IOOF Seniors Homes Inc. Policy And Procedures

Manual:
Human Resources / Chapter:
Recruitment and Selection / Policy No.
HR 03-01-07
Subject:
Vulnerable Sector Screen/Criminal Reference Check
previously called Criminal Reference
Check / Effective Date:
May 01, 2013
Standard:
Long-Term Care Homes Act, 2007 Sec 75(2) and Ontario Regulation 79/10
Youth Criminal Justice Act, 2003 / Cross Reference:
HR 03-00-02
VOL 03-00-05 / Supersedes:
March 01, 2013
Page:
Page 1 of 6

POLICY:

TheIOOF Seniors Homes Inc. (Corporation) requires that an acceptableVulnerable Sector Screen combined with a Criminal Records Checkbe provided by all new employees, contracted services,and volunteers.

Vulnerable Sector Screens are a precautionary measure to determine whether persons working with or providing services to vulnerable adults have a criminal history which could potentially make them unsuitable for certain positions of trust. Results of this search will be used in the evaluation process to determine final suitability for employment or volunteering. The information provided in a Vulnerable Sector Screen is only one type of criteriaused in the hiring decisions of the Corporation.

All information obtained through a Vulnerable Sector Screen is for the sole purpose of decision-making as it pertains to employment or volunteerism and will be kept strictly confidential.

DEFINITIONS:

Vulnerable Sector Screen–this is authorization for the police service to carry out a reference check on their data bank for available information about you. The screening process will search for any information on your file including: criminal convictions, outstanding charges before the courts, police contacts including but not limited to theft, weapons, sex offences, or violent/harmful and threatening behavior, pardoned criminal convictions, probation information, restraining orders, prohibitions such as firearms, driving, federal and provincial parole information and information relating to whether you are suspected of committing a criminal offence or are involved in a serious criminal investigation. A check done through the law enforcement authorities onindividuals to determine whether they have a record of criminal offence convictions may involve both a local record check and a nationwide check.

Offences that potentially could be relevant to the service(s) provided include, but

are not limited to:

  • physical or sexual assault
  • any offence involving the use of threats or violence
  • theft or fraud
  • break and enter
  • property-related crimes
  • drug-related offences, such as trafficking of controlled or restricted drugs
  • failure to provide necessities of life or criminal negligence causing death or bodily

harm to someone for whom the person was a caregiver or in a position of authority

or trust

Vulnerable Adults - In this Corporation seniors and disabled adults are considered to be

vulnerableif for any reason they may have difficulty ensuring their own safety and protection which may be due to a physical, cognitive or developmental challenge.

Contracted Services – refers to contracted services such as the Spiritual and Religious Care Coordinator, Chiropractor, Dietician, Rehab Therapist(s), and Hairdresser who are on site daily or regularly and whose work directly involves the Residents.

PROCEDURES:

  1. During the recruitment process, the prospective employee, contracted service or volunteer is advised that a ‘Vulnerable Sector Screen’ including a vulnerable sector screening is required. In compliance with the Long-Term Care Homes Act, 2007 the “original” Vulnerable Sector Screen result must be presented prior to and dated no later than six months from start date of working or volunteering with the Corporation. Failure to provide this check will preclude the candidate from employment and/or volunteerism with the Corporation.
  1. As per the Youth Criminal Justice Act, police departments will not release information regarding criminal records of juveniles to corporations such as the IOOF Seniors Homes Inc. Therefore as an alternative screening measure for those under the age of 18 years, two (2) written character references shall be obtained from a reputable source such as teachers, guidance counsellors, principals, and employment supervisors, attesting to the juvenile’s good character.

As well, juveniles can obtain access to their own criminal record under provisions of The Privacy Act. Therefore, when hiring a juvenile, if the character references provided raise concerns or if no written character references are provided, then the Corporation may request that the juvenile access their own criminal record and provide the record of information to the Corporation.

  1. The candidate must sign a “Declaration - Vulnerable Sector Screen” form (attached) in compliance with legislative requirements.The form must be signed bytheirDepartment Head/Board Chair and the Chief Executive Officer (CEO) or Director of Human Resources. The Director of Human Resources/Director of Program Support & Volunteer Services retains the form on file with the completed acceptable Vulnerable Sector Screen.
  1. Existing Employees and VolunteersInternal moves –If an existing employee, contracted service and/or volunteer has not provided a Vulnerable Sector Screen, the Corporation requires these individuals to provide a current one before acceptance of the applicant into a new position.This would include anyone associated with the Corporation prior to the year 2005. Appropriate direction will be provided from the Director of Human Resources when this situation occurs.
  1. Cost of a Vulnerable Sector Screen - Prospective employees, contracted services and volunteers are required to pay the fee for a Vulnerable Sector Screen. The Corporation will reimburse the fee for acquiring a Vulnerable Sector Screen for existing employees transferring to a new position. The appropriate Department budget will be responsible for the cost involved.

Volunteers, if requested, will be reimbursed immediately upon their acceptance and when they provide a receipt. Some police jurisdictions will waive the fee for volunteer Vulnerable Sector Screens, provided a letter confirms their volunteer application with the Corporation. The Director of Program Support Volunteer Services will providesuch a letter.

  1. Vulnerable Sector Screen Outcomes:

Negative Vulnerable Sector Screens:

If there is no criminal record on file with any police service (i.e. the check is negative), the applicant will receive documentation that indicates as such. Once the individual receives the Vulnerable Sector Screen, that original document must be forwarded to the attention of the Director of Human Resources/Director of Program Support & Volunteer Services.No faxed or photo copies will beaccepted under any circumstances.However, the Corporation will authenticate a photocopy provided an original is presented, make a copy, initial as receiving original and return original to employee.

With proof that there is no record of criminal conviction(s), the Corporation will proceed with acceptance.

Positive Vulnerable Sector Screens:

If there is a criminal record on file with any police service (i.e. the check is positive), the applicant will receive documentation that indicates the date(s) and nature of the conviction(s). If there are outstanding charges not yet dealt with, these would also appear on a Vulnerable Sector Screen. If the candidate wishes to continue the job/volunteer selection process with the Corporation, he/she is obligated to submit a copy of their Vulnerable Sector Screento the Director of HumanResources/Director of Program Support & Volunteer Services who will interview the applicant, request appropriate details of the circumstances surrounding the offence(s) and discuss the findings with the candidate. The Director of Human Resources/Director of Program Support & Volunteer Services will also discuss the matter with the CEO and related Department Head(s). The results of the Vulnerable Sector Screen are confidential.Only the CEO,Director of Human Resources/Director of Program Support &Volunteer Services, and the related Department Head(s)will have access to it.

The presence of a criminal record does not require an automatic withdrawal of the

verbaloffer of employment, contracted service or volunteer acceptance.In

deciding whether or not to hire the applicant or accept the volunteer, the CEO,

the Director of Human Resources/Director of Program Support &Volunteer

Services and Department Head(s) concerned shall consider:

  • the number and nature of the offence(s) for which the person was convicted
  • length of time since the conviction(s)
  • rehabilitative efforts made by the candidate or accomplishments of person since receiving conviction
  • the duties for which the applicant is being considered
  • the relevance and risk of the offence(s) to the safety and security of the Corporation as it relates to the performance of the duties of the position

All decisions regarding a candidate where a criminal charge exists will be at the final discretion of the CEO. When making a decision, the primary principle is the best interest of the Corporation. The CEO shall act with due caution and due diligence in weighing the hiring or retaining employees, contracted services or volunteers who have criminal records or who have been convicted of other offences that may be relevant to the nature of the employment services and a risk to the health, safety or well being of Residents.If the CEO is not fully convinced that the applicant’s record offers no risk, then the offer of employment will be withdrawn or the application will be turned down,and the candidate will be advised by the Director of Human Resources/Director of Program Support & Volunteer Services.

Notwithstanding this policy, the Corporation will comply with its obligations under any Collective Agreement that may be in force at the time and any Human Rights Legislation as relates to employment and volunteerism recruitment practices.

  1. Annual Vulnerable Sector Screens:

The Corporation shall randomly select six (6) participants from the employee, contracted services and volunteer groups to have a formal Vulnerable Sector Screen completed on an annual basis.

At any time the Corporation reserves the right to request a formal Vulnerable Sector Screen.

Should an employee/volunteer be charged with a criminal offenceduring the course of their employment, contracted service or volunteerism, they shall be obliged to inform the Corporation.Proven failure to do so will result indisciplinary action up to and including discharge.

  1. Record Keeping

Authenticated copies of original Vulnerable Sector Screens will be kept on file. All information shall be used for its intended purpose. Documents pertaining to the

Vulnerable Sector Screen/vulnerable sector screen process must be stored in a secure location such as the employee or contract file or volunteer record.If a decision is made to hire a candidate where a criminal record exists, the information from the check is inputted into a confidential file or record along with the rationale for the recruitment decision. It may be referenced in future only by the CEO or designate and only in circumstances that relate to future employment, contracted services or volunteering decisions within the Corporation.Vulnerable Sector Screens for Board members will be kept confidentially in one file in the same locked filing cabinet as the managers’ employee files in the Human Resources Department. This information will remain on file until termination of employment/volunteerism.

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Chief Executive OfficerDate

IOOF SENIORS HOMES INC.

CRIMINAL RECORD/VULNERABLE SECTOR SCREEN DECLARATION

The Long Term Care Homes Act, 2007, Ontario Regulation 79/10 and CorporatePolicy HR 03-01-07 Vulnerable Sector Screens requires that all new Employees/Board Members and Volunteers who have joined the IOOF Seniors Homes Inc. (Corporation) are required to provide a current Vulnerable Sector Screen/Vulnerable Sector Screen and sign the following declaration.

The criminal reference/vulnerable sector screen check must be,

(a) conducted by the local police department where the declarer resides; and

(b) conducted within six months before the employee is hired or the volunteer is accepted by the licensee.

The Vulnerable Sector Screenwill determine the person’s suitability to be a employee or volunteer in a long-term care home and to protect Residents from abuse and neglect.

The declaration is:

While it may not necessarily affect my employment/volunteerism with the IOOF Homes, I understand and acknowledge that should I be charged with criminal or related offence(s) at any time during the course of my association/employment with the Corporation, I am obliged to inform the Corporation when such charges occur. Proven failure to do so will result in disciplinary action and/ or termination.

I do solemnly swear, I have not been charged or convicted under the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada) or the Food and Drugs Act (Canada) nor received any orders of a judge or justice of the peace in respect of an offence under the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada) or the Food and Drugs Act (Canada), including a peace bond, probation order, prohibition order or warrant.

I also swear there are no restraining orders made against me under the Family Law Act or the Children’s Law Reform Act.

I further acknowledge that at any time the IOOF Seniors Homes Inc. (Corporation) reserves the right to request a current Vulnerable Sector Screen/Vulnerable Sector Screen.

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Declarer Signature(employee)Date

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Declarer Name (Printed)(employee)

______

Director Human ResourcesDate

Note: This form must be completed and returned to your immediate supervisor and be put into your Employee File

HR-03-01-07 Revised May 01, 2013