California Passes Law to Shed Light on Criminal Background Checks, or Lack Thereof

California Passes Law to Shed Light on Criminal Background ChecksIt’s hard to believe but the holidays are just weeks away. And during this time many families, especially those with working parents, scramble to find Winter camps or classes for their kids during the vacation break. For years, parents have taken for granted that these programs have screened their staff to weed out child predators, but in recent years we have heard all over the news about an increasing amount of child molestation cases.

And yet, not all businesses that come in contact with children have to conduct criminal background checks, and their employees don’t have to disclose if they’ve been arrested for felony cases when there have been no convictions. Furthermore, information may not be complete or incorrect, making searching the Meghan’s Law website, a database of sex offenders, even more challenging for parents.

Because of the publicized child abuse incidents and the lack of employee screening, momentum has been building for more laws to protect kids.

Parents, Fear No More?

In an effort to prevent child abuse, Governor Brown signed into law Assembly Bill 1852, which requires that all businesses where employees work directly with minors must prominently disclose in writing whether or not they have employee criminal background checks on file. To be clear, the new law, which takes effect January 2015, doesn’t require these businesses to conduct the employee background checks only to tell you their policy on whether they obtain them.

The law doesn’t affect child care centers or schools, which have their own set of rules to protect children. AB 1852 affects businesses providing mentoring, tutoring, or instructional services such as math tutors or dance schools, to name just a few after school program activities.

Choosing After School Program Activities Wisely

The new law may not be 100{2f3748b5ca5ab0ef62f1154c571df9c56b0d52fa28ba96fa4f869e5919b9e929} comforting but it does arm parents with more information about who their kids come in contact with. Some businesses may not have been forthcoming about their employee screening policies but now they’ll be forced to disclose whether they’ve been lax in this area. And if they start losing customers it may encourage more businesses to vet their staff better. Come January, parents can make better informed decisions about their kids’ extracurricular activities.

Assurance through Criminal Background Checks

For companies that want ensure their clients’ safety and protect their business through full criminal background checks, Santoni Investigations & Backgrounds offers these services and more. Customizable reports can be ordered to comply with state laws while satisfying customers’ need for assurance that their children will be safe. Santoni has access to the most up-to-date databases and the experience to verify the information so that all parties can focus on the kids.

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Online Background Checks: They Aren’t What You Think

Free Background Checks May Really Cost You

Tim Santoni

We rely on law enforcement (Police, Sheriff, FBI, etc.) to “protect & serve.”  They have the difficult task of arresting and investigating people on crimes that range from moving violations to murder. And sometimes they can get it wrong especially with the latest child abduction case we were hired to investigate. I felt compelled to share my account of this case to protect others from what may have been a dangerous situation for my client and her child.

Parental Child Abduction Investigation

Our client, a mother seeking to have her child returned from the father after 11 months of being on the run, retained us to handle various aspects of the investigation. We launched an inquiry reaching out to the investigators at the District Attorney’s office and other law enforcement agencies to share our findings and gain their cooperation and assistance to have the child returned to the legal custodian and mother.

Our investigation was underway and in an effort to get the father of the abducted child to come forward, our client reached out to the press. The distressed mother was able to give an on camera plea asking for the return of her daughter.  The piece ran twice on local television and an acquaintance of the father contacted him and ultimately convinced him to come forward.

Courts and Child Abduction Cases

Even Law Enforcement Can Get It Wrong Sometimes Even Law Enforcement Can Get It Wrong Sometimes

We went in ex-parte to get the court to turn over the child to the mother and get the necessary documents served on the father.  The bailiff was able to serve the father in the courtroom for the upcoming trial.  Because there was no child abduction defense and the District Attorney had a case open, an attorney from the DA’s office was present to insure that the child was turned over to the state or the mother.  The family court commissioner stated that because the mother of the child was present there would be no reason why the child should not be turned over to her.  The emotions filled the courtroom as the mother who hadn’t seen her daughter in almost a whole year embraced her child again.  The parties were excused by the court.  The mother, daughter and legal team departed the courtroom.  The father remained seated in the courtroom and eventually departed

Legal Follow Up in Child Abduction Cases

Prior to court proceedings, the bailiff was made aware of the fact that there were outstanding warrants out on the father. The DA and the attorney for the mother also alerted the bailiff of the warrants at the beginning of the hearing. Prior to processing the father, the bailiff needed to confirm the warrants before taking him into custody.

As the parties departed the courtroom, I wanted to keep eyes on the father to insure that he didn’t confront the mother and baby.  I also overheard the bailiff on his radio asking for security assistance.  I was expecting the father to be taken into custody outside of the courtroom.  The father and his legal team departed the courtroom and proceeded outside the area. As soon as the father exited the courthouse he walked rapidly to his vehicle. I followed him closely to observe the vehicle and plate that he departed in before returning to the courthouse.

Law Enforcement System Breakdown

3D white people. Security control airport access. Metal detector

Concerned for my client’s safety, I remained in the area to make certain that the mother and daughter felt comfortable as they exited the courthouse and departed the area.  While waiting outside of the courthouse I observed the bailiff exit and frantically look for someone or something.  I overheard him say something to another deputy about the fact that the father had gotten away.  I approached the deputy and asked him what had happened.  He said that they couldn’t process the father’s paperwork fast enough because he didn’t have his date of birth.  The father knew he had outstanding warrants and made a hasty exit. I informed the deputy of the vehicle and plate he departed in and provided a picture of the fugitive.

I can’t understand how criminals can enter a courtroom with warrants and walk out without being questioned, detained and arrested.  Why not detain him until they process the warrant search?  Why can’t they find his date of birth in the pleadings that were filed with the court?  Better yet, ask the attorneys and investigators in the courtroom.

If we want to keep our courts safe and the public safe we must know who is entering our courthouses; especially those courts that are handling domestic violence, restraining orders, custody orders and abductions.

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