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Criminal Background Checks

Unlike other health and safety provisions in the law, the requirement to conduct background checks is not limited to providers serving children receiving CCDF. States must establish background check requirements for all child care staff members of licensed, regulated, or registered child care providers and child care providers eligible to deliver CCDF-funded services, including prospective staff members of child care providers. Background check requirements apply to any staff member who is employed by a child care provider for compensation, including contract employees and self-employed individuals; whose activities involve the care or supervision of children; or who has unsupervised access to children. At the Lead Agency’s discretion, relatives can be exempted from these checks.

A criminal background check must include eight specific components, which encompass three in-state checks, two national checks, and three interstate checks.

Child care providers receiving CCDF funds are prohibited from employing child care staff members who

  • refuse to consent to the check,
  • provide false statements,
  • are registered (or required to be registered) on a sex offender registry, or
  • have been convicted of certain crimes.

All requirements, policies, and procedures regarding background check requirements must be made available to the public on a state website and through other appropriate means.

 

 

 

[1] CCDBG Act of 2014 658H; Child Care and Development Fund, 45 C.F.R. § 98.43 (2016).