The Flemish Government has decreed that as of 1 February 2023 any organisation offering activities which involve the education, psycho-medical-social assistance, youth counselling, child protection services, supervision and animation of minors must carry out a mandatory check of the criminal record certificate of certain new employees.  This mandatory check serves the protection of minors.

In a Ghent University context, this mandatory check applies when Ghent University acts as the work placement provider and the work placement involves structural contact (counselling or assistance) between an adult student-trainee and a minor.

The Criminal Record Certificate: What?

The criminal record certificate (formerly known as the ‘certificate of good moral conduct’)  is a certificate the student-trainee can request from the municipal services of their hometown (i.e. where they are recorded in the population register). The certificate mentions any (if at all) convictions in the name of the student-trainee.

There are three models (or types) of certificate:

• Model 595: basic certificate;
• Model 596.1: certificate specifically for exercising a regulated activities;
• Model 596.2: certificate specifically for exercising activities which involve education, psycho-medical-social assistance, youth counselling, child protection, supervision and animation of minors.

The Model 596.2 is the certificate that must be requested and checked.  The criminal record certificate need not be blank but it must at least testify to the student-trainee’s impeccable behaviour in their interaction with minors.

Mandatory Check: When?

A mandatory check must take place if the student-trainee meets the following four criteria:

1. the student-trainee engages in activities which involve assistance to and supervision of minors. These activities need not focus exclusively on minors. The mandatory check also applies in case the target audience of said activities only partly consists of minors.

2. the student-trainee engages in a direct and structural contact with minors.  A work placement agreement by definition comprises a structural basis; direct contact comprises physical as well as online contact.

3. the student-trainee is of age at the moment the work placement agreement is concluded.

4. the student-trainee is hired by means of a work placement agreement.

The term ‘student-trainee’ applies to both internal and external trainees, i.e. Ghent University students as well as non-Ghent University students who engage in a Ghent University work placement.

Mandatory Check: How?

The criminal record certificate must be requested before the work placement is signed, and at the date of signature, it must not be older than one month.

The only processing mode provided for in the decree, is a check. Ghent University has no grounds to retain the certificate longer than necessary to perform the mandatory check. Once the mandatory check has been performed and the decision has been taken, the certificate must be destroyed.

At Ghent University, it is the work placement supervisor who is responsible for carrying out the check.  The work placement supervisors treats this information in a confidential manner and with the necessary discretion. The information must not be shared with third parties within and without the organisation. The student-trainee’s file only records that the check has been performed, and the date on which this has been done.

It is important to give the student transparent information on the mandatory check. This information may include the purpose of the check and the fact that the certificate will be destroyed afterwards.

Can the Mandatory Check Become Part of a Work Placement Risk Analysis?

No. Given that both the work placement agreement and the risk analysis are documents that must be retained, the mandatory check of the criminal record certificate cannot be mentioned in either.  The check must be carried out separately, as described above.

Want to Know More?

Please consult the Dutch-language Draaiboek jeugd opvragen en controle uittreksel strafregister model 596.2 issued by the Ministry of Culture, Youth and Media.