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S 2960Children

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

Expands background checks to youth activity coaches, makes checks free starting July 2026, and accepts federal Top Secret clearances.

Held for study
Population
Affected
28
Introduced Mar 4, 2026Committee Senate Judiciary

Plain-English Summary

This legislation updates the requirements for criminal background checks for individuals working with children. It expands the mandatory background check requirement to include coaches, instructors, and volunteers in organized youth activities like sports, dance, and tutoring, specifically if they have unsupervised contact with children. Additionally, the bill changes the payment structure: starting July 1, 2026, the state will cover the cost of these background checks for new applicants, making them free. It also allows individuals with an active federal Top Secret (TS/SCI) security clearance to bypass the standard check by providing proof of their clearance.

For younger readers

This new law is designed to keep kids safe when they are doing activities like playing sports, taking dance class, or getting help with homework. It says that the adults who coach or teach these activities must get a background check from the police to make sure they are safe to be around children. Starting in the summer of 2026, people won't have to pay money to get this check done. Also, if someone already has a "top secret" clearance from the government for their job, they don't need to get a new check.

Who & Where It Applies

Impacted groups
Childcare workersYouth sports coachesTutors and instructorsParentsIndividuals with TS/SCI clearance
Impacted communities
All

Constitutional & Fiscal Check

None Likely

Estimated cost
Amount unknown
Estimated revenue
None

Bill Analysis

Both viewpoints
For Progressives
  • Eliminates financial barriers to employment and volunteering for low-income individuals by making mandatory background checks free of charge starting July 1, 2026.
  • Enhances child safety and community welfare by closing loopholes and ensuring coaches and tutors in youth sports and arts programs are properly vetted.
  • Streamlines the process for qualified federal employees to serve their communities by accepting existing high-level security clearances, reducing bureaucratic redundancy.
  • Expands the reach of the carceral state and police surveillance by mandating fingerprinting and background checks for a wider range of community activities and informal instruction.
  • Creates a special exemption for individuals involved in the military-industrial complex (TS/SCI holders), potentially valorizing the security state over standard civilian oversight.
  • May disproportionately discourage marginalized individuals with minor past interactions with the justice system from participating in community youth programs due to increased scrutiny.
For Conservatives
  • Strengthens the protection of children and traditional family values by ensuring that adults with access to youth in sports and clubs are properly vetted for criminal history.
  • Reduces the financial burden on private citizens and volunteers by eliminating government fees for mandatory background checks starting in 2026.
  • Respects the validity of federal national security vetting and reduces government red tape by accepting existing Top Secret clearances in lieu of redundant state checks.
  • Increases government regulation and interference in private associations, businesses, and sports leagues by mandating state-run checks for private instructors and coaches.
  • Increases the burden on the taxpayer by shifting the cost of background checks from the individual applicant to the state government starting in 2026.
  • Expands the government's database of citizens by requiring fingerprinting for common community roles, infringing on the privacy of individuals simply trying to volunteer.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 32 additions · 2 deletions

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.