Childcare Accountability and Responsibility Act of 2012 or the CARE for Kids Act of 2012 - Amends the Child Care and Development Block Grant Act of 1990 to require a 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 in any state that receives funds from the Child Care and Development Block Grant Program. Requires that such background check include: (1) a search of the national Sex Offender Registry, the National Crime Information Center, state criminal registries, and state-based abuse and neglect registries and databases; and (2) a Federal Bureau of Investigation (FBI) fingerprint check.
Makes a child care provider ineligible for Program funds if the criminal background check reveals an adult felony conviction of any such individual for: (1) child abuse or neglect; (2) spousal abuse; (3) a crime against children (including child pornography); (4) a violent crime; or (5) distribution, possession with intent to distribute, or importation of a controlled substance committed within the previous five years.
Allows: (1) a child care provider or an individual subject to a background check to appeal the results to the appropriate designated state agency, and (2) a state to collect a fee from providers for such background checks to defray costs.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3829 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 3829
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 25, 2012
Ms. Moore (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.
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 ``Childcare Accountability and
Responsibility Act of 2012'' or the ``CARE for Kids Act of 2012''.
SEC. 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:
``SEC. 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.''.
<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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