[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3829 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 3829

  To require a criminal background check for employees of child care 
 providers, family child care providers, and adults who reside in the 
   private residences of family child care providers in States that 
receive funds from the Child Care and Development Block Grant Program, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 25, 2012

Ms. Moore (for herself, Mr. Ellison, Mr. Payne, Ms. Slaughter, and Ms. 
 Schakowsky) introduced the following bill; which was referred to the 
                Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
  To require a criminal background check for employees of child care 
 providers, family child care providers, and adults who reside in the 
   private residences of family child care providers in States that 
receive funds from the Child Care and Development Block Grant Program, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Childcare Accountability and 
Responsibility Act of 2012'' or the ``CARE for Kids Act of 2012''.

SEC. 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:

``SEC. 658H. REQUIREMENT OF A CRIMINAL BACKGROUND CHECK.

    ``(a) Criminal Background Check.--
            ``(1) Requirement of a criminal background check.--A State 
        and national criminal background check for an individual who is 
        a child care staff member, a family child care provider, or an 
        adult who resides in the home of a family child care provider 
        is required in any State that receives funds under this 
        subchapter. The criminal background check of such individual 
        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 individual resides 
                and each State where such individual 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 individual previously resided; and
                    ``(E) a Federal Bureau of Investigation fingerprint 
                check using the Integrated Automated Fingerprint 
                Identification System.
            ``(2) Ineligibility.--A child care provider or family child 
        care provider shall be ineligible for funds provided under this 
        subchapter if a criminal background check of a child care staff 
        member, a family child care provider, or an adult permitted to 
        reside in such a family child care provider's private residence 
        reveals an adult 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) distribution of, possession with intent to 
                distribute, or importation of a controlled substance 
                committed within 5 years prior to submission to a 
                criminal background check.
            ``(3) Submittal of requests.--Subject to paragraph (4), a 
        child care provider or a family 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) with respect to an individual who became a 
                child care staff member or family child care provider, 
                or an adult who began to reside in the private 
                residence of such a provider, before the date of the 
                enactment of the Child Care Accountability and 
                Responsibility Act of 2012--
                            ``(i) not later than the date under 
                        subsection (b) in which a State implements the 
                        requirements of this section; and
                            ``(ii) during each 5-year period following 
                        the first submission date under this 
                        subparagraph for such staff member, family 
                        provider, or adult; and
                    ``(B) with respect to an individual who is a 
                prospective child care staff member or family child 
                care provider, or an adult who begins to reside in the 
                private residence of such a provider, on or after the 
                date of the enactment of such Act--
                            ``(i) prior to the date the individual 
                        becomes a child care staff member, a family 
                        child care provider, or such adult begins to 
                        reside in such residence; and
                            ``(ii) during each 5-year period following 
                        the first submission date under this 
                        subparagraph for such staff member, family 
                        provider, or adult.
            ``(4) Limitation on requests.--Not more than 1 request for 
        a State and national criminal background check under paragraph 
        (3) is required for any child care staff member, family child 
        care provider, or adult who resides in the private residence of 
        such provider, for each 5-year period described in such 
        paragraph.
            ``(5) Results.--
                    ``(A) In general.--Not later than 10 business days 
                after the date on which a request under this section 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 the individual or entity that made 
                such a request.
                    ``(B) Copy of background check.--A State shall 
                provide to a child care provider or an individual 
                subject to a background check under this section, upon 
                request, a copy of the criminal background check 
                conducted pursuant to this section.
            ``(6) Accuracy of information.--A State shall reasonably 
        attempt to insure that the information included in the 
        background check conducted pursuant to this section is accurate 
        and complete by--
                    ``(A) obtaining dispositions of arrests that 
                occurred more than 1 year prior to the date that such 
                background check was requested;
                    ``(B) correcting information included that it 
                knows, or reasonably should know, is inaccurate;
                    ``(C) completing incomplete entries, if possible; 
                and
                    ``(D) taking any other steps that would improve 
                upon the accuracy or such information.
            ``(7) Appeals.--
                    ``(A) In general.--Not later than 30 days after 
                receipt of the results of a criminal background check 
                conducted pursuant to this section, a child care 
                provider or an individual subject to a background check 
                under this section may appeal such results to the 
                appropriate State agency designated by the State.
                    ``(B) Final ruling by a state.--Not later than 30 
                days after an appeal is made under subparagraph (A), a 
                State shall--
                            ``(i) make a determination on the 
                        eligibility or ineligibility of the individual;
                            ``(ii) provide the individual with specific 
                        findings with respect to the appeal;
                            ``(iii) if possible, promptly make any 
                        changes to the individual's criminal record, if 
                        any information was inaccurate or incomplete; 
                        and
                            ``(iv) report those changes to the 
                        individual who requested such appeal.
            ``(8) Fees.--To defray the costs of carrying out the duties 
        described in this subsection, a State may collect one fee per 
        criminal background check from a child care provider or family 
        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) Time limitation.--A State shall implement the 
        requirements of this section not later than 3 years after the 
        date of the enactment of the Childcare Accountability and 
        Responsibility Act of 2012.
            ``(2) Extension of time.--The Secretary may grant an 
        extension to the date described in paragraph (1), not longer 
        than 2 years, to a State that makes a good faith effort to 
        satisfy the requirements of this section.
    ``(c) Definitions.--In this section:
            ``(1) Adult.--The term `adult' means a person who has 
        attained 18 years of age.
            ``(2) Child care provider.--The term `child care provider' 
        means a center-based child care provider, a group home child 
        care provider, or other provider of child care services for 
        compensation and on a regular basis (other than a family child 
        care provider) that--
                    ``(A) is not an individual who is related to all 
                children for whom child care services are provided; and
                    ``(B) is licensed, regulated, or registered under 
                State law or receives funds provided under this 
                subchapter.
            ``(3) Child care staff member.--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.
            ``(4) Family child care provider.--The term `family child 
        care provider' means one individual who--
                    ``(A) provides child care services for fewer than 
                24 hours per day, as the sole caregiver, in a private 
                residence;
                    ``(B) is not an individual who is related to all 
                children for whom child care services are provided; and
                    ``(C) is licensed, regulated, or registered under 
                State law or receives funds provided under this 
                subchapter.
    ``(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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