II 112th CONGRESS 1st Session S. 581 IN THE SENATE OF THE UNITED STATES March 15, 2011 Mr. Burr (for himself and Mr. Enzi) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Child Care and Development Block Grant Act of 1990 to require criminal background checks for child care providers.

1.

Short title

This Act may be cited as the Child Care Protection Act of 2011.

2.

Requirement of criminal background checks

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.

Criminal background checks

(a)

In general

A State that receives funds to carry out this subchapter shall have in effect— (1)requirements, policies, and procedures to require and conduct criminal background checks for child care staff members (including prospective child care staff members) of child care providers described in subsection (c); and (2)licensing, regulation, and registration requirements, as applicable, that prohibit the employment of child care staff members as described in subsection (c). (b)

Requirements

A criminal background check for a child care staff member under subsection (a) shall include— (1)a search of the State criminal registry or repository in the State where the child care staff member resides and each State where such staff member previously resided; (2)a search of State-based child abuse and neglect registries and databases in the State where the child care staff member resides and each State where such staff member previously resided; (3)a search of the National Crime Information Center; (4)a Federal Bureau of Investigation fingerprint check using the Integrated Automated Fingerprint Identification System; and (5)a search of the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et seq.). (c)

Prohibitions

(1)

Child care staff members

A child care staff member shall be ineligible for employment by a child care provider that is licensed, regulated, or registered by the State or receives funds provided under this subchapter in a State if such individual— (A)refuses to consent to the criminal background check described in subsection (b); (B)makes a false statement in connection with such criminal background check; (C)is registered, or is required to be registered, on a State sex offender registry or the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et seq.); or (D)has been convicted of a felony consisting of— (i)murder, as described in section 1111 of title 18, United States Code; (ii)child abuse or neglect; (iii)a crime against children, including child pornography; (iv)spousal abuse; (v)a crime involving rape or sexual assault; (vi)kidnaping; (vii)arson; or (viii)physical assault, battery, or a drug-related offense, committed within the past 5 years. (2)

Child care providers

A child care provider described in paragraph (1) shall be ineligible for funds provided under this subchapter if the provider employs a staff member who is ineligible for employment under paragraph (1). (d)

Submittal of requests for background checks

(1)

In general

A child care provider covered by subsection (c) shall submit a request, to the appropriate State agency designated by a State, for a criminal background check described in subsection (b), for each child care staff member (including prospective child care staff members) of the provider. (2)

Staff Members

In the case of an individual who became a child care staff member before the date of enactment of the Child Care Protection Act of 2011, the provider shall submit such a request— (A)prior to the last day described in subsection (i)(1); and (B)not less often than once during each 5-year period following the first submission date under this paragraph for that staff member. (3)

Prospective staff members

In the case of an individual who is a prospective child care staff member on or after than that date of enactment, the provider shall submit such a request— (A)prior to the date the individual becomes a child care staff member of the provider; and (B)not less often than once during each 5-year period following the first submission date under this paragraph for that staff member. (e)

Background check results and appeals

(1)

Background check results

The State shall carry out the request of a child care provider for a criminal background check as expeditiously as possible and shall provide the results of the criminal background check to such provider. (2)

Appeals

The State shall provide for a process by which a child care staff member (including a prospective child care staff member) may appeal the results of a criminal background check conducted under this section to challenge the accuracy or completeness of the information contained in such member’s criminal background report. (f)

Fees for background checks

Fees that a State may charge for the costs of conducting a criminal background check as required by this section shall not exceed the actual costs to the State for the administration of such criminal background checks. (g)

Construction

Nothing in this section shall be construed to prevent a State from disqualifying individuals as child care staff members based on their conviction for crimes not specifically listed in this section that bear upon an individual’s fitness to provide care for and have responsibility for the safety and well-being of children. (h)

Definitions

In this section— (1)the term child care provider means a center-based child care provider, a group home child care provider, a family child care provider, or other provider of child care services for compensation and on a regular basis 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; and (2)the term child care staff member means an individual (other than an individual who is related to all children for whom child care services are provided)— (A)who is employed by a child care provider for compensation; (B)whose activities involve the care or supervision of children for a child care provider or access to children who are cared for or supervised by a child care provider; or (C)who is a family child care provider. (i)

Effective date

(1)

In general

A State that receives funds to carry out this subchapter shall meet the requirements of this section for the provision of criminal background checks for child care staff members described in subsection (d)(1) not later than the last day of the second full fiscal year after the date of enactment of the Child Care Protection Act of 2011. (2)

Extension

The Secretary may grant a State an extension of time, of not more than 1 fiscal year, to meet the requirements of this section if the State demonstrates a good faith effort to comply with the requirements of this section. (3)

Penalty for noncompliance

Except as provided in paragraphs (1) and (2), for any fiscal year that a State fails to comply substantially with the requirements of this section, the Secretary shall withhold 5 percent of the funds that would otherwise be allocated to that State under this subchapter for the following fiscal year.

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