H.R. 3829 (112th): CARE for Kids Act of 2012

112th Congress, 2011–2013. Text as of Jan 25, 2012 (Introduced).

Status & Summary | PDF | Source: GPO

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112th CONGRESS

2d Session

H. R. 3829

IN THE HOUSE OF REPRESENTATIVES

January 25, 2012

(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.

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.

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:

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.

.