• Have a written screening policy. It should be included in any organization's policies and procedures, and communicated to everyone.
• Provide job descriptions for every position. Doing so creates boundaries for volunteers, who should be required to read, sign and date the written descriptions.
• Obtain completed application forms for all positions. Required information should include name, address, references and employers. Insist that every potential volunteer complete a form, regardless of how desperate the organization is for "warm bodies."
• Obtain a signed and dated consent form. This informs volunteers of investigations into their backgrounds and protects an organization against potential invasion-of-privacy claims by having volunteers authorize the checks.
• Review references and employer information. This helps determine whether the volunteer possesses the basic necessities for a given position.
• Interview the applicant. Develop a standard routine to save time and allow for consistency. Don't be afraid to ask tough questions.
• Conduct a criminal background check. If resources are scarce, ask local lawmakers and law-enforcement officials for help. Also consider fundraising to help pay for background checks.
• Review procedures and provide continuous oversight of volunteers. Evaluate screening results and determine what makes a particular volunteer undesirable. Document decisions, and periodically evaluate a volunteer's performance.
• Provide training for all volunteers and hold them accountable. Make volunteers pledge to uphold a code of ethics, and hold them accountable for all actions for as long as they are a part of the organization.
 
 A background check following these guidelines should help to avoid any issues, and should any arise, establish a legal defense by showing that the league exercised due diligence.  On the other hand, background checks can open the door to other legal issues, specifically, employment discrimination and invasion of privacy claims.  For example, asking for someone's age before holding an interview could lead to an age-discrimination suit.  Many states have laws prohibit the use of certain records in employment decisions.  For example, New York limits the use of incarceration records in making hiring decisions.  These laws vary by state, and league officials should review these laws in order to determine what records they can use without fear of legal consequences.

 Additionally, league officials must be careful not to publicize the results of their background checks.  The publication of information that portrays an applicant in a negative light, even if true, could lead to a lawsuit for defamation or an invasion of privacy.  League officials must make sure that the results of their background checks remain confidential.

 A proper background check is a critical component for ensuring the safety of youth sports participants.  A number of private companies and not-for-profits provide background checks or offer useful assistance.  Although youth sports' league officials must be careful to avoid employment discrimination or invasion of privacy claims, these should not be difficult to avoid, and more importantly, are outweighed by the need to ensure that a young athlete and parents have nothing to fear from the coaches they trust.

DISCLAIMER: this article is the research opinion of Timothy Sullivan and readers are encouraged to speak with an attorney for further clarification.