Who does the background check requirement apply to?

Unlike other health and safety provisions in the law, the requirement to conduct background checks is not limited to providers serving children receiving CCDF.  In order to receive CCDF funds a State must establish background check requirements for staff members of all child care providers (excepting relatives) consistent with the definitions outlined below. 

The definition of “child care provider” in the law means a center-based child care provider, family child care provider, or another provider of child care services for compensation on a regular basis that:

• is not an individual related to all children for whom child care services are provided; and
• is licensed, regulated, or registered under State law or receives CCDF funds.

Further, the law includes a definition of a “child care staff member” to mean an individual (other than an individual who is related to all children for whom child care services are provided):

• who is employed by a child care providers for compensation; or
• whose activities involve the care or supervision of children for a child care provider or unsupervised access to children who are cared for or supervised by a child care provider.

Pursuant to these definitions, States are required to establish background check requirements for staff members of providers that are licensed, regulated, or registered—regardless of whether they provide care for children receiving CCDF assistance.

(Reference: Section 658H(a) and (i))