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H 7428Children

Human Services - Certification of Childcare and Youth- Serving Workers and Operators

Starting July 1, 2026, new applicants for childcare and youth-serving jobs will get required criminal background checks for free.

Held for study
Population
Affected
15
Introduced Jan 30, 2026Committee House Health & Human Services

Plain-English Summary

This legislation amends the process for criminal records checks regarding childcare and youth-serving workers in Rhode Island. While mandating that these background checks continue to meet federal standards, including fingerprinting, the bill significantly changes the cost structure for new employees. Effective July 1, 2026, any new applicant seeking employment with a regulated childcare agency or youth program will be exempt from paying for their nationwide criminal records check. The bill mandates that these checks be conducted at no charge to the new applicant, shifting the financial responsibility away from the worker.

For younger readers

To keep children safe, adults who want to work at daycares or summer camps must have a background check. This is when the police look at their history to make sure they haven't done anything bad. Right now, the person who wants the job usually has to pay money to get this check done. This new law says that starting in the summer of 2026, new people applying for these jobs won't have to pay that money anymore. The police will do the check for free to help them get hired.

Who & Where It Applies

Impacted groups
Childcare workersDaycare center operatorsJob applicantsLocal police departmentsState police
Impacted communities
All

Constitutional & Fiscal Check

None Likely

Estimated cost
Amount unknown
Estimated revenue
None

Bill Analysis

Both viewpoints
For Progressives
  • Eliminates a financial barrier to employment for low-income individuals seeking to enter the childcare and youth services workforce.
  • Supports the essential care economy by reducing the costs associated with recruiting new staff, potentially helping to address labor shortages in childcare.
  • Ensures that the cost of public safety compliance is borne by the system rather than passed on as a regressive fee to individual workers.
  • Delays the implementation of the fee waiver until July 1, 2026, leaving current job seekers to face these costs for the next two years.
  • Does not appear to offer reimbursement or relief for existing employees who have already paid these fees, creating a disparity between current and future workers.
  • Continues to rely heavily on policing agencies for workforce vetting rather than establishing independent, non-carceral oversight bodies for social service work.
For Conservatives
  • Maintains strict vetting and background check standards to ensure the safety and protection of children in care facilities.
  • Reduces the regulatory cost burden on the private sector workforce, potentially stimulating employment in the childcare industry.
  • Clarifies the responsibility of local police departments to participate in these checks, ensuring uniform enforcement of safety standards.
  • Shifts the cost of a personal employment requirement onto the taxpayers, effectively creating a new government subsidy for a specific class of workers.
  • Imposes an unfunded mandate on state and local police departments by requiring them to perform services without collecting fees to cover administrative costs.
  • Expands the scope of government involvement by socializing the costs of doing business rather than letting market forces and user fees dictate the process.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 13 additions · 1 deletion

SECTION 1. Section 40-13.2-5 of the General Laws in Chapter 40-13.2 entitled "Certification of Childcare and Youth-Serving Workers and Operators" is hereby amended to read as follows: 40-13.2-5. Criminal records check — Employees of child day care, daycare centers, family daycare homes, group family daycare homes, child-placing agencies and residential childcare facilities that must be licensed by the department.

(a) Any person seeking employment in a “child day care” program, a “family daycare home,” “group family daycare home,” or in a “child daycare center” as defined in § 42-12.5-2, if that employment involves supervisory or disciplinary power over a child or children or involves routine contact with a child or children without the presence of other employees, or any adult household member of any operator of a “family daycare home” and “group family daycare home,” or seeking that employment or to volunteer at the training school for youth, shall, after acceptance by the employer of the affidavit required by § 40-13.2-3, apply to the bureau of criminal identification of the state police or the local police department, or the office of the attorney general, or the department of children, youth and families, for a nationwide criminal records check. The check will conform to applicable federal standards including the taking of fingerprints to identify the applicant. Further, any person seeking employment in a “child day care” program, in a “child daycare center,” and/or in a “child daycare provider” as defined in § 42-12.5-2, if that employment involves supervisory or disciplinary power over a child or children or involves routine contact with a child or children without the presence of other employees shall apply to the bureau of criminal identification of the state police or the local police department or the office of the attorney general to conduct all necessary criminal background checks as required by the Child Care and Development Block Grant of 2014 (CCDBGA), Pub. L. No. 113-186. The criminal record checks as required by this section shall be conducted for every five (5) years of continuous childcare employment from the date of the previous criminal background check.

(b) Any person seeking employment in a “child-placing agency” as defined in § 42-72.1- 2, if that employment involves supervisory or disciplinary power over a child or children or involves routine contact with a child or children without the presence of other employees, shall, after acceptance by the employer of the affidavit required by § 40-13.2-3, apply to the bureau of criminal identification of the state police or the local police department, or the office of the attorney general or the department of children, youth and families, for a nationwide criminal records check. The check will conform to applicable federal standards including the taking of fingerprints to identify the applicant.

(c) Any person seeking employment in a “childcaring agency,” “children’s behavioral health program,” or in a “foster and adoptive home” as defined in § 42-72.1-2, that is, or is required to be, licensed or registered with the department of children, youth and families, shall, after acceptance by the employer of the affidavit required by § 40-13.2-3, apply to the bureau of criminal identification of the state police or the local police department, or the office of the attorney general, or the department of children, youth and families, for a nationwide criminal records check. The check will conform to applicable federal standards including the taking of fingerprints to identify the applicant.

(d) [Deleted by P.L. 2019, ch. 88, art. 3, § 8.]

(e) Upon the discovery of any disqualifying information as defined in accordance with the rule promulgated by the director, the bureau of criminal identification of the state police or the local police department or the office of the attorney general or the department of children, youth and families will inform the applicant, in writing, of the nature of the disqualifying information. In addition, the bureau of criminal identification of the state police or the office of the attorney general, or department of children, youth and families, or the local police department will inform the relevant employer, in writing, without disclosing the nature of the disqualifying information, that an item of disqualifying information has been discovered.

(f) In those situations in which no disqualifying information has been found, the bureau of criminal identification of the state police or the local police department or the office of the attorney general, or the department of children, youth and families will inform both the applicant and the employer, in writing, that no disqualifying information has been found.

(g) Failure to show proof that the employer has initiated requests for background checks required by this section will be prima facie grounds to revoke the license or registration of the operator of the facility.

(h) It will be the responsibility of the bureau of criminal identification of the state police or the office of the attorney general, or the every local police department, or the department of children, youth and families, to conduct the comprehensive nationwide criminal records check pursuant to this section. The comprehensive nationwide criminal records check will be provided to the applicant for employment. Any expense associated for providing the criminal records check to an existing employee shall be paid by the applicant and/or the requesting agency. Effective July 1, 2026, any new applicant, which shall include any person who has submitted an application for employment to any agency or entity regulated by this section, shall be exempt from the payment provisions of this section and the nationwide criminal records check shall be conducted at no charge.

SECTION 2. This act shall take effect upon passage.