What would make a child care staff member ineligible for employment?
Answer
The law specifies disqualifying crimes only for child care providers and staff members who are serving children receiving CCDF assistance. Disqualification criteria include:
- refuses a background check;
- knowingly makes a materially false statement in connection with the background check;
- is registered, or is required to be registered, on the State or National Sex Offender Registry;
- has been convicted of a felony consisting of murder; child abuse or neglect; crime against children; spousal abuse; crime involving rape or sexual assault; kidnapping; arson; physical assault; or a drug-related offense committed during the preceding 5 years; or
- has been convicted of a violent misdemeanor committed as an adult against a child.
The law provides flexibility for States in regard to individuals disqualified due to a felony drug offense. The State, at its option, may allow for a review process through which the State may determine an individual still eligible for employment.
(Reference: Section 658H(c))