Criminal background checks

42 U.S. Code § 9858f. Criminal background checks

(a) In generalA 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)(1); and
(2)
licensing, regulation, and registration requirements, as applicable, that prohibit the employment of child care staff members as described in subsection (c).
(b) RequirementsA criminal background check for a child care staff member under subsection (a) shall include—
(1)
a search of the State criminal and sex offender registry or repository in the State where the child care staff member resides, and each State where such staff member resided during the preceding 5 years;
(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 resided during the preceding 5 years;
(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.).[1]
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