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PROTECT ACT

The National Center for Missing & Exploited Children (NCMEC) updated its Background Check Unit (BCU) processes designed to ensure child safety within youth organizations. The BCU assesses volunteer fitness through fingerprinting and criminal history checks, evaluating results from the FBI and the State of Montana. Determinations are categorized as Red, Green, or Yellow based on offense criteria, with timely notifications for youth groups. As of January 2004, 192 records have been processed, with a focus on maintaining rigorous standards to protect children from exploitation.

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PROTECT ACT

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  1. PROTECT ACT Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003 Public Law 108-21 Presented by Bud Gaylord Director, Case Analysis and Support Division, NCMEC

  2. NCMEC Pilot Program Update National Center for Missing & Exploited Children Background Check Unit

  3. NCMEC Background Check Unit • Responsible for assessing fitness for volunteers of the three youth groups participating in the pilot program. • Fitness determination is based on the results of a fingerprint and criminal history check. • BCU evaluates all results forwarded from the FBI under the Child Safety Pilot Program and from the State of Montana under the State Pilot Program.

  4. NCMEC Background Check Unit • Staffing • Supervisor • Staff Assistant • Four Staff Analysts • Results are forwarded to youth groups via fax or e-mail. • Assessment and notification to be made within 24-48 hours.

  5. Criterion Offenses R1 – Any felony (any crime punishable by confinement greater than one year) R2 – Any lesser crime involving force or threat of force against a person R3 – Any lesser crime in which sexual relations is an element, including “victimless” crimes of a sexual nature R4 – Any lesser crime involving controlled substances (not paraphernalia or alcohol) R5 – Any lesser crime involving cruelty to animals

  6. Determinations: Red, Green, Yellow RED Light • Worded: “does not meet the criteria” • A conviction of any criterion offense (R1-R5) • A sex offender registrant GREEN Light • Worded: “meets the criteria” • Applicant has no record • The crime for which the applicant was arrested or convicted is not a criterion offense

  7. Determinations: Red, Green, Yellow YELLOW Light • Worded: “may not meet the criteria” • An arrest of one or more of the criterion offenses with no disposition noted • Expunctions, restoration of rights, or pardons of a criterion offense • Any charge involving a child resulting in a disposition favorable to the applicant • Arrest(s) or conviction(s) where it is not readily apparent if drugs or alcohol is involved (i.e. “DUI-Liquor or Drugs”) unless it is a felony conviction, as defined in R1

  8. NCMEC has processed 192 records to date Records Received by Organization: Boys & Girls Clubs of America: 0 Montana Department of Justice: 57 National Council on Youth Sports: 0 ∙ American Youth Soccer Organization: 0 ∙Pop Warner: 0 National Mentoring Partnership: 135

  9. Determinations Made to Date RED Light: 3 (Two R1, One R4) Mentor: 2 (1.0%) Montana DOJ: 1 (0.5%) GREEN Light: 184 Mentor: 128 (66.7%) Montana DOJ: 56 (29.2%) YELLOW Light: 5 Mentor: 5 (2.6%) Note: Percentages based on total records received. Updated January 16, 2004

  10. Reasons For Adverse Determinations to Date Red: • Felony sale of controlled substance (R1) • Possession of controlled substance (R4) • Felony fraud/forgery (R1) Yellow: • Arrest for threat of force against a person – no disposition • Arrest for possession of controlled substance – no disposition • Arrest for driving under influence of either drugs or alcohol – no disposition • Arrest for force against a person and a possible felony – no disposition

  11. Key 1 – Mild 2 – Moderate 3 - Heavy Based on organization projections provided to NCMEC of peak times

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