2010 Annual APNA Conerence set for Scottsdale AZ

April 17th, 2010

APNA member’s, non-members, agency owners and staff alike, we invite you to join us in beautiful Scottsdale, Arizona October 14th-17th, 2010 for the 17th Annual APNA Conference!

Mark it off on your calendar because you are not going to want to miss it! In addition to the innovative and interesting agenda we have in store, you are going to love brainstorming and networking poolside at the luxurious Firesky Resort and Spa (www.fireskyresort.com). A desert-urban oasis nestled conveniently in downtown Scottsdale, the Firesky is a must see. Our attendees will be just minutes away from renowned restaurants, Fashion Square mall, museums, art galleries and other local hot spots—you and your staff will enjoy every spare minute!  Click here to learn more.

Greenwich Nanny’s Arrest Prompts Hiring Advice By Marc Lenes, Wee Care Nanny Agency

August 13th, 2009

On June 1, 2009, the Greenwich Times http://www.greenwichtime.com/ci_12496985 reported on the arrest of a live-in nanny working in Greenwich, Conn. She was charged with first-degree larceny, eight counts of third-degree forgery, eight counts of fraudulent use of an ATM card and breach of peace. The article discusses how the woman would ace her job interviews, get hired and then go on to defraud her employers. Apparently, she became very adept at her practice as she moved from family to family applying her deceitful trade.We are always dismayed to read about the “bad apple” getting picked for such an important job. When you allow someone into your house, you should know who they are, said Detective Pasquale Iorfino of the Greenwich Police Department. We could not agree more. Unfortunately, more often than not, extensive screening and background checks are not properly conducted or done at all. We were disappointed (at the risk of sounding self-serving) that the article quotes the owner of a Web based “nanny” site for tips on screening and hiring a nanny. Mr. Lambert, the founder of Enannysource, stated that “screening is the most important part of the hiring process.” That is absolutely true. However, these online listing sites by their very structures are unable to thoroughly screen a candidate. In fact, Web based sites contribute to many parents false sense of security in hiring a nanny.  In effect, they are online databases with no barriers to entry.  Anyone can post their profile and hold himself or herself out as an experienced and qualified caregiver. They merely list available jobs and caregivers and then offer an a la carte background check. Furthermore, many online sites advertise “National Criminal Checks” which can be very misleading. Those checks will often only determine if the subject was incarcerated in a state prison.?� Many online sites omit to inform you that those searches will not turn up persons that were convicted of a crime but not imprisoned or that served time in a county jail. Therefore, depending on the state, a county by county or statewide criminal check should also be done where the domestic worker has been shown to reside. Since the hiring process can be overwhelming to a lot of families, we wanted to offer some additional practical advice. Most importantly, it is vital to meet and get to know the potential nanny in person. Together you should go over a detailed employment application and zero in on gaps in work history, discuss previous jobs and gauge responses to gently probing questions. For example, last week we had a nanny come in to register who seemed perfect. She was charming, sweet, athletic, a college graduate and had a recent six-year reference working with 3 children in the Tribeca section of Manhattan. However, the reference fell apart because the candidate told us she always lived in with the family but property records showed the apartment was only 600 square feet. Not a very likely scenario for a live-in job with a supposed family of five. Do online nanny sites expect a potential employer to think about that scenario or research it?Again, we recognize this sounds self-serving, but it is difficult to properly vet a potential in house employee without being a seasoned interviewer. It’s imperative to be able to recognize some common red flags from the prospective employee and/or her references. They include:
 -
Past employers who do not have a landline and can only be reached on a cell phone.
 - Past employers who do not reside in areas employing a high concentration of nannies and other domestics.
 -  Tenuous explanations for wide gaps in employment.
 -  Unstable work history.
 - Inability to provide authentic and valid federal and state photo identification.
Oddly enough, in my experience I have found that if a candidate is too perfect or throws around high profile names of previous employers, it’s usually a red flag that warrants a lot more digging. The stakes are too high to trust without verifying first. We hope this helps.

Nanny 911: Seeking Temp Sitters by Shivani Vora WSJ.com

April 2nd, 2009

Seeking Mary Poppins in a pinch? Finding a trustworthy babysitter can be a challenge, especially at the last minute.

Nanny agencies promise to deliver competent temporary child care for a few hours up to several weeks. We put four to the test. We tried three local agencies: Babysitter’s Guild in New York City, North Shore Nannies in Chicago, Annie’s Nannies in Seattle. In Miami we used Nanny Poppinz, which operates in 33 U.S. cities.

We chose these agencies because they put their nannies through a rigorous screening process, requiring substantial previous child-care experience and a minimum of three references. Most are CPR certified. (Other services charge a fee for access to a list of available babysitters in their area. These sitters, however, aren’t reference checked.)

Each agency says it matches sitters with a family’s needs — if you have a newborn, for instance, you’ll be sent a sitter who is well-versed in baby care. Fee structures vary, but each service has a four-hour minimum and was amenable to same-day requests, though they might charge extra for the service.

While we left our children alone with the sitters for part of the time, we also stayed around and blended into the background to observe them interacting.

Calling up the Babysitter’s Guild in New York and requesting a nanny for our 10-month-old daughter a few days in advance took about five minutes. We were asked her age, any special requests and then walked through pricing. At $25 per hour for one child, it was the priciest in the group.

As a unique touch, the agency, which has been around since 1940, sends its sitters on jobs with toys and books suited to your child’s age. However, we weren’t told about this perk.

Our sitter, a woman in her early 50s, arrived 10 minutes early on a Sunday afternoon and immediately washed her hands. Our daughter is going through separation anxiety and cried when the sitter picked her up, but after a few minutes of play, the tears turned into smiles. We found the sitter to be warm, gentle and knowledgeable — she knew how to make formula, operate the stroller and heat up and feed our daughter her dinner.

Our only gripes: She didn’t do a thorough job of cleaning up. She rinsed out the baby bottle, but left it filled with water instead of placing it on the drying rack and was about leave without picking up the pile of clothes hangers on the floor that our daughter was playing with. She put them away after we asked. The Guild’s agency manager Heidi Davalos said that “cleaning in all aspects [related] to the child’s care is absolutely part of the job and should have been done.”

The sitter also didn’t offer us any of the toys that she was supposed to bring. Ms. Davalos said that sometimes nannies don’t if the child already has a lot to play with.

On a recent family vacation to Miami, we wanted a sitter for a few hours a day for our then 9-month-old and called Nanny Poppinz, an agency with 33 independently owned locations nationwide recommended to us by our hotel.

The Miami office serves the city and surrounding areas, and charges a $40 per day placement fee and an hourly fee of $12. The hiring procedure was the same as with Babysitter’s Guild. One difference: We were charged $120 ahead of time for three days of use.

Our nanny, a woman in her 40s, needed some guidance on bathing our daughter and making her formula when she first arrived, but was otherwise exceptional. She took the baby on walks around the hotel, played with her on the beach, helped us pack for the trip back home and even made her baby food. We asked for two last-minute changes and she accommodated both — once we requested that she arrive at 8 a.m. instead of 2 p.m. Another time, we decided to go out for dinner at the last minute and asked her to stay late. The agency says clients usually have flexibility in changing timings.

The child-care dynamic shifted from babies to tweens in Chicago, where we used North Shore Nannies, which serves the city and some suburbs to the north. The agency charges an hourly rate of $12 and a $25 fee every time a client books a sitter. Within a half-hour of booking a caregiver for a Sunday afternoon for our 11-year-old son and 9-year-old daughter, our sitter, a college undergraduate, called and asked if we had any questions. She was friendly, and we found her to be experienced and capable.

When we got back home after being out for a few hours, the sitter had walked our daughter to a friend’s house as we had asked. Before that she had played school with the kids and watched some television with them. Our daughter reported that the sitter was texting on her cellphone, but that was only while our son was preparing a test for her on ancient Egypt. We considered the arrangement a success since both kids liked her company and asked if she would babysit again.

In Seattle we turned to Annie’s Nannies to find a sitter for our nearly 2-year-old son and 5-year-old daughter. We called the day before our Saturday night request and were told we would have to pay a $15 emergency fee for same-day and next-day requests — on top of the $40 daily placement fee and an hourly rate between $13 and $15, depending on the nanny. (Customers who pay an annual $250 membership fee pay a $20 daily placement fee and get other perks).

A few hours later, our nanny, a woman in her early 40s, called to confirm the time and address and asked if our children had any allergies.

The sitter was warm with the kids and wasn’t at all phased by our son, who is in a rambunctious phase where he runs around the house in circles babbling loudly. When we returned four hours later, she gave us a full report on the children, including telling us what they ate for dinner. She also did all the dishes and neatly stowed the leftovers in the fridge. We were pleased and so were our kids. Our daughter’s verdict: “She was kind of nice. When she was gone, I missed her.”

Overall, our experience with the temporary nanny agencies was more than pleasant. The four babysitters we tried were highly capable and great with our kids. We would turn to the agencies again for last-minute child-care emergencies or whenever we need an extra hand.

The most challenging part about letting a new person take care of your kids is the uncertainty of their qualifications and references. These agencies do the work for you and give you assurance that your children are in good hands. And, as any parent knows, that’s invaluable.

- Lori Barrett and Nick Wingfield contributed to this article

When the Going Gets Tough, Some People Lay Off the Nanny as seen in the Wall Street Journal by Miriam Jordan

December 16th, 2008

For over eight years, Dolores Jacobo earned her place as an integral member of an affluent Malibu, Calif., household, where her workplace is a six-bedroom, nine-bath beachfront home with a private movie theater.

Hired to be the nanny of twin 3-month-olds, she stayed with the family after the girls started school. She transitioned from pushing strollers to shopping for groceries and ferrying the family’s golden retrievers to grooming appointments. Her employers, she explains, “have busy lives” that include volunteering at school, going to the gym, visiting the chiropractor and getting various beauty treatments, like facials, manicures and pedicures.

Later this month, however, this household chief operating officer will fall victim to downsizing. She says her employers tearfully informed her that her $1,000-a-week position is being eliminated. “They told me they had to cut expenses 75%,” says Ms. Jacobo, whose employer declined to be interviewed. “I am heartbroken.”

The weak economy is wiping out a symbol of the wealth boom: the megananny and other high-end help.

The luxury of household help, often in the form of immigrant labor, blossomed with the thriving economy. Some nannies came to oversee entire households. Now, the dive in the value of stock portfolios and real estate has caused even prosperous families to review their finances and make new plans. People unaccustomed to doing their own housework are dealing with dirty laundry and mowing their own lawns.

Staff Cuts
“Household help is one of the first luxuries to disappear from the budget,” says Erin Krex, owner of an agency in Chicago called First Class Care. Betsy Watson, owner of In a Pinch Inc., which supplies household staff to families in 11 New Jersey counties, reports that business is down about 30% so far this year. Annie Davis, chief executive of Annie’s Nannies Household Staffing in Seattle, estimates a drop of 10% so far this year, and says, “It’s going to get worse.”
Annie Davis
“These days, we are doing far more severance agreements and a lot fewer employment agreements,” says Bob King, an attorney in Irvine, Calif., who runs Legally Nanny, a household-employment law firm.

Maids, butlers and chefs long have served wealthy people in New York, Palm Beach and Beverly Hills. But since the 1990s, household help has become accessible and even de rigueur for many middle-class families. The number of domestic placement agencies jumped to about 500 today from about 30 just 15 years ago. Nanny job listings mushroomed on the Web, and competition for the best help was fierce. Illegal immigrant labor was especially plentiful and cheap.

Casting Off Chores
Dual-career couples got used to the help, which relieved them of mundane tasks and enabled them to maintain fast-paced lives. As the economy boomed, stay-at-home mothers and middle-class families in cities and suburbs across the U.S. also discovered the convenience of having nannies and other domestic servants. Homeowners cast off their shovels and garden hoses. Baby-sitting and car-washing were no longer chores for teenagers eager to earn pocket money.

Now, the boom that was many years in the making is deflating in an instant. Waiting rooms at agencies in Los Angeles, Chicago and Seattle are packed with these foreign workers, but prospective employers are in short supply. Financially pinched families are scaling back nanny hours, seeking “nanny shares” or reluctantly adding their children’s names to waiting lists at day care centers.

A “nanny share” ad placed by Michael Fields on Craigslist in Los Angeles reads, “The recent economy woes have me taking less of a salary…” Mr. Fields, manager of a window-manufacturing company, says his six-figure salary will be slashed by 45% come January. For his 6-month-old baby girl, Brooklyn, “we didn’t want to do the day-care thing, and now we’re having to look at different options.”

In Great Falls, Va., a Washington suburb, homeowner Rachel Rothstein says the entrenched attitude has been: “Blowing leaves, forget that. Shoveling snow, forget that.” Ms. Rothstein realized times had changed when she spotted her neighbor at work in his yard the other day. “He was putting down seed and fertilizer,” says Ms. Rothstein. “It struck me. I have never seen him out there. It was always the lawn service.”

On a recent morning, it was standing room only in the waiting room at DDL Domestic Agency in Los Angeles. Nannies, houseboys and cleaning ladies hungered for work. But “business is dead,” says agency owner Doris Dorenbaum, brandishing the only three active employer files. Two years ago, she says, the agency had more families seeking help than she could service.

Applicant Alba Monterrosa, 31, showed up with a reference letter depicting the El Salvadoran immigrant as “honest, hard-working, loving, responsible and a pleasure to be around,” as well as exceptional with children.

The family that hired her on a full-time basis in 2004 is now using her only sporadically, when Addie, 5, and Alexa, 3, are sick or when their mother, Suzanne Sirof, is under the weather.

Ms. Monterrosa, a single mother of two who earned $600 a week, says she is desperate for work because she is falling behind on her car insurance and rent payments. Her mother, a housekeeper, has also seen her work days curtailed.

“I can’t afford to buy my own children shoes,” Ms. Monterrosa says, wringing her hands. Weekend excursions to Denny’s and Chuck E. Cheese’s with the two teenagers are a thing of the past, she adds.

‘Second Mom’
A stay-at-home mother whose husband is a litigation attorney, Mrs. Sirof says that Ms. Monterrosa was a “second mom to my kids.” Ms. Monterrosa was there when she suffered a bout of depression and when she went on spa trips or outings to get Botox and Juv?�derm injections, says Mrs. Sirof.

But a few months ago, the family decided they couldn’t afford Ms. Monterrosa anymore and let her go.

Mrs. Sirof’s daughters took the separation badly. They inquired incessantly about “Vita,” as they called her. Normally a lively child, daughter Addie became sad and withdrawn. A doctor Mrs. Sirof consulted suggested renewed contact with Ms. Monterrosa.

“I try to have Alba come once a week,” says Mrs. Sirof. She says she feels “horrible” about laying off Ms. Monterrosa. But there are some perks she isn’t willing to give up. “Nothing deters me from my Botox treatments.”

Pay your nanny tax nominated or not Kayce T. Ataiyero | Consumerland

December 16th, 2008

Nancy Killefer’s decision Tuesday to withdraw her candidacy to join the Obama administration over her failure to pay taxes for household help puts the spotlight on a dirty little open secret in the home-help industry nearly everybody does it. Or, in this case, doesn’t do it.

The problem of neglecting to pay taxes for household employees seems to rear its ugly head each time a new president tries to get a Cabinet confirmed. Remember Bill Clinton’s Zoe Baird debacle? But those in the household employment industry say the issue isn’t limited to wealthy, high-profile employers. Every day, nannies, housekeepers and other workers toil in middle-class homes for employers who don’t pay the required taxes, leaving the workers without unemployment or Social Security benefits, experts say. Some in the industry estimate that as many as 80 percent of these families don’t pay employment taxes.

There are a variety of reasons these taxes aren’t paid. A large segment of the home-help industry is made up of immigrants who can’t work legally. In the case of nannies, long a cash profession, many balk at the idea of having taxes taken out of their pay, experts say. Paying the tax also can price families out of the market, said Joy Lichterman, an owner of Chicago Nannies.

Lichterman said her agency walks clients through the tax requirements of hiring a nanny but that it’s ultimately on them to pay up.
“We are talking about the top 10 percent of the population who can afford domestic help, who can afford to pay someone $12 to $15 an hour, and those types have accountants,” Lichterman said. “We are also dealing with a fairly educated group of people. ‘I didn’t know’ often doesn’t fly.”

Some well-intentioned families fail to pay as they get distracted by all of their other household responsibilities, said Tom Breedlove, an owner of Breedlove and Associates, a domestic payroll service in Texas that helps employers comply with the law.

“They are worried about bonding with the new nanny, getting back to work, and the next thing you know tax filings are due and they haven’t done it right and they throw up their hands,” Breedlove said.

Bad idea, said Bob King of Legally Nanny, a California firm that advises household employers on legal and tax issues. King said if you file a tax return without paying household employment taxes, you’ve committed tax fraud and perjury.

If you’re caught, King said, you’ll pay back taxes, penalties and interest at least.

“I hear from people who say they are not trying to be a judge or an attorney general anytime soon so they think it doesn’t matter,” King said. “But what if they let the nanny go and she goes to the unemployment office and they search the records and contact the tax authorities?”

Denise Collins, vice president of the Association of Premier Nanny Agencies, said the consequences are even worse for the employees who will find themselves without a safety net when they retire.

“You’re looking at over a couple of million people who work in this field, people who decided to make it their livelihood for 20, 30, 40 years and who are going to want to draw from Social Security and there will be nothing there,” she said.

What you owe

The government views a household employer essentially as a company. If you paid help in your home more than $1,600 in 2008, you generally must withhold 7.65 percent of the employee’s wages and pay that, plus a matching amount from you, the employer, to the IRS for Social Security and Medicare taxes.

In addition, the employer pays a matching amount to the IRS. You may also be on the hook for unemployment insurance. For past years unpaid, you must file an amended personal tax return.

Family Secret: More Parents Are Avoiding the Nanny Tax

November 5th, 2008

A funny thing happened on the way to the Internet age: A lot of parents stopped paying the nanny tax. Household-employment tax filings for nannies and other domestic workers fell 10% in the five years ended in 2006, based on the latest Internal Revenue Service data — a period when the number of domestic employees actually rose, according to Labor Department data. Since 1996, filings are down 26%, to 225,441. Growth in online hiring, and the casual, cost-averse attitudes of parents who find their nannies on the Web, are among the causes, parents and industry sources say.
It’s never wise to evade taxes, but the trend poses particular risks now. The slumping economy means more nannies are likely to be laid off and then file for unemployment benefits, drawing the scrutiny of tax regulators, attorneys say. Also, avoiding the taxes leaves nannies devoid of a safety net, including Medicare and Social Security benefits, in an era when they may need it more than ever.
Of course, paying nanny taxes is about as much fun as having a root canal. People who pay household workers more than $1,600 a year are required to file onerous paperwork to cover Social Security and Medicare taxes of 7.65% of gross pay; federal unemployment insurance of 0.8%; state unemployment insurance, usually of 2% to 4%, and other state and local taxes. The employee’s share is another 7.65% for Social Security and Medicare, plus any state and local taxes. Many parents spend $30 to $70 a month to have a payroll service handle all the red tape.
In the past, parents more often hired full-time nannies through brick-and-mortar agencies, which often exerted arm-twisting to persuade both parents and nannies to pay taxes. Also, periodic derailings of presidential cabinet appointees over nanny-tax violations, including most recently failed Bush nominee Bernard Kerik in 2004, highlighted the hazards for scofflaws.
Of late, however, online hiring and a related trend toward more fluid, short-term and part-time nanny employment have damaged compliance, say Web-site operators, payroll managers, attorneys and nanny-agency owners. An estimated 30% to 50% of nanny hires are now done online, up from about 10% five years ago. In general, that may lead to “doing things a little more casually,” says Monta Fleming, president of GoNannies.com, an employment site.
Care.com, another online nanny-placement service, has seen a 17% increase in part-time postings since a year ago, as parents “try to figure out how to save money,” says founder Sheila Marcelo. Few parents think of providing benefits of any kind to part-timers; one New Hampshire mother says “it doesn’t make sense” to go to all the trouble of withholding taxes for her part-time nanny.
Many nannies hired online assume they’ll be paid cash. To avoid this, Marijo Montgomery, a Mullica Hill, N.J., parent, has begun specifying “no pay under the table” in nanny ads she posts online, she says. In other cases, scofflaws employ undocumented immigrants. Still others simply don’t see a payoff in filing taxes. After talking to a friend who does so, says a San Diego mother of two boys, “it sounded like a lot of work, and neither party wins — we pay more and the nanny gets less.”
In truth, both parties stand to lose from evading taxes. One parent who paid his nanny cash fired her last month, only to be found out by state officials after she filed for unemployment benefits, says Bob King, an attorney and founder of Legally Nanny, an Irvine, Calif., employment-services firm. While nannies in these cases may find themselves on the hook for some back taxes, parents face a much larger hit, including both the nanny’s and the employer’s share of payroll taxes, plus interest and penalties.
Complying with tax laws, on the other hand, enables parents to set aside up to $5,000 in pre-tax income for child-care expenses. It also extends to the nanny Social Security and Medicare benefits. “If parents really care about their nanny and love her, as so many families do,” says Steve Lampert of eNannySource.com, an online search service, “then it’s the right thing to do for her.”
For other parents, it’s even simpler. Although Dina Appleby, Kennett Square, Pa., and her husband don’t enjoy paying nanny taxes, “we’re both strong believers,” she says, “in following the law.”

Tackling Taxes
Resources for those who employ a nanny:

  • ‘How to Hire a Nanny,’ by Guy Maddalone Guidebook covers tax issues
  • irs.gov Search for Publication 926, Household Employer’s Tax Guide
  • Breedlove-online.com/faqs Q&A on tax issues

Write to Sue Shellenbarger at sue.shellenbarger@wsj.com

APNA’s 2008 Agency of the Year

November 4th, 2008

Houston’s Morningside Nannies

(October 31, 2008) The Association of Premier Nanny Agencies (APNA) is proud to honor Houston’s Morningside Nannies with APNA’s 2008 Agency of the Year award.  Twenty five years ago, Pat Cascio founded the first agency in Houston to specialize in nanny placement, and she is still on the job. Like many in the industry, Pat started her business because, I needed in-home care for my children, and I wasn’t comfortable with the screening provided by what were then known as domestic agencies.

Now Pat and other staffing agencies have access to an arsenal of professional background checkers and computerized court files to assist them in screening household staff. However, she says she still scrutinizes all applicants with the time-tested question, “Would I hire this nanny to care for my own children?”

Seasoned household staffing agencies know how important it is to meet each job candidate in person. Nanny services that operate only online are becoming more popular, says Ginger Swift, the APNA board member who oversaw the selection of the 2008 Agency of the Year. But the people who run most online-only job services never meet the applicants, and they do not conduct the type of background check an agency like Morningside Nannies would require before sending someone to your home.

Says Pat of her award, I had considered vying for APNA’s Agency of the Year award in the past, but I wasn’t sure my agency would be special enough to gain this national honor.  But this year, I celebrated 25 years in the industry, and I retired from my eight-year post as the International Nanny Association President. When I reflected on the contribution I have made to our industry, I felt more confident.

Because household staffing laws vary from state to state, agency owners such as Pat help us set industry standards, so we can provide a nationwide network of reliable agencies, says APNA President Annie Davis. To be an APNA member, agencies must put their contracts, applications and business practices up for scrutiny by their peers. Parents who want to make sure they are dealing with a quality nanny service should look for the APNA seal. I am extremely proud of all our members, but Pat deserves to be recognized for the years she has dedicated to this industry. She has more than earned the respect of her colleagues and associates. Pat, as all members, has always put the welfare of children first.

Contacts:
* Pat Cascio, Morningside Nannies, Houston, Texas (713)526-3989 pcascio@morningsidenannies.com, www.morningsidenannies.com/index.html

* Annie Davis, APNA President, (206) 227-1690, annied@drizzle.com www.anihouseholdstaffing.com?�

* Go to www.theAPNA.org to find an APNA agency in your community and valuable information for families and people seeking household jobs

BACKGROUND CHECKS by Lynn Peterson, PFC Information Services, Inc.

September 8th, 2008

BACKGROUND CHECKS
The most important step a staffing agency can take to insure the integrity of a background check is to verify the candidate’s name(s), date of birth, Social Security number, and driver’s license number. This verification should be conducted by examining the candidate’s documents, e.g., the Social Security card, driver’s license, green card, etc.  It is not enough to take for granted that the candidate has correctly listed this information on the application and/or release forms.  If incorrect identifying data is input, the background check will be worthless.
Most background checks include the following elements: Social Security Number verifications; seven year state and/or county criminal checks conducted in all locations identified where the candidate has lived during the past seven years; national criminal file checks, including sex offender data; and DMV records.
SOCIAL SECURITY NUMBER VERIFICATION
The Social Security Number Verification is a key component in the background screening process.  It provides information vital to the verification of the information provided on the application; it is effective in identifying holes in a candidate’s history; and is a tool that helps determine where criminal records checks should be conducted and what names need to be searched.
The Social Security Number Verification includes information from credit bureaus and public records databases regarding the name or names, addresses, and phone numbers that are linked to the usage of a particular Social Security number. This is not a check of the Social Security Administration’s database. However, the SSN Verification does validate whether the SSN was actually issued by the Social Security Administration, and when and where it was issued.
DMV RECORDS
DMV reports can be obtained from every state, with the exception of Alaska, Georgia, and New Hampshire.  Generally, violations remain on the DMV report for three years, although convictions for serious offenses are reported for 5 years or more, depending on the state. DMV reports are of critical importance, as they can point to substance abuse problems. DMV checks are important in verifying the candidate’s identity, via the name and date of birth on the driving record.  Note:  when an individual is arrested, the name as it is listed on the driver’s license will probably be the name recorded on the arrest record.
CRIMINAL RECORDS
Types of Crimes
Crimes are categorized as felonies, misdemeanors, or infractions.

Felonies
Felonies are serious crimes such as rape, arson, or murder. Felony convictions result in imprisonment for a year or more.

Misdemeanors
Misdemeanors can be less serious crimes, such as petty theft. However, misdemeanors can also be more serious. A charge like assault, for example, can be either a felony or a misdemeanor. Often a serious misdemeanor starts out as a felony and is reduced to a misdemeanor through plea bargaining. When an individual is convicted of a misdemeanor and is sentenced to jail time, the period of incarceration will be a year or less.

Infractions
Infractions are minor crimes and are treated essentially like a traffic ticket. There is no jail time involved if the individual is convicted. Infractions can include charges such as public drunkenness, loitering, and most traffic offenses. Misdemeanors can be reduced to infractions.

Types of Criminal Records
In the background screening industry different kinds of records are all collectively referred to as  criminal records.  These records are not the same thing, and do not contain the same information. The following describes the various types of records that are all called criminal records:
Arrest Records
The starting point for a criminal record is when an individual is arrested for a crime. Arrest records are created when an individual is taken to the police station, sheriff’s department, or other law enforcement agency following an arrest.  This is where the individual is booked for an arrest. Fingerprints and mug shots are taken, and the arresting officers prepare a written arrest report.  Arrest reports are public records in some counties within some states. However, they are not open to the public in many locations.
Arrest records are sometimes sent to the state criminal repository and some states send the information to the FBI. However, if the crime is a misdemeanor the information may not be sent to the state repository, and it probably will not be sent to the FBI.
County Criminal Court Record Checks
A criminal court file is created when a defendant is charged with a crime. County criminal checks are the criminal court records on file at the county. County criminal court records are the primary source of criminal information. Generally, criminal court records are public record. The files include meaty documents such as the criminal complaint, the disposition (verdict), and sentencing information. They might also include information about post-conviction probation violations and arrest warrants. County criminal checks usually involve sending a court records researcher to the courthouse to manually search the records.
Where the case is filed is usually determined by seriousness of a crime. The county courts are called by different names in different states. They may be called Superior Courts, Supreme Courts, District Courts, Common Pleas Courts, Justice Courts, Municipal Courts, etc. The bottom line is that felonies are usually sent to the county’s highest criminal court, while misdemeanors are usually sent to lower courts.
It is important to understand that for employment background checks, you must cover both levels of courts if you are to obtain information on both felonies and misdemeanors.  In many counties there is no consolidated index.  As a result, two different checks must often be conducted to cover both felonies and misdemeanors.  Another very important consideration when conducting background checks is whether the lower courts in a county are consolidated.  Most background screening companies only check the misdemeanor records at the county seat.  This is not adequate, because the criminal records could be at any number of lower courts in the county.  For example, if a candidate lived in East Cleveland, Ohio the court records researcher might go to the Cuyahoga County Courthouse to search felony records at the Common Pleas Court and misdemeanors at the Cleveland Municipal Court, because both courts are housed in the same building.  However, the East Cleveland Municipal Court and eleven other municipal courts would not be included because the lower courts are not consolidated.  Therefore, a misdemeanor committed in East Cleveland would not be found. When you request a background check you need to ask your vendor whether you are really getting the appropriate misdemeanor checks conducted.
Correction Records
Correction records are records of incarceration in federal or state prisons. While correction records from prisons are available online in most states, they typically include information about the most serious criminals. Less serious crimes involve jail time, not prison, and most jail records are not available online.  Note:  most of the records included in the National Criminal File search are correction records.
Statewide Criminal Records
Statewide criminal checks provide some advantages over county criminal checks.  They are broader geographically and the turnaround times are minimal.  However, as discussed in the section on county criminal searches, it is dangerous to assume that a statewide search will include everything.  The problem of missing misdemeanors is of critical importance.  The best policy is to conduct both a statewide check and a county check where the individual has lived.
Statewide criminal records are derived from three sources: state criminal repositories maintained by state law enforcement agencies, statewide criminal court indexes available through the state administrative office of the courts, and via proprietary databases.?� The records are checked by name and date of birth.
Statewide searches can be conducted in a most states. However, data quality and currency, as well as turnaround times vary from state to state.  The checks available from the following states are reasonably comprehensive. Alaska, Arizona, Arkansas, Colorado, Connecticut, District of Columbia, Florida, Georgia, Hawaii, Iowa, Kansas, Maine, Maryland, Michigan, Minnesota, Missouri, Montana, Nebraska, New Jersey, New York, North Carolina, New Mexico, Oregon, Pennsylvania, Rhode Island, South Carolina, Utah, Virginia, Washington, and Wisconsin.  Manual county checks should be conducted in all other states.  
National Criminal File
This check provides information from multiple criminal record sources.  The primary sources included are: multi-state sex and violent offender records; incarceration records, parole, and release records from prisons; some state and local county criminal records; Specially Designated Nationals List (SDN List) from The Office of Foreign Assets Control (OFAC); the FBI Terrorist List; and Federal/State/Local Wanted Fugitive Lists.  The advantage to this search is that the records are available instantly.
The biggest problem with this search is the large number of false positives and false negatives. The primary reasons are:

  1. The vast majority of the records do not include identifiers, such as date of birth.  Therefore, if a candidate has a common name it is likely that a huge number of records will be reported for that name that have absolutely nothing to do with the candidate.       
  2. The sources that the criminal data come from only include a small percentage of the data available at the county courts and at the state, and much of the data is not up to date. While online vendors claim that this search includes over 350 million records, the number of individuals in the database is much smaller.

Automatic monthly updates to this database are available from some online vendors. However, given the holes in this database, monthly updates provide little protection.  The National Criminal File search should only be used as a pre-screening tool. This search, including monthly updates, is available free of charge at http://criminalsearches.com.
Sex Offender
This search provides information regarding individuals who have been convicted of sexually-violent offenses against adults and children and certain sexual contact and other crimes against victims who are minors.  This search is available free of charge at http://www.nsopr.gov/.

Court Ruling: Anti-Discrimination Laws Apply Online

June 11th, 2008

By Bob King, Legally Nanny

In a case involving Internet matching service Roommates.com, the Ninth Circuit ruled that online applications and other documents that ask questions about legally protected characteristics could subject the company to liability. The court’s ruling makes clear that asking questions about legally protected characteristics can solicit discriminatory answers, and matching people – or refusing to place people – based on those answers can violate anti-discrimination laws.

The bottom line here is that agencies should scrutinize all their web pages, as well as job seeker and family applications, to ensure they do not solicit information about legally protected characteristics such as age, citizenship, gender, religion, family status (including pregnancy) or medical information. Even if questions are labeled “optional” or only asked verbally, they can be dangerous.

While the Ninth Circuit decision applies only in Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Washington, Guam and the Northern Mariana Islands, all agencies should be aware of this precedent and act now. Establishing written guidelines about questions and training staff are also important components to ensure that your agency complies with the law.

Copyright   Legally Nanny  2008. This article is for informational purposes only; it is not legal advice

Medical Emergency Inspires Ongoing APNA Donation

June 11th, 2008

A medical emergency endured by one of our board members is inspiring the Association of Premier Nanny Agencies  A Household Staffing Alliance (APNA) to establish its first ongoing, annual donation. From here on out, five percent of each APNA member’s yearly dues payment will be donated to the Children’s Miracle Network national office says Lexy Capp, APNA board member and philanthropic committee co-chair.  It was her son’s brain surgery in their hometown of Las Vegas that prompted APNA to begin the donations.
When my son was in the pediatric intensive care unit, the baby across the hall died, says Lexy. That only added to my anxiety, and the moral support given to my family by Children Miracle Network was such a gift.  Along with helping ensure quality medical care, the people from Children’s Miracle Network work to lift your spirits. She smiles when she recounts how they arranged for Miss America to visit Joshua in the hospital.I felt like Bert Parks when she walked in the room, and I introduced them. He’s a teenaged boy, you can imagine what a thrill it was for him to have Miss America come looking for him. It also gave him something exciting to tell his friends when they came to visit.

Once Joshua recovered, Lexy realized how grateful she was to Children’s Miracle Network of Las Vegas, and she began donating a portion of every placement made through her agency, Nannies & Housekeepers USA, to that chapter.

When Lexy told her colleagues on the APNA board of directors her son’s story, they saw the parallel between what Children’s Miracle Network does, and what they do. Says Lexy APNA Philanthropic Committee Co-chair Claudia Kahn of The Help Company, APNA agencies assist people all over the United States, and we are very proud to be helping Children’s Miracle Network because it shares our goal of making a difference in families lives