Are States required to have an appeals process?

Yes, States must have a process by which child care staff members (including prospective staff members) may appeal the results of their background check to challenge for accuracy and completeness.  The State must ensure that:

• Each individual is given notice of the opportunity to appeal,
• Each individual receives instructions about how to complete the appeals process, and
• The appeals process is completed in a timely manner.

ACF is working with our partners at the Federal Bureau of Investigation (FBI) to provide best practices and guidance on the appeals process.  We also encourage State Lead Agencies to work with their State Identification Bureaus on implementing background check requirements included in reauthorization and managing the appeals process.

(Reference: Section 658H(e)(3))