Answers to Common Questions on National Criminal History Checks


Below are some common questions on the new state required national fingerprint criminal history checks.

Q: Who has to get a national criminal history check?

A: This law applies to all regulated child care providers including licensed centers, licensed homes, unlicensed registered ministries, unlicensed homes receiving CCDF payments and unlicensed centers receiving CCDF payments.

For each provider type the applicant, all child care employees and volunteers, and household members that are at least 18 years old (for licensed child care homes and unlicensed child care homes receiving CCDF only) are required to get a national criminal history check (fingerprint check).

Note: The law defines “volunteer” as anyone who does unpaid work in your child care program for 8 or more hours each month. If you have either employees or volunteers that are under the age of 18, these individuals must have a Juvenile Criminal History Check completed by following the instructions online at: http://www.in.gov/fssa/carefinder/4182.htm

Individuals who are present in the child care program less than 8 hours a month are considered “guests”. Guests are not to be left alone with children and they are not counted within the staff to child ratios.

All cooks, janitors, and similar employees of the child care program must be fingerprinted because they are staff members with access to children.

Q: My child care program is within a larger agency- for example within a school, a church, a Community Action Program or a YMCA. Do all of the employees of the larger agency also have to get these fingerprint checks?

A: No. When determining if other volunteers and employees of larger agencies need to have criminal background checks for your child care program you will need to consider the role that the individual plays:

  • Does this person provide care for the children; are they counted in your staff to child ratios or left alone with children? If yes, the individual must have a background check.
  • Does the individual volunteer within the child care program more than eight hours per month? Yes, this individual must have a background check.
  • Is this person the applicant on your child care registration, application, or license? If yes, this person must have a background check.

If you have any questions about specific circumstances or individuals within your larger agency please contact your licensing consultant, registration consultant, or CCDF inspector as appropriate. They know your program best and can help you determine which individuals are required to have a check.

Q: What if I have already been fingerprinted for another purpose or through another organization- can I use this check to meet the requirements of new laws?

A:
Those individuals who are required to have a national fingerprint background check must be fingerprinted through the approved vendor (L1), the fingerprints must be used to conduct a check of the national FBI database and the results must be sent by the Indiana State Police to the Bureau of Child Care. There are other vendors that conduct national background checks; however, most often these are either checks based only on a name (not fingerprints) and/or the checks have not been run through the national FBI database.

If you have recently been fingerprinted for a national background check for another purpose (such as your organization requires a background check), we will not be able to accept these past checks. However, in the future, we recommend that you speak to your other organization about alternatives. For example, as the individual on whom the search was conducted, you may request the results of your check and can choose to share this copy with your organization. BCC cannot release the results of the checks to any organization or individual, but each individual has a right to request a copy of his or her own results. Instructions for requesting the results of a check are posted online at http://www.in.gov/fssa/carefinder/4182.htm.

Q: If I hire a new employee after July 1, 2013, do they have to have national criminal background checks?

A: Yes, individuals who begin working or volunteering on or after July 1, 2013 must have the national background check completed.

 

For more  FAQ’s and information regarding the new state requirements, visit BCC’s Frequently Asked Questions page.

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