or an unpaid volunteer. As such, NATURAL LANDS will require unpaid volunteers who are minors to follow the background clearance requirements for minors holding paid positions.

New certifications must be obtained every five years.

A. Background Checking for NATURAL LANDS Staff

The background checking process will be utilized for all new staff beginning on October 1, 2015. Existing staff who meet the criteria described above, will also take part in the new process.

B. Background Checking for Volunteers

All Force of Nature Volunteers (“FON”) will undergo the three-step background checking process, as required. Some volunteers may be able to waive the FBI finger-printing and federal criminal history if they have lived in the state of Pennsylvania for the most recent ten or more years (see Section III above).

Volunteers who are not a part of the Force of Nature program will be asked to consent to the three-step background checking process, with applicable waivers, should they wish to perform certain volunteer roles that have been deemed to require it. These designations are fully outlined in the NATURAL LANDS Communications and Engagement Department’s Volunteer Guidelines.

C. Mandated Reporting of Abuse

Pennsylvania law names certain individuals as “mandated reporters” of child abuse based on their role. Those whose role deems them to be mandated reporters are required to take “Mandated Reporter” training so that they will know when they are required by law to report suspected cases of child abuse. The following two designations apply to NATURAL LANDS adult staff and volunteers if the person has reasonable cause to suspect that a child is a victim of child abuse:

  • “An individual paid or unpaid, who, on the basis of the individual’s role as an integral part of a regularly scheduled program, activity or service, is a person responsible for the child’s welfare or has direct contact with children.”
  • “An individual supervised or managed by a person listed above, who has direct contact with children in the course of employment.”

23 Pa.C.S.A §6311(a)(7), §6311(a)(12).

NATURAL LANDS will require mandated reporter training for staff and volunteers based on the role the individual performs in their work or service. Those roles designated below will be required to take the Mandated Reporter training. The training must be refreshed every five years.

  1. All Event Staff (Engagement, Communications, and Development departments);
  2. Staff who are responsible for children dropped off at camps;
  3. Preserve staff employed on preserves where children’s programming routinely occurs and where interaction is likely;
  4. Staff who routinely guide children’s programs, even while other staff or adults (troop leaders, teachers, parents) remain “responsible” for the child;
  5. Volunteers – FON (or non-FON as defined by role).

D. Natural Lands’ Code of Conduct for Working with Children

In an effort to raise the level of awareness for the safety of children on our preserves, all NATURAL LANDS staff will be required to review and sign off on the NATURAL LANDS Code of Conduct for Working with Children (“Code”) on an annual basis. Volunteers, whose service roles require it, will also review and sign off on the Code on an annual basis.

IV. NATURAL LANDS’ CODE OF CONDUCT FOR WORKING WITH CHILDREN

  1. All NATURAL LANDS Staff must read and sign a copy of this “Code of Conduct for Working with Children” (“Code”) on an annual basis. The signed Code will be retained in the Human Resources office. By your signature you acknowledge that you have received and read the Code, and that you understand and accept the policies, procedures, and standards and agree to fully comply with same.
  2. All Force of Nature (“FON”) volunteers must read and sign a copy of this “Code of Conduct for Working with Children” (“Code”) on an annual basis. The signed Code will be retained in the Human Resources office. By your signature you acknowledge that you have received and read the Code, and that you understand and accept the policies, procedures and standards and agree to fully comply with same.
  3. Volunteers, whose assigned service role has been deemed to require it must read and sign a copy of this “Code of Conduct for Working with Children” (“Code”) on an annual basis. The signed Code will be retained in the Human Resources office. By your signature you acknowledge that you have received and read the Code, and that you understand and accept the policies, procedures, and standards and agree to fully comply with same.
  4. Additionally, volunteers, including parents, who drive on preserve-sponsored trips must provide, a valid driver’s license, proof of current vehicle insurance, and a current automobile registration to the Event or Camp Leader.
  5. Staff and volunteers whose roles require greater interaction with or responsibility for children will be required to take Mandated Reporter training and to refresh the training every five years.
  6. Above all, for the protection of both the child and the accused, it is imperative that confidentiality be emphasized in all incidents or suspicions of abuse. Suspicions, complaints, and allegations are to be reported to Childline and to the Preserve Manager and the Vice President of Finance and Administration only. Reports, investigations, and communications regarding allegations of child abuse must remain confidential to the greatest extent possible. Disciplinary action will be taken if information is spread inappropriately.
  7. The Pennsylvania CPSL protects an individual who in good faith reports abuse or suspected abuse, cooperates or consults with an investigation, testifies in a proceeding arising out of an instance of suspected child abuse or general protective services, or engages in any actions authorized by law relating to photographs, medical tests, and x-rays of child subject to report, taking child into protective custody, testifying in proceedings arising out of an instance of suspected child abuse or general protective services, or relating to mandatory reporting and postmortem investigation of deaths. 23 Pa.C.S.A. §6318(a).
    • There is a presumption in the law, for the purpose of any civil or criminal proceeding, that the person required to report suspected child abuse and any person required to make a referral to law enforcement acted in good faith. 23 Pa.C.S.A. §6318(c).

A. Code of Conduct for Working with Children

  1. Two adults must be present at all Preserve programs involving children. Whether in a building or in the field, Staff, Event or Camp Leaders and Volunteers should make every effort not to be alone with a single child where they cannot be observed by others.
  2. Staff, Event Leaders. and Volunteers shall never leave a child unsupervised.
  3. Abusive actions by NATURAL LANDS Staff, Event or Camp Leaders, or Volunteers is strictly prohibited. Abuse may include:
    1. Physical abuse—including, but not limited to, striking, spanking, shaking, slapping, etc.;
    2. Verbal abuse—including, but not limited to, humiliating, degrading, threatening, etc.;
    3. Sexual abuse—including, but not limited to inappropriate touching or verbal exchange, etc.;
    4. Mental abuse—including, but not limited to, insulting, shaming, cruelty, etc.;
    5. Neglect—including, but not limited to, withholding basic care, etc.
  4. Staff, Event or Camp Leaders, and Volunteers must never touch a child in a way that makes the child uncomfortable. Staff, Event or Camp Leaders, and Volunteers must respect the child’s right to say “no.”
  5. Using, possessing, or being under the influence of alcohol in the presence of children is prohibited at child and family-focused events. Smoking or the use of tobacco in the presence of children is prohibited. Using, possessing, or being under the influence of illegal drugs is prohibited at all times.
  6. Profanity, inappropriate jokes, photos or literature, sharing inappropriate intimate details of one’s personal life, and any kind of harassment in the presence of children are prohibited.
  7. Staff, Event or Camp Leaders, and Volunteers must be alert to the physical and emotional state of the children under their supervision. They must keep documentation of any injury or accident occurring during preserve programs.
  8. Staff, Event or Camp Leaders, and Volunteers are directed to use positive guidance techniques, including redirection, positive reinforcement, and encouragement.
  9. Staff, Event or Camp Leaders, and Volunteers must treat all children with respect and consideration.
  10. If a NATURAL LANDS Staff member, Event or Camp Leader, or Volunteer is accused of any type of abuse involving children in a preserve program, they must bring this to the immediate attention of the Event or Camp Leader or, if the complaint is against the Event or Camp Leader, to the NATURAL LANDS Vice President of Finance and Administration.

B. Responsibilities to Camper and Club-Member Parents

Parents and guardians may visit the Preserve programs in a non-intrusive manner at any time and need not ask permission to do so.

  1. At program registration or before any program commences, the parent or guardian will be provided with the names, telephone numbers, and email addresses of NATURAL LANDS personnel to contact to discuss children’s program issues or to report an incident or complaint.
  2. The registration process for NATURAL LANDS programs will include emergency contact information for each program participant, an explanation of the child’s medical conditions, medications, and physical and or mental/emotional limitations. Outside groups using NATURAL LANDS preserves should be responsible for their participants’ emergency contact information.
  3. The training and credentials of a Staff member, Event or Camp Leader, or Volunteer should be kept on file and provided to any parent or guardian upon request.

C. Internal Complaint Procedure and Response and Mandated Reporting

  1. Any Staff, Event or Camp Leader, or Volunteer who suspects that any child may have been subjected to abuse by any Staff, Event or Camp Leader, or Volunteer, or who receives from any person any complaint or report of any potential abuse, must immediately follow Mandated Reporter Guidelines by contacting ChildLine at 1-800-932-0313 or reporting electronically at https://www.compass.state.pa.us/cwis/public/home. Immediately thereafter, they must inform the Event or Camp Leader and the Vice President of Finance and Administration by submitting a completed Incident Report. NATURAL LANDS will participate fully with the proper authorities. Incident Report forms are available in all NATURAL LANDS offices or from any Preserve Manager.
  2. Should the observer not be a Mandated Reporter and therefore be unfamiliar with reporting requirements, the observer must report to the Preserve Manager and the Vice President of Finance where proper reporting procedures will be carried out.
  3. While an accusation of abuse is being investigated, any Staff member, Event or Camp Leader, or Volunteer named or implicated in the complaint will be temporarily removed from all activities involving children until the investigation has been completed. Upon completion of the investigation, if appropriate, such Staff member, Event or Camp Leader, or Volunteer may be reinstated in activities involving children.
  4. In the event an investigation of a reported or suspected violation of this policy reveals that a Staff member, Event or Camp Leader, or Volunteer has engaged in abuse in violation of this policy and/or applicable law, the person will be subject to appropriate disciplinary action, up to the and including permanent removal from all activities involving children and/or immediate termination of employment.
  5. In an alleged abuse incident, the Event or Camp Leader and/or the Vice President of Finance and Administration shall perform all communication with children or parent(s)/guardian(s) during the investigation. Upon completion of the investigation, the Vice President of Finance and Administration will discuss the result of the investigation with the parent(s)/guardian(s). Documentation of the investigation and notes regarding communication with the parent(s)/guardian(s) will be retained by NATURAL LANDS. All Staff, Event or Camp Leaders, and Volunteers must refrain from discussing any aspect of an investigation with any other person except as reasonably directed by the Event or Camp Leader and/or the Vice President of Finance and Administration, and must direct all inquiries regarding an investigation or its underlying allegations to the Event or Camp Leader and/or the Vice President of Finance and Administration. Any contact with the media will be handled by the Communications and Engagement Department at NATURAL LANDS.
  6. Retaliation in any form against a person who reports potential abuse or makes a complaint under this policy, or against any individual who participates in the investigation of such complaint, is strictly prohibited, and will itself give reason for appropriate disciplinary action up to any including termination of employment.
  7. Failure to abide by the Code may result in disciplinary action up to or including termination of employment.

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