Resolution 2020-10: Review Positions to Ensure the Proper Background Checks are Required by Law

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WHEREAS, Tanana Chiefs Conference (TCC) is an Alaska Native tribal health and social services consortium established by the Interior Alaska tribes and tribal communities, to provide a unified voice in advancing
sovereign tribal governments through the promotion of physical and mental wellness, education, socioeconomic development and culture of the Interior Alaska Native; and

WHEREAS, The Alaska Barrier Crimes Act (ABCA) is a State of Alaska statute that likely applies to TCC because TCC receives Medicaid payments from the Department of Health and Human Services to provide for the health of TCC’s beneficiaries, AS 47.05.300(a); The implementing regulations require a specific criminal background check for applicants, employees, board members, volunteers and independent contractors in positions with “regular contact with recipients of services” or “with access to personal or with “control over the impact on the financial well-being of recipients of services” 7 AAC 10.900(b); and

WHEREAS, The Indian Child Protection and Family Violence Prevention Act, is a federal statute that requires TCC applicants, employees, volunteers, or independent contractors, in a full time or temporary position, that involves “regular contact with or control over Native children”, to pass a specific criminal background check as defined within the ICPA statute and regulations; 25 U.S.C 3207(c); 25 C.F.R. 63.12; and

WHEREAS, Currently, TCC policy might require certain positions to pass background checks that are not required by law.

NOW THEREFORE BE IT RESOLVED that Tanana Chiefs Conference Full Board of Directors direct staff to undergo a thorough review to ensure the respective background checks extend only to the applicants, employees, volunteers and contractors required by law and should exclude other positions; and

BE IT FURTHER RESOLVED that the Full Board and staff continue to support and advocate for the amendment of background check laws to allow for healthy and safe potential applicants to be eligible to serve TCC and tribes.

Submitted by: Chalkyitsik Village Council