Child Care Criminal Background Check Act of 2013

To amend the Child Care and Development Block Grant Act of 1990 to require criminal background checks, inspections, and training of child care providers. 1. Short title This Act may be cited as the Child Care Criminal Background Check Act of 2013 2. Purpose The purpose of this Act is to assist States in improving the overall quality of child care services in the State by requiring national criminal background checks of child care providers that are licensed by the State or that receive funds under the Child Care and Development Block Grant Act of 1990. 3. Amendments (a) State plan Section 658E(c)(2) of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858c(c)(2) (I) Criminal background check Certify that the State will— (i) require each eligible child care provider (excluding an eligible child care provider described in section 658P(5)(B)) that is licensed by the State or receives funds provided under this subchapter— (I) to obtain from the State a comprehensive criminal background check of— (aa) each individual who provides child care services; (bb) each applicant selected for employment before providing such services; and (cc) each family child care provider who provides or applies to provide such services; and (II) to refuse to employ, or continue to employ, an individual to provide such services— (aa) if such individual was convicted of— (AA) a crime of violence (as defined in section 20101 of subtitle A of title II of the Violent Crime Control and Law Enforcement Act of 1994 ( 42 U.S.C. 13701 (BB) a crime against a child for which the penalty exceeds imprisonment for a term exceeding 1 year; (bb) to an eligible child without the supervision of an employee whose criminal background check satisfies the requirements of the subparagraph, pending receipt of such a criminal background check of such individual; and (cc) to an eligible child with the supervision of an employee whose criminal background check satisfies the requirements of the subparagraph and for a period exceeding 90 days, pending receipt of such a criminal background check of such individual; and (ii) carry out at the request of an eligible child care provider, as soon as practicable, a comprehensive criminal background check (at the State option for a fee not to exceed the actual cost to the State) of each employee of, and each applicant for employment by, a child care provider that is licensed by the State or receives funds provided under this subchapter by the State, and make the results of such check available to such provider and to such employee or applicant. At the request of a State, the Secretary may waive for 1 fiscal year the application of this subparagraph to the State if the State demonstrates a good faith effort to comply with the requirements specified in this subparagraph and its inability to so comply. (J) Inspections The State shall certify that each eligible child care provider (excluding an eligible child care provider described in section 658P(5)(B)) that is licensed by the State will be inspected not less frequently than at 3-month intervals. (K) Training The State shall certify that each eligible child care provider (excluding an eligible child care provider described in section 658P(5)(B)) that receives funds provided under this subchapter will receive not less than— (i) 40 hours of training provided by an entity recognized by the State; and (ii) annually 24 hours of training that includes CPR, first aid, recognizing child abuse, basic safety and health, and child behavior and development. . (b) Enforcement Section 658I(b)(2) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858g(i)(b)(2)) is amended by adding at the end the following: If a State fails to comply substantially with the requirements specified in section 658e(c)(2)(I), the Secretary shall reduce by 10 percent the State allotment for the fiscal year following the fiscal year with respect to which noncompliance is found. . 4. Effective date; application of amendments This Act and the amendments made by this Act shall take effect 2 years after the date of the enactment of this Act.

Summary: Child Care Criminal Background Check Act of 2013 - Amends the Child Care and Development Block Grant Act of 1990 to require a state child care services plan to certify that the state will require child care providers that are licensed by the state or that receive funds under the Child Care and Development Block Grant Program to obtain a comprehensive criminal background check of each individual who provides child care services, each applicant selected for employment before providing such services, and each family child care provider who provides or applies to provide such services and to refuse to employ, or continue to employ, an individual to provide such services: (1) if such individual was convicted of a crime of violence or a crime against children; (2) to an eligible child without the supervision of an employee whose criminal background check satisfies requirements, pending receipt of such individual's background check; and (3) to an eligible child for a period exceeding 90 days with the supervision of an employee whose criminal background check satisfies requirements, pending receipt of such individual's background check. Requires a state child care services plan to also certify that the state will carry out a comprehensive criminal background check of an employee or applicant of such a child care provider as soon as practicable after the provider's request and make the results available to such provider, employee, and applicant. Requires the state to certify that: (1) each eligible child care provider (with an exception related to child care provided by a relative) that is licensed by the state will be inspected at least at 3-month intervals; and (2) each such provider that receives funds under the Program will receive not less than 40 hours of training provided by an entity recognized by the state and 24 hours of training annually that includes CPR, first aid, recognizing child abuse, basic safety and health, and child behavior and development. Reduces by 10% allotments to states that fail to comply with the requirements of this Act.