Criminal Reference Check Policy & Procedures

Vulnerable Sector Checks (VSCs)

Kids Come First will obtain a VSC from the following individuals in accordance with the timelines indicated below.

Individual

Timeline

Employees, volunteers,  and students who interact with children

  • Before beginning employment or otherwise interacting with children;
  • On or before the 5th anniversary after the date the most recent VSC;
  • After any break in the relationship with the licensee that has lasted 6 or more months, before the relationship resumes; and
  • After any break in the relationship with the licensee that has lasted less than 6 months, only if a VSC would have been required during the break, before the relationship resumes.

 

1)    If an employee, volunteer or student whom previously obtained a CRC/VSC and ends his or her relationship with the Centre and then subsequently resumes the relationship, the employee, volunteer or student shall provide a new vulnerable sector check or offence declaration as follows:

  • If the relationship ended six (6) or more months prior to resuming the relationship, the employee, volunteer or student shall provide a new CRC/VSC before the relationship resumes.
  • If the relationship ended less than six (6) months prior to resuming the relationship, the employee, volunteer or student shall provide a vulnerable sector check or offence declaration before the relationship resumes.

2)    If an employee, volunteer or student takes a leave of absence (e.g. maternity leave) from their position and then subsequently returns to their position, a new Vulnerable Sector Checks (VSC) is required: if they would have provided a new VSC during the period of absence OR an offence declaration is required if one was required during the period of absence. The required document must be provided prior to their return to work.

All VSCs will be reviewed by Executive Director or Designate to ensure that they are:

  • conducted by a police force from the city or town in which the person lives, where applicable;
  • prepared no earlier than six months before the day it was obtained by the child care centre, for employees (see exception below for students and volunteers);
  • the original documents (i.e. not a photocopy, see exception below for students and volunteers);
  • not altered;
  • clear and legible;
  • provided in English (otherwise a certified translated copy into English must be provided);
  • complete (i.e. no information missing or cut off);
  • inclusive of all information required about Criminal Code (Canada) convictions as set out in section 9 of the CCEYA.

The following exceptions will apply to volunteers, and students only:

  • VSCs for volunteers and students that are performed more than six months before the day they are provided to the child care centre will be accepted as long as the VSC is less than 5 years old from the date it was performed to the child care centre. In these cases, the volunteer/student will also be required to provide the child care centre with an offence declaration addressing the period since the day the VSC was performed.
  • The child care centre will accept a photocopy of a VSC from a volunteer or student as long as it is less than 5 years old from the date it was performed.

A criminal record check (CRC) will only be accepted in the place of a VSC where:

  • any statute of Ontario or Canada prohibits the disclosure of information contained in a VSC in respect of a person (e.g. information about persons under 18 years of age, pardoned offences, etc.);
  • a police service will only issue a CRC, not a VSC, for an individual; and/or
  • As a Not for profit corporation, Kids Come First’s Directors or Officers do not interact with children at the child care centre. Kids Come First will ensure that all directors and officers have a current Police record Check on file. Any Directors/Officers who will be interacting with the children in the program must submit a VSC. Any new applications for a license must be submitted with the required CRC/VSC.

A Criminal Record and Judicial Matters Check will be accepted in place of a CRC but will not be accepted in place of a VSC.

Any person who turns 18 while in a position where they interact with children at the child care centre will be asked by the Executive Director or Designate to provide a statement disclosing every previous finding of guilt under the Youth Criminal Justice Act (YCJA) if they received an adult sentence. Where the individual confirms that there are no such findings, The Executive Director or designate will document the request and the individual’s confirmation in their file.

Any person who turns 19 while in a position where they interact with children at the child care centre will be asked by The Executive Director or Designate to apply for a VSC within one month after their 19th That person must provide the child care centre with evidence that they have submitted a VSC application.

All VSCs provided to the child care program must be intended for the position that the individual will hold (i.e. employee and volunteer positions). Where the VSC has not been provided for the correct position, it will not be accepted. (e.g a student VSC when the person is hired as an ECE).

There will be no exceptions made for individuals to obtain a criminal reference check (e.g. for medical reasons).

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