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)(1) 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.
(2) Any person, whether compensated or serving in a volunteer capacity, who provides instruction, coaching, supervision, or organized activities to children or youth in programs including, but not limited to, dance, sports, cheerleading, gymnastics, wrestling, martial arts, music instruction, academic tutoring, or other similar organized youth activities, and whose duties involve supervisory authority over a child or routine contact with a child without the presence of another screened adult, shall be required to undergo a nationwide criminal records check in accordance with the standards set forth in this section, including fingerprint-based identification consistent with applicable federal requirements. No organization, association, business entity, or sole proprietor offering such programs shall permit any such individual to commence service prior to completion of the required 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 On and before June 30,2026, expense associated for providing the criminal records check shall be paid by the applicant and/or the requesting agency. On and after 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.
(i) In lieu of the criminal background check and fingerprinting requirements set forth in this section, an applicant who holds an active United States government top secret sensitive compartmented information (TS/SCI) security clearance, verified in writing by the appropriate federal authority or employer, may submit proof of such clearance to the bureau of criminal identification, the office of the attorney general, the local police department, or the department of children, youth and families. Upon verification of the active clearance status, the applicant shall be deemed to have satisfied the nationwide criminal records check requirement of this section; provided that, the clearance remains active and in good standing. The director may promulgate regulations to establish procedures for verification and documentation of such clearance.
SECTION 2. This act shall take effect upon passage.
