Individual Conducting a Background Check

What is the name of your state? KY

I am a single mother and college student. My son is in daycare, but when he is sick, he must stay home. This semester my professors are adament that doctor excuses are not acceptable and only 2 class periods can be missed. I understand this b/c I need to know the info presented in class.

I want to hire an emergency babysitter. However, the only people I know are students that also have class to attend. I am obtaining a list of temporary emergency providers from the state. If this does not prove helpful (e.g. they won't take sick children), I will have to place an ad in the paper. If it comes to this, I will obtain references and check them. I would also like to conduct background checks on potential sitters but am lost as to how to do this. I want a thorough check b/c my son is my life.

Also, I recall seeing teddy bears with hidden cameras in them. Are these legal? I am concerned b/c I will not tolerate someone abusing my son. However, I would need to distinguish b/t normal accidents, negligence, and/or abuse. If these are legal, where does an individual purchase them?

Thanks for any advice!!

If it helps, I just received the list from the state. I called the only two providers who matched my search criteria and neither take sick children. I will have to try to find someone through classifieds. As a result, I need to do a background check on anyone who has good references.

Also, I am still interested in the teddy bear/camera.

Thanks for any advice. I greatly appreciate it.

I suggest you check with some of the local hospitals and larger clinics in your area. Some of them do provide sick-child care, whether in your home or at their location. It's not cheap but it's better than losing a job or flunking out of school. If you belong to a church, you might also check with them to see if they have resources that can help you.

You can ask anything you want to when contacting a candidate's list of references. Nor do you have to stick to whatever references the candidate provides. You can also call anyone you want to.

If you use an outside agency to perform a background check, then you must comply with the Fair Credit Reporting Act (FCRA.) It's been a long time since I used an outside agency for this sort of thing but Equifax is (or was) a big name in the background check industry if they're still around.

The cameras you're talking about are usually referred to as "nanny cam's." I don't know anything more about them than what I've seen on TV news shows but it's YOUR home. If you want to put in video taping devices, I can't think of any restrictions that apply. If you intend on taping sound (i.e. conversations), then you'll want to look into KY laws on the subject.

If I can find the info on that, I'll post back unless someone else comments in the meantime.

Ky. Rev. Stat. Ann. § 526.010: It is a felony to overhear or record, through use of an electronic or mechanical device, a wire or oral communication without the consent of at least one party to that communication. Ky. Rev. Stat. Ann. § 526.020.

Anyone who inadvertently hears a conversation transmitted through a wireless telephone on a radio receiver does not violate the eavesdropping statute, but if that same conversation is recorded or passed on to others without the consent of a party to the original conversation, a violation occurs. Ky. Att'y Gen. Op. 84-310 (1984).

Divulging information obtained through illegal eavesdropping is a separate crime, punishable as a misdemeanor. Ky. Rev. Stat. Ann. § 526.060.


In other words, KY is a "one party" State. I still suggest you run audio-taping your babysitter by an attorney though, as this is a tricky subject. If there's a law school in your area, they might be able to assist you.

cmorris said:

I am a single mother

Click to expand...

So the father is dead? What happened?

So the father is dead? What happened? You're a jerk, okam.

Thanks for the advice! I will check into the hospitals, but they are small in this county. Price is not a problem, as completing my education is the best thing for myself and my child. Even the semester I had my son, I continued school at home (KET, correspondence, and Internet).

I am unfamiliar with the FCRA. When I checked my CR's, there was not anything about criminal checks (or is it different from credit?), but then I don't have a record. I plan to have a contract with the individual I hire. I would think a person would consent to a background check if there was nothing to hide. When I applied for my apartment, I had to send my state a paper requesting my background info sent to the apartment manager for about $10. Can I do this on an individual? If I have their consent? Could I go to the PD? Hire a PI?

I found out about the "nanny cams" from google and they are wireless. I prefer not to have a sitter in my home b/c of theft (laptop, gold coins, cash, etc). I doubt that will help at someone else's home.

As far as my son's father, we are divorced and he lives about 4 hours away. My ex's family and I are on good terms, but most of them work full-time. The only ones who are flexible are his sister, who is off on Mondays and Fridays, and his step-father, who is unsuitable (alcoholic). His sister may have plans, and then if my son is sick on another day, I am out of luck.

My family lives either 2 hours away (my sister) or in SC.

Again, thanks for any advice!

I don't know if this is an option, but if there is a nursing school or teaching hospital in the area, you might see if a nursing student would be available. My father worked at a hospital, and I can remember my parents using nursing students as part-time "nannies" when they had to be away overnight. The school would have done a certain amount of screening already.

The issue with the Fair Credit Reporting Act is whether you use an OUTSIDE AGENCY to conduct the check. If so, then you must comply with the requirements to notify the individual, advise them in writing if they are being denied employment because of something in their criminal or credit history, etc.

If you do use an agency to obtain references, run a criminal history check, etc., they should be very familiar with the requirements if they're legit. If you do the background check yourself, the FCRA is a non-issue.

A "background check" can be anything from calling a couple of former employers all the way to a top security clearance. It's really a meaningless term. I expect all your apartment rental people did was verify any account you had with a bank and/or verify your employment, and/or run a credit check on you.

Yes, a credit check is a very different matter from a criminal history check. One determines whether you pay your bills on time; the other checks to see if you have ever been convicted of any crimes.