Child Care Protection Act of 2011 - Amends the Child Care and Development Block Grant Act of 1990 to require states that receive funds under such Act to: (1) require and conduct criminal background checks for staff members of child care providers; (2) prohibit the employment of a child care staff member who refuses to consent to a criminal background check, makes a false statement in connection with such background check, is registered as a sex offender, or is a convicted felon involving certain crimes; and (3) provide criminal background checks to child care providers upon request. Imposes a financial penalty on states that fail to comply substantially with the requirements of this Act.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1726 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 1726
To amend the Child Care and Development Block Grant Act of 1990 to
require criminal background checks for child care providers.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 4, 2011
Mr. Ruppersberger introduced the following bill; which was referred to
the Committee on Education and the Workforce
_______________________________________________________________________
A BILL
To amend the Child Care and Development Block Grant Act of 1990 to
require criminal background checks for child care providers.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Care Protection Act of 2011''.
SEC. 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:
``SEC. 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.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and the Workforce.
Referred to the Subcommittee on Early Childhood, Elementary, and Secondary Education.
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