I 111th CONGRESS 1st Session H. R. 3287 IN THE HOUSE OF REPRESENTATIVES July 22, 2009 Ms. Moore of Wisconsin (for herself, Ms. Granger, and Ms. Schakowsky) introduced the following bill; which was referred to the Committee on Education and Labor A BILL To require a criminal background check for a child care staff member of any child care provider in a State that receives funds from the Child Care and Development Block Grant Program, and for other purposes.

1.

Short title

This Act may be cited as the Childcare Accountability and Responsibility Act of 2009 or the CARE for Kids Act of 2009.

2.

Requirement of a criminal background check

The Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.) is amended by inserting after section 658G the following new section:

658H.

Requirement of a criminal background check for a child care staff member of any child care provider in a State that receives funds from the Child Care and Development Block Grant Program

(a)

Criminal background check

(1)

Requirement of a criminal background check

A State and national criminal background check for a child care staff member of a child care provider is required in any State that receives funds under this subchapter. The criminal background check shall include— (A)a search of the National Sex Offender Registry established pursuant to the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et seq.); (B)a search of the National Crime Information Center; (C)a search of the State criminal registry or repository in the State in which the child care staff member resides and each State where such staff member previously resided; (D)a search of State-based abuse and neglect registries and databases, including the abuse and neglect registries and databases of each State where the child care staff member previously resided; and (E)a Federal Bureau of Investigation fingerprint check using the Integrated Automated Fingerprint Identification System. (2)

Submittal of requests

Subject to paragraph (3), a child care provider shall submit a request for a State and national criminal background check to the appropriate State agency designated by the State— (A)for each child care staff member prior to its submission of an application for a State child care license, except that this subparagraph shall not apply to any additional applications submitted within a 5-year period after such request for a criminal background check under paragraph (2) and such submission of an application under this subparagraph is made by the child care provider; (B)for each child care staff member; (C)for each prospective child care staff member prior to their beginning date of employment; and (D)in each 5-year period after the date of the child care provider’s first request for a criminal background check for the child care staff member. (3)

Limitation on requests

Not more than 1 request for a State and national criminal background check under paragraph (2) is required for any child care staff member for each 5-year period after such request for the criminal background check for such staff member. (4)

Results

Not later than 10 business days after the date of which a request by a child care provider is made for a State and national criminal background check and is received by the appropriate State agency, such agency shall provide the results of the criminal background check to such provider. (5)

Ineligibility

A child care provider shall be ineligible for receipt of a child care certificate as payment for child care services, and a child care staff member shall be ineligible for employment by any child care provider in a State, if any such criminal background check of the child care staff member of the provider reveals a felony conviction for— (A)child abuse or neglect; (B)spousal abuse; (C)a crime against children (including child pornography); (D)a violent crime, including— (i)physical assault or battery; (ii)rape; (iii)sexual assault; or (iv)homicide; or (E)a drug-related offense committed within 5 years prior to submission to a criminal background check. (6)

Appeals

Not later than 30 days after receipt of the results of a criminal background check, a child care provider may appeal such results to the appropriate State agency designated by the State. (7)

Fees

To defray the costs of carrying out the duties described in this subsection, a State may collect 1 fee per criminal background check from a child care provider in an amount not to exceed the actual costs to the State for the administration of all required criminal background checks, and such fee for all required criminal background checks may not exceed a total of $36. (b)

State Compliance

(1)

Noncompliance

(A)

Penalty

A State that fails to satisfy the requirements of this section shall not receive 2 percent of the grant funds that it would otherwise be allocated for that fiscal year. (B)

Unallocated grant funds

Grant funds not allocated under subparagraph (A) shall be distributed in the first fiscal year that the State meets the requirements. (2)

Time limitation

A State shall have 3 years to implement the requirements of this section. (3)

Extension of time

The Secretary may grant an extension, no longer than 2 years, to a State that makes a good faith effort to satisfy the requirements of this section. (c)

Definition

The term child care staff member means an individual that provides child care services for compensation and on a regular basis (other than an individual who is related to the child or children for whom services are provided), regardless of whether the services are provided for a child care provider or a family child care provider. (d)

Authorization of appropriations To conduct criminal background checks

There are authorized to be appropriated such sums as necessary to offset the administrative costs to conduct State and national criminal background checks under this section.

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