BSA’s new Background Check Authorization Form

[SteveMM]

I received the email on Monday, which had a link to follow for the form.  Here it is:

https://filestore.scouting.org/filestore/se-packet/2019-09-30/Additional-Disclosures-And-Background-Check-Authorization-NOT-CALIFORNIA.pdf

[skeptic]

While much of the "precautionary" decisions are onerous and even at times annoying, they are in direct response to the society in which we live.  Safety of the youth we serve is the primary goal, but reality is that it is also, to a large extent, CYA based on patterns being seen going forward.  And some of those "A's" they are covering are ours, whether we feel it is fair or not.  Until we, in this society, find the courage to stand up to the skewed legal system we have bred with our "victimhood" attitude and our "it is someone else's fault" responses to many things, we will continue to have to find ways to respond, or we will simply hunker down in our personal holes and ignore the larger world and society.  Not what the basic tenets of Scouting would encourage, nor most of us wish to happen.

[SteveMM]

I just received a follow up email:

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In October 2019, the National Council of the Boy Scouts of America (BSA) sent an email titled “ACTION REQUIRED Background Check Disclosures and Authorization” to every Scouting Volunteer nationwide.

Here is some key information that you need to know about this email:   •This is a legitimate email from the BSA.   •The BSA needs all adult volunteers to print the signature page in that email (titled “Additional Disclosures & Background Check Authorization”) and sign it.   •The Heart of Virginia Council needs unit leaders to collect these signed forms from all unit adult volunteers and turn them in with the unit recharter, no later than December 31, 2019.   •Unit Volunteers - Please do not turn in your forms to the council office. Give these forms to your unit leader for submission with the recharter paperwork.   •District Volunteers including District Committee Member, Commissioners, and Merit Badge Counselors need to turn their signed form in to their District Executive prior to Dec. 31.   •Council Volunteers including Board Members and Council Members-at-large need to turn their signed form in to Ellen Milano at the Scout Service Center by Dec. 31.   •The Boy Scouts of America is committed first and foremost to keeping youth safe. Part of that commitment includes continually updating our youth protection policies to help ensure we are always on the forefront of youth safety.   •One of the BSA’s many barriers to abuse is a mandatory criminal background check during the adult volunteer application process. The BSA will now perform periodic rechecks of criminal backgrounds to support the continued safety of youth in our programs.   •Yes, when you registered to be an adult volunteer, you signed a similar criminal background check approval at that time. However, technical limitations and changes in the law over the last five years prevent us from using existing authorizations from older applications.    •The BSA needs this form to conduct periodic criminal background checks and for no other reason   •The BSA will not conduct credit or traffic checks on Scouting Volunteers   •Adults who do not turn in a signed background check authorization form will not be able to continue serving as a volunteer with the BSA.

[mrkstvns]

An FAQ document about the upcoming background check process is available on the Bryan on Scouting blog:
https://blog.scoutingmagazine.org/2019/10/14/rechecks-of-criminal-backgrounds-explained/

This document describes why the forms are required and how the process will work.

Basically, they'll do background checks on all scouters in 2020, then every 5 years thereafter.

[RememberSchiff]

I would like a copy of my CRA report  and any other information the BSA uses to determine my membership qualification. From the form, only MN or OK residents are provided this courtesy due to their state laws. 

I do NOT consent to sharing this information with any unnamed  "clients, customers," who have no stated justification regarding a "need to know".

https://www.hoac-bsa.org/Data/Sites/1/media/disclosure-forms/additional-disclosures-and-background-check-authorization-not-california-hoac.pdf

[Jameson76]

1 hour ago, RememberSchiff said:

I would like a copy of my CRA report  and any other information the BSA uses to determine my membership qualification. From the form, only MN or OK residents are provided this courtesy due to their state laws. 

 

Good luck with that

[RememberSchiff]

Depending on increase, I may not submit the form. If I do, I will cross out objectionable conditions and check the box for the report. What could happen?

1. The form will be lost or go unread and National will keep registration fee and proceed regardless. Wonder if they sell my personal info to marketing companies? 

or

2. National drops my membership and keeps registration fee.

or

3. National drops my membership and refunds my registration fee.   

 

[MikeS72]

16 minutes ago, RememberSchiff said:

3. National drops my membership and refunds my registration fee.   

My but I love an optimist!

[MattR]

Our CO does a background check every year on every adult that goes to any event with scouts other than a meeting. This is just the way it's going. So, I really hope the number of background checks one gets doesn't add up and raise some flag somewhere. Then I'd be in a lot of trouble.

[Rick_in_CA]

One problem with all this background checking is that many of these checks are done on the cheap. I have a friend that was given a copy of his background check when he started a new job. There wasn't anything bad in the check, but it clearly wasn't him (he never lived in Nevada for example, but he did live in Boston for years which wasn't mentioned) even though his name was on it. That is why most states require potential employers to provide a copy of any background check too you so you can check it for errors.

I have another friend that used to carry a laminated letter from the local sheriff because he was repeatedly accosted by bounty hunters. He had the same name and DOB as a skipped felon from another state. The letter explained that he wasn't the individual they were looking for. He had a couple of very scary encounters with a few armed clowns, including a night spent in jail because one of the clowns refused to call the phone number on the letter because "he knows that trick!".

[Mrjeff]

I spoke with my attorney and he told me that this document is too broad and open ended.  I am ok with criminal background checks but this appears to be an agreement allowing the BSA and their employees to look into every aspect and area of my private life (my attorney agrees).  I plan to make several pen changes, and have that form notarized before turning it in. I also dont like the idea of them sharing information.  I'm a retired Marine and law enforcement officer and held a final top secret security clearance so clearly I have nothing to hide. But I dont think that the BSA should have access to all of my private information.

[mds3d]

On 10/16/2019 at 6:00 AM, RememberSchiff said:

I would like a copy of my CRA report  and any other information the BSA uses to determine my membership qualification. From the form, only MN or OK residents are provided this courtesy due to their state laws. 

I do NOT consent to sharing this information with any unnamed  "clients, customers," who have no stated justification regarding a "need to know".

https://www.hoac-bsa.org/Data/Sites/1/media/disclosure-forms/additional-disclosures-and-background-check-authorization-not-california-hoac.pdf

Since they are separate legal entities "clients" probably includes your council and troop. Without that clause then the most they could do would be to respond with "nope, not that guy." 

On 10/16/2019 at 5:23 PM, Mrjeff said:

I spoke with my attorney and he told me that this document is too broad and open ended.  I am ok with criminal background checks but this appears to be an agreement allowing the BSA and their employees to look into every aspect and area of my private life (my attorney agrees).  I plan to make several pen changes, and have that form notarized before turning it in. I also dont like the idea of them sharing information.  I'm a retired Marine and law enforcement officer and held a final top secret security clearance so clearly I have nothing to hide. But I dont think that the BSA should have access to all of my private information.

What private information are you worried about? They have stated they aren't doing credit checks. 

 

I think people should be ready for these things to just be rejected if they have pen changes on them (if anyone actually reviews them). You guys should see the authorizations I signed for every healthcare job I have had. 

[malraux]

8 hours ago, mds3d said:

Since they are separate legal entities "clients" probably includes your council and troop. Without that clause then the most they could do would be to respond with "nope, not that guy." 

Even saying that might count as disclosure to a third party to the Chartering Organization.

And most lawyers have seemed to say that the language used is broad because its directly quoting the FCRA.

[RememberSchiff]

8 hours ago, mds3d said:

Since they are separate legal entities "clients" probably includes your council and troop. Without that clause then the most they could do would be to respond with "nope, not that guy."

I think people should be ready for these things to just be rejected if they have pen changes on them (if anyone actually reviews them). You guys should see the authorizations I signed for every healthcare job I have had. 

Good , remove that clause.  This would give the accused and his/her attorneys time to review the CRA, any other documents , and respond.  Over the years, we have had a few good people rejected for reasons unknown and  no appeal. If Council knew, they were not saying. 

Second point, understood.  If I reject their conditions, I am free to serve elsewhere.

Well at least there  is no "do not disparage" clause ,  well not in writing anyway.  Where would I be then?  

Edited October 19, 2019 by RememberSchiff

[Eagle94-A1]

9 hours ago, mds3d said:

They have stated they aren't doing credit checks. 

Do you really trust National? I have been told a lot of things that National would not do over the years, only to see them change policy and do it. And National does not have a history of being Trustworthy. Look at the "Prohibited Activities FAQ" found here:  https://www.scouting.org/health-and-safety/prohibited-activities-faqs/ . One Questions is

"Q. Why can we no longer play dodgeball?  A. Dodgeball has never been an authorized activity in Scouting....."  Even after pointing out this error to National by showing them a Scouting.org link it saying it is an approved game and asking them to change the the answer, they didn't. Instead they pulled a 1984 and took down the scouting.org link that showed it was indeed an approved activity, and kept the lie. And Dodgeball had been an approved game since 1911. Pages 312 to 213 of the 1911 Handbook for Boys has it listed as an indoor game for Scouts.

 

So I don't trust national anymore.