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Navarete v. Naperville Psychiatric Ventures

Naperville Psychiatric Ventures hired a staff person to care for patients in its residential facility for minors, but did not do the background check required by law. Had it done so, it would have learned that the staffer had a drug conviction, and that he had changed his name prior to applying for the job. Six months after he was hired, the facility received notice from the Social Security Administration that the staffer's social security number did not match his name, but they took no action on this information. The staffer sexually assaulted a minor at the facility, and she sued for negligent hiring. The trial court granted summary judgment in favor of the facility, and she appealed.

What is an appropriate background check for a job like this?

Should evidence of criminal history automatically disqualify a candidate?

What other tools, besides more careful screening of job candidates, were available to the facility to prevent this type of harm to patients?