The Association of Premier Nanny Agencies - News and Articles Blog

by Lynn Peterson, PFC Information Services, Inc.

Reputable staffing agencies routinely conduct criminal checks, Social Security Number verifications, and driving record checks as standard components of their candidate screening process. There is another type of background check that is not typically included in a standard background check - civil litigation.

CRIMINAL vs. CIVIL
Criminal cases are felonies and misdemeanors filed by the government. The penalties include jail, prison, probation and fines. Most civil litigation consists of torts or contracts cases.
Contract cases normally involve breach of contract or contract enforcement. Torts can encompass intentional actions - such as infliction of emotional distress - or unintentional actions which often arise from situations involving negligence. Tort cases can involve injury to property (trespassing or theft), to a person (assault or wrongful death), or to reputation (slander or liable).
Civil cases are brought by individuals or companies, usually through attorneys. Judgments in civil cases frequently involve money.

WHY CLIENTS REQUEST CIVIL CHECKS
Typically, a client who requests a civil litigation check is concerned about 3 things:
* A large number of lawsuits in which the job candidate was the plaintiff, which would indicate the candidate is litigious
* Lawsuits involving former employers. For example, sexual harassment or wrongful termination suits can be a sign the candidate might sue her next employer
* Restraining orders filed by, or against, the job candidate
RESTRAINING ORDERS ARE OF PARTICULAR CONCERN
A criminal background check will not usually find a restraining order.
EXAMPLE: A nanny agency client of ours placed a caregiver with no irregularities in her standard background check. The family was ecstatically happy with the nanny during the first few months. However, the nanny was increasingly taking on an almost parental role. The situation deteriorated to the point where she was fired.
Once terminated, the parents felt the nanny was stalking their children. The family contacted the agency and asked it to conduct a deeper background check.
My company repeated our original checks, but added a civil litigation check. With that, we found a restraining order against the nanny. A judge ruled she had stalked the children of another family that had fired her; a family not listed in her job history.

For everyone’s safety, it is also important to know about restraining orders filed by a job candidate. If she has filed an order against a boyfriend or abusive spouse, it is possible he might discover where she is working and show up at the home.
 

PROBLEMS WITH CIVIL LITIGATION CHECKS
To find out what really happened in a civil litigation case you must obtain copied, case file documents from the courthouse which can involve a great deal of time and expense.
Civil litigation files often do not include identifying information about the parties involved. Frequently there are no addresses, Social Security numbers, dates of birth, or driver’s license numbers.
If your job candidate has a common name, a large number of cases may be found that actually have nothing to do with that person. It will probably be impossible to determine if the cases involve your job candidate, and pulling each case file to search for identifying information can take weeks. Therefore, avoid civil litigation checks when a person’s name is common.

The Fair Credit Reporting Act (FCRA) limits the time in which civil records can be reported to 7 years, unless the candidate will be earning $75,000 or more. Several states limit the period of time, regardless of the employee’s salary.
 

NOT CONVICTED BUT HELD ACCOUNTABLE
Sometimes a defendant may not be convicted in a criminal case, but may still lose in civil court. Both the O.J. Simpson and Michael Jackson trials provide good examples of defendants who were not criminally convicted, but lost or settled the civil cases filed against them.
 

SHOULD CIVIL LITIGATION CHECKS BE PART OF A STANDARD BACKGROUND CHECK?
Because of the significant problems mentioned above, we do not recommend civil checks as a standard part of the background check. However, civil litigation checks can serve as a valuable tool, particularly when the search is focused on employment-related issues and restraining orders.

THE BOTTOM LINE IS: if your client wants a civil litigation check conducted you should be prepared to do so. However, you should also make the client aware of the problems inherent in these checks.

PFC Information Services, Inc., in Oakland, CA provides public records research and pre-employment background checks.  PFC offers discount rates to APNA members.  

The View
320 West 66th St.
New York, NY 10023

March 10, 2008

Re: The Dangers of Online Only Job Listings to Hire Nannies

To The View,

     Job listing services such as Sittercity should not be confused with nanny agencies.

     We feel it is important to raise a red flag about your segment last week on Sittercity, a service that lists families and nannies online.  Your guest stated that Sittercity allows users to “go through all the same steps that really expensive placement agencies do.”  In our opinion that is not true.  Some of the biggest problems with online job listing services are that they do not provide the personal investigation, matching and tools that a nanny agency uses to assure the confidentiality and security of its clients and its applicants seeking work.

     Additionally, online job listing services can give the client a false sense of security by advertising a background check that offers minimum screening compared to what top notch nanny agencies would consider adequate.  Many online job services, including Sittercity, allow parents to conduct an online LexisNexis background check for $9.99.  Sittercity has a disclaimer that the LexisNexis check covers just 38 states (http://www.sittercity.com/help_detail.html?tag=bgcin).  But some online job listing services call the LexisNexis check “nationwide” which can be misleading.

     Top notch household staffing agencies require a computer background check, and much more, on each job candidate.  Most quality agencies hire a seasoned professional to conduct background checks.  You can read in detail about what a thorough background check entails on our web site at: http://theapna.org/blog.

     Quality nanny agencies also meet each nanny candidate in person and check the candidate’s references and resume.  Online job listing services often do not check qualifications or references.  They simply advise parents to perform those tasks.

     Careful, experienced household staffing agencies are the best way to protect children, but they also help ensure a job seeker’s safety.  Katherine Olson of Minnesota was found dead last October, one day after she responded to an online ad for a nanny job.  The 19-year-old man police suspect placed the ad, where he posed as a parent seeking a nanny, is charged with her murder and awaiting trial.

     A responsible staffing agency knows when one of its job candidates is being interviewed, and the candidate is expected to report in afterward.  The personal contact that a qualified agency provides is an added security measure for both candidates and the hiring families.  That service also increases the chances a family will find a nanny that is right for them and decreases the chances of high turnover of nannies in their employment.

     Additionally, many online job listing services post the nanny candidate’s picture with his or her job profile.  Household employment attorneys do not advise posting candidates’ photos for both safety and legal reasons.  Pictures can be a way for predators to choose victims or for potential employers to discriminate based on legally protected characteristics such as race or age.

     The points listed above are the primary reasons that our organization does not grant membership to job services that operate only online.  Below is a list of some APNA members who would be willing to speak with you if you are interested in more information about the safest ways to find and become household staff.

Sincerely,

Guy Maddalone
on behalf of the APNA Board of Directors

By Lynn Peterson, President of PFC Information Services, Inc.

The quality of criminal background checks conducted by nanny agencies varies greatly. Agency A’s standard background check is a “National Criminal File” search. Agency B’s standard check includes county level criminal checks in the location or locations where the applicant has lived. It sounds as if Agency A’s check is more extensive. Wrong!
In reality, Agency B’s criminal checks are far superior. This isn’t readily apparent because the background screening industry uses confusing terminology to describe its products, and many Internet-based companies deliberately make misleading claims about their criminal checks’ contents.
The Non-Existent Nationwide Criminal Check

The National Criminal File (NCF) search sounds extremely good. However, the truth is that there is no such thing as a nationwide criminal records check. Even the FBI database is not truly nationwide. The FBI database (NCIC) does not include most misdemeanors. Many crime records never reach the FBI because they must be sent from the city and county, to the state. Then, from the state to the FBI, leaving numerous opportunities for a breakdown in the process. Nevertheless, the NCIC is the closest thing we have to a national criminal database, and it is far more comprehensive than the NCF.
The vast majority of data included in the NCF is made up of corrections records from state prisons. Only the most serious criminals are sent to state prison. Our company has been conducting background checks since 1987. We have found criminal records on approximately 7% of the applicants we have checked. Their offenses range from murder to jaywalking. One point to note, most of their convictions are for misdemeanors rather than felonies. Most of these individuals did not even go to jail, let alone serve time in a state prison. Since the NCF includes few misdemeanors, most of their records would never be found through an NCF search.

Case in Point:

One of our clients requested a background check on an applicant who was a CNA at the University of California San Francisco Medical Center. Since she was licensed, she had been cleared through California’s criminal repository. Even so, our client requested a San Francisco county check.
We discovered she had been convicted of killing her boyfriend with a kitchen knife. She was sentenced to one year in jail, then probation. An NCF search would not have found her manslaughter conviction, as she was sent to jail rather than prison. The state repository did not have a record of her conviction, neither did the FBI.

The Claims: 

While many of the companies offering NCF searches claim that data from state criminal repositories, corrections records, county criminal-court records, traffic records, and sex offender records are included, the truth is that these databases contain very little in the way of records from state repositories or county criminal courts. For example, the NCF does not include any data from Arizona’s most populous counties: Maricopa, Mohave, and Pima. Phoenix and Tucson are located in those counties. Arizona is considered a “premium state” by some background screeners because some rural counties are included. You really have to study the fine print to find out what is missing.
The largest of the NCF databases includes criminal repository records from only 10 states. Most of the state repositories include only some misdemeanors or none at all. In our experience, the vast majority of nanny candidates with criminal records have committed misdemeanors, not felonies. Many statewide repositories do not contain records from all counties, as the counties often fail to send records to the state repository.
There is another serious problem with the NCF– much of the data is stale. For example, some versions of the NCF include a “Florida courts database from all 67 counties”. The problem is that the database is only updated every six months, or even less frequently.
An additional problem exists. Most records in the NCF databases do not include identifiers, like Social Security numbers or dates of birth. Run an NCF search on someone with a common name, and you will receive many records that have absolutely nothing to do with your applicant. You will have to request county criminal checks where records are reported to determine whether the NCF records are relevant.

The Most Thorough Background Check: 

Many companies offering National Criminal File (NCF) searches claim that information from state criminal repositories, corrections records, county criminal- court records, traffic records, and sex offender records are included. The truth is that the NCF and similar databases contain very little in the way of records from state repositories or county criminal courts. The most thorough background searches encompass separate state and county checks everywhere the subject has lived.
STATEWIDE CRIMINAL CHECKS:
When the criminal records process works as it should, law enforcement and courts send information about arrests, court filings, and incarcerations to their respective state records repositories. In some states, the records are public. In others, access is limited to law enforcement and the courts.
Unfortunately, the quality of the state repository information varies a great deal. As of 2003, a handful of states still did not use computer editing and verification programs to ensure data quality. Moreover, county courts often fail to send disposition or other information to their state repository, which has a significant impact on the quality of statewide searches.
Our company provides statewide searches for Alabama, Alaska, Arizona, Arkansas, Colorado, Connecticut, Florida, Georgia, Hawaii, Iowa, Kansas, Maine, Maryland, Michigan, Minnesota, Nebraska, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Virginia, Washington, and Wisconsin. Some of these are state repository records searches, and some are criminal court data searches. While there are additional states that allow access to their criminal repositories, data from the other states may be grossly incomplete. From a quality perspective, a county records check may be a better option in the states not listed above.
A word of warning about statewide criminal records: the NCF and some other vendors claiming they provide state criminal checks are actually providing state corrections searches, and calling them “criminal searches.” If a subject has been placed on probation, released from prison, or is sentenced to county jail rather than state prison, it is likely a criminal record will not be found with one of these searches.

COUNTY CRIMINAL CHECKS:

In a location where a statewide check is not a viable option, a county check is the only way to search for criminal records. Despite the inherent geographic limitations of a county criminal search, it is still the prevailing method by which criminal records are checked in the U.S.
It is surprising in this day and age that less than 30% of county criminal records are available online. As a result, in the majority of jurisdictions, a human being must be injected into the research process.
Normally called “court runners”, they are dispatched to a courthouse to check records manually. If there is a match with the subject’s name, the physical case file needs to be pulled and examined to determine whether the defendant’s birth date matches the candidate’s, what the offense was, and whether the defendant was convicted. Because county criminal checks still involve “gum shoe” methods, they take longer than online state checks.

BUYER BEWARE!

The bottom line is that there is no 100% foolproof way to check for criminal records. Record keeping is still so fragmented, it is quite possible you won’t find someone’s criminal past. While some searches are geographically broader that does not mean they are better.
Staffing agencies need to adopt a buyer beware attitude when evaluating background screening firms. While many offer inexpensive checks which are available online instantly, what those companies are really providing is a false sense of security. There is simply no viable substitute for a tightly focused, county court search, and/or a statewide check in the locations where the individual has lived.
PFC Information Services, Inc., in Oakland, CA provides public records research for employers, law firms, corporations, lenders, venture capitalists, the media, and others. Pre-employment background checks are among the public records research conducted by PFC.
PFC is an APNA Sponsor Member & offers discounted rates to APNA members
Tips from PFC Information Services:
 
Parents frequently ask about Sex Offender searches. These searches are free, easy, and available to the public at the U.S. Department of Justice web site: http://www.nsopr.gov This site includes sex offender information from all 50 states. However, some states only provide information on their most serious sex offenders. If you are not routinely conducting this search on all candidates, you may want to consider doing so.

Social Security Numbers
 
Contrary to what many assume, it is not possible to “plug ” a Social Security number into a criminal records database and find all of a person’s criminal convictions. Criminal records are indexed by a defendant’s name. Therefore, the correct spelling of a name is critical to obtaining accurate results. If a person has used other names, they should also be checked. If a name match is found, a date of birth is required to determine whether the records are relevant.

Want to know if a candidate’s Social Security number is valid? Click this box to connect to the free, web site, www.ssnvalidator.com. It will tell you if a SSN has been validly issued, as well as when and where it was issued.

Don’t Get Tripped Up
 
Numerous crime mapping studies have shown that criminals generally commit crimes within 1 or 2 miles of their homes. If you check the locations where individuals have lived and worked, the chances of finding their records are maximized. Therefore, it is critical for an agency to request a Social Security Number verification from its background screening vendor, as the SSN verification includes an address history. This address history should be checked against the candidate’s application for inconsistencies.

Many in the background screening business refer to the National Criminal File as the NCF. However, it is called other things, too. For example, the “National Super Search”; the “National Comprehensive Criminal Check”; and the “Multi-State Criminal Check”.

   APNA Agencies are Experts at Digging into Someone’s Past

     (January 2, 2008) –  The Georgia parents who hired the nanny under investigation for abusing their 13-month old boy had paid for a background check on her.  “What they didn’t know is that the $10 computer background search the online nanny service conducted on their behalf could easily miss past problems,” says Judi Merlin, owner of the Athens, Georgia nanny placement agency A Friend of the Family.  Merlin has more than 20-years experience in the field and is an active board member with the Association of Premier Nanny Agencies – A Household Staffing Alliance (APNA). 
     She continues, “The online agency the family used even has a disclaimer on its web site that the computer background check they run does not cover every state – red flag right there!”  Top notch nanny agencies will require that applicants’ social security numbers are traced to identify every state in which they have lived.  That information is used to check records in those states – a process that costs more than $10.
     APNA Sponsor Member PFC Information Systems specializes in background checks.  Owner Lynn Peterson explains what it really takes to dig in to a nanny’s past.  “I’ve found that most nanny candidates with criminal records have committed misdemeanors which rarely show up on the various nationwide computer searches that are offered.  Felonies are more likely to be listed.  So, the nationwide computer check sounds good, but it probably won’t find a person’s minor run-ins with the law which can tell you a good deal about their past and their character.”
     Seasoned household staffing agencies know of this pitfall in criminal record tracking.  They are also aware of the sad fact that many misdemeanor records that are supposed to be forwarded to state or national databases don’t get sent, get lost or end up misfiled.  That is why they hire experts to help them.  “There is simply no substitute for a county, criminal-court search and a statewide check in every location where an individual has lived,” says Peterson.  “It takes time and knowledge to do it right.  And most importantly, it should be a human being conducting that search, not a computer.”
   “It is very important to work with a staffing agency that knows how to screen and takes the time to interview each job candidate in person,” says APNA Member Stuart Dupuy of Mom’s Best Friend in Austin, Texas.  “Online web sites do not meet nanny applicants.  It’s one of the primary reasons APNA does not accept online agencies as members.”    
     Merlin adds, “The number of families with household staff is growing, and we are working hard to let people know that APNA member agencies provide services that parents should leave to the experts.  Most parents simply don’t know how to analyze a nanny’s resume, run a background check, catch a phony reference or ask the tough questions.  But it’s what agencies do all day everyday.”  Parents who want to make sure they are dealing with a quality nanny service should look for the APNA seal.
 

When moving to a new area the first thing you do is find a place to live.  The next thing you do, if you are a parent, is look for good reliable childcare.

In my opinion, having been in the childcare business for over 22 years, the best option, especially for a child under three, is a nanny.

   The Nanny Advantage

A nanny can make your life easier.  Instead of making your child conform to an adult-centered world by getting them up early in the morning, the nanny can arrive and greet your child upon waking, beginning a day that is centered on your child’s needs.  The nanny plans outings and play dates. The nanny teaches and nurtures.  The nanny may help with laundry, cooking and light housekeeping.  Nannies are truly household partners, and the really great thing is that your child has another person in his or her life to love.

   Finding A Nanny

Choosing a nanny is a very important decision.  There are several ways of finding a nanny: the internet, personal advertising, or a nanny placement agency.  Least expensive is the internet.  Some parents and nannies may get lucky and find the perfect fit, however, given all the horror stories we’ve all heard about meeting someone on the internet, this would not be my choice. 

Advertising also has its drawbacks.  You have to wade through all the people who respond to your ad in order to find someone you like well enough to meet in person.  I have heard many people say that out of 30 responses, three of them sound decent.  Out of those three, two are no-shows and the one who does show up for the appointment turns out wrong for the job anyway.

The nanny placement agency, while the most expensive is also the most convenient and safest option.  Choosing the best agency to help you find the right nanny is as important as hiring the nanny.  Please check out the Association of Premier Nanny Agencies website at www.theapna.org for the best agency in your area. 

   Using A Nanny Placement Agency

The agency’s job is to find the right person for your child.  Expect the agency to begin the process by asking you many questions about your needs, your expectations and the child-rearing values most important to you. Next, the agency begins pre-screening applicants for you.  This is where their expertise really kicks in. They talk to prospective nannies everyday and can quickly assess which applicants you would want to meet.  Agencies consider the personality and lifestyle of the nanny and family when making a referral. They complete thorough background and reference checks on the prospective nannies and present them to you.

You should expect to interview between one to three people but the agency will continue to provide you with candidates until you find the one you like. You and the nanny meet and see if you like each other. If you do, request the agency to arrange a trial day with the nanny.  If it all works out well, then you will be ready to make an offer to the nanny. This can be an exciting yet nerve-wracking time, and again, the nanny placement agency will help you negotiate a compensation package that is fair and reasonable to both parties. Remember, the nanny is your employee and you are responsible for payroll taxes.

   The Cost of A Nanny

Full time nanny salaries are $2400 to $3200 per month depending on experience.  However, more and more people are using temporary nannies to help when daycare or school is closed or for an ill child.  Temporary nannies make between $13 and $17 per hour.  Part time nannies make between $15 and $20 per hour.

   The Perfect Fit

However you choose a nanny, be sure that it is a good fit.  Your child may be spending more time with the nanny than with you.  He should absolutely adore his nanny.  A good nanny is a nurturer, “born, not made” and truly loves working with children.  When you find that special person, your life and your child’s will be blessed.
©Annie Davis, CEO Annie’s Nannies Household Staffing, APNA President

Legally Nanny’s Bob King, was recently interviewed by the Los Angeles ABC News regarding websites and blogs for reporting nanny behavior. 

“Many nannies post ads on Craig’s List. You can do that, but you never know who’s going to show up at your door. They haven’t been vetted, they haven’t been matched and it’s perilous for both parties,” says attorney Bob King.

Read the entire article here: http://abclocal.go.com/kabc/story?section=local&id=5772084

Nanny Agencies Protect Children & Nannies
Minnesota Woman’s Death may be Linked to Online Job Ad

     (October 2007) –  “Parents who use a staffing agency to find a nanny do so as a way to protect their children, but agencies also help ensure the nannies’ safety,” says Annie Davis,  president of the Association of Premier Nanny Agencies-A Household Staffing Alliance.  The apparent murder of 24-year-old Katherine Anne Olson of Minnesota is prompting this APNA alert.  Olson was found dead the day after she responded to an online ad for a nanny job.  The 19-year-old man police suspect placed the ad is under arrest in connection with Olson’s death.

     “We gather a good deal of information about our clients before we begin working with them to find household employees,” says Denise Collins, an APNA board member and owner of Aunt Anne’s In-House Staffing Agency in San Francisco.  “If anyone we send to be interviewed has a bad experience with the potential employer, we will follow up.  If we discover that the client is consistently unpleasant, or worse, we will terminate our contract with them.  On top of screening families, we know when they are interviewing a job candidate, and all parties know we are waiting to hear how it went.”

     “Online ads may seem like the answer in a busy world, but staffing agencies are still the safest, most effective way to make household placements,” says APNA Board Member Guy Maddalone, CEO of GTM Household Employment Experts in Clifton Park, New York and author of How to Hire a Nanny.  “Families and job seekers should look for the APNA seal when choosing an agency to help them.”

     APNA was founded in 1993 with the intention of raising the bar in the household staffing industry, and many APNA members are pioneers in the field.  The APNA seal is like a Good Housekeeping seal of approval for nanny and household staffing agencies.  Go to http://www.theapna.org/ to find an APNA agency in your community, as well as valuable information for families and people seeking household jobs.

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How to find a nanny
Finding a nanny isn’t that difficult. But finding a reputable, trustworthy nanny who is a great fit with your family could be tougher. You have two choices. You can choose an agency, which charges a fee but includes background checks and pre-screening of potential applicants.

You also can find a nanny on your own. Annie Davis, president of the Association of Premier Nanny Agencies, offered tips for nanny-seeking parents:
• Use an APNA member agency. Only select agencies are allowed to join the association, based on ethical and professional standards. A+ Nannies Inc. in Scottsdale (480-699-7558, http://www.aplusnannies.com/) is the only agency in Arizona affiliated with APNA. If you’re not using an agency, visit http://www.theapna.org/ anyway, and look over its standards for your own use.
• Check the nanny’s background. Davis said most agencies she works with include criminal-history and motor-vehicle background checks on every applicant as part of the regular agency fee paid by nanny-seeking parents. These checks should turn up dicey bits of someone’s past, including items that may be expunged from an applicant’s record. If you don’t use an agency, Davis said, some agencies conduct background checks as an a la carte service for clients who otherwise are not using the agency in their nanny search. Do your own homework, too. Check local Web sites such as http://www.supreme.state.az.us/ (search “Public Access-Case Lookup”) and http://www.superiorcourt.maricopa.gov/ (search “Case Information”).
• Check, interview and check again. Davis said anyone looking for a nanny should interview the applicants extensively. The person you eventually hire will be caring for your children and in your home about as much, or more often, than you are. The person needs to be a good fit. Request a resume, check every reference and visit several times before making that final decision.
• Sign a contract. Agencies will provide contracts for their parents and nannies. Those searching without the help of an agency should draw up their own contract or even pick up an inexpensive generic contract at an office-supply store. Davis said a contract is essential, so both parties know what is expected.

In the considerable canon of nanny fiction, there are four themes:
1. Nanny is wise
2. Nanny is magical
3. Nanny is British
4. Nanny is destined to fall in love with the single father she works for.

‘People have had different ideas about nannies,” says Annie Davis, the head of Annie’s Nannies Household and Childcare Staffing Agency in Seattle  and president of the Association of Premier Nanny Agencies. She notes that real-life nannies have been much maligned, while fictional nannies have been painted as saints. “They’re not saints — no one is,” says Davis. “Everyone has something that’s a little wrong with them. You can have someone who’s absolutely perfect with the children who doesn’t pick up after themselves. It depends where your priorities are.”

And while nannies may have inspired some of our most classic tales, in reality they’re just “nice people who are doing a much-needed job,” says Davis.

We asked Davis to weigh in on the professionalism of some of these iconic nannies — and not all of them would have made it on her roster.
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