SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Childcare Account-
ability and Responsibility Act of 2012’’ or the ‘‘CARE for 
Kids Act of 2012’’. 
SEC. 2. REQUIREMENT OF A CRIMINAL BACKGROUND 
CHECK. 
The Child Care and Development Block Grant Act 
of 1990 (42 U.S.C. 9858 et seq.) is amended by inserting 
after section 658G the following new section: 
‘‘SEC. 658H. REQUIREMENT OF A CRIMINAL BACKGROUND 
CHECK. 
‘‘(a) CRIMINAL BACKGROUND CHECK.— 
‘‘(1) REQUIREMENT
OF
A
CRIMINAL
BACK-
GROUND
CHECK.—A State and national criminal 
background check for an individual who is a child 
care staff member, a family child care provider, or 
an adult who resides in the home of a family child 
care provider is required in any State that receives 
funds under this subchapter. The criminal back-
ground check of such individual shall include— 
‘‘(A) a search of the National Sex Offender 
Registry established pursuant to the Adam 
Walsh Child Protection and Safety Act of 2006 
(42 U.S.C. 16901 et seq.); 
‘‘(B) a search of the National Crime Infor-
mation Center; 
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‘‘(C) a search of the State criminal reg-
istry or repository in the State in which the in-
dividual resides and each State where such indi-
vidual previously resided; 
‘‘(D) a search of State-based abuse and 
neglect registries and databases, including the 
abuse and neglect registries and databases of 
each State where the individual previously re-
sided; and 
‘‘(E) a Federal Bureau of Investigation 
fingerprint check using the Integrated Auto-
mated Fingerprint Identification System. 
‘‘(2) INELIGIBILITY.—A child care provider or 
family child care provider shall be ineligible for 
funds provided under this subchapter if a criminal 
background check of a child care staff member, a 
family child care provider, or an adult permitted to 
reside in such a family child care provider’s private 
residence reveals an adult felony conviction for— 
‘‘(A) child abuse or neglect; 
‘‘(B) spousal abuse; 
‘‘(C) a crime against children (including 
child pornography); 
‘‘(D) a violent crime, including— 
‘‘(i) physical assault or battery; 
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‘‘(ii) rape; 
‘‘(iii) sexual assault; or 
‘‘(iv) homicide; or 
‘‘(E) distribution of, possession with intent 
to distribute, or importation of a controlled sub-
stance committed within 5 years prior to sub-
mission to a criminal background check. 
‘‘(3) SUBMITTAL
OF
REQUESTS.—Subject to 
paragraph (4), a child care provider or a family 
child care provider shall submit a request for a State 
and national criminal background check to the ap-
propriate State agency designated by the State— 
‘‘(A) with respect to an individual who be-
came a child care staff member or family child 
care provider, or an adult who began to reside 
in the private residence of such a provider, be-
fore the date of the enactment of the Child 
Care Accountability and Responsibility Act of 
2012— 
‘‘(i) not later than the date under 
subsection (b) in which a State implements 
the requirements of this section; and 
‘‘(ii) during each 5-year period fol-
lowing the first submission date under this 
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subparagraph for such staff member, fam-
ily provider, or adult; and 
‘‘(B) with respect to an individual who is 
a prospective child care staff member or family 
child care provider, or an adult who begins to 
reside in the private residence of such a pro-
vider, on or after the date of the enactment of 
such Act— 
‘‘(i) prior to the date the individual 
becomes a child care staff member, a fam-
ily child care provider, or such adult begins 
to reside in such residence; and 
‘‘(ii) during each 5-year period fol-
lowing the first submission date under this 
subparagraph for such staff member, fam-
ily provider, or adult. 
‘‘(4) LIMITATION
ON
REQUESTS.—Not more 
than 1 request for a State and national criminal 
background check under paragraph (3) is required 
for any child care staff member, family child care 
provider, or adult who resides in the private resi-
dence of such provider, for each 5-year period de-
scribed in such paragraph. 
‘‘(5) RESULTS.— 
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‘‘(A) IN
GENERAL.—Not later than 10 
business days after the date on which a request 
under this section is made for a State and na-
tional criminal background check and is re-
ceived by the appropriate State agency, such 
agency shall provide the results of the criminal 
background check to the individual or entity 
that made such a request. 
‘‘(B) COPY OF BACKGROUND CHECK.—A 
State shall provide to a child care provider or 
an individual subject to a background check 
under this section, upon request, a copy of the 
criminal background check conducted pursuant 
to this section. 
‘‘(6) ACCURACY
OF
INFORMATION.—A State 
shall reasonably attempt to insure that the informa-
tion included in the background check conducted 
pursuant to this section is accurate and complete 
by— 
‘‘(A) obtaining dispositions of arrests that 
occurred more than 1 year prior to the date 
that such background check was requested; 
‘‘(B) correcting information included that 
it knows, or reasonably should know, is inac-
curate; 
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‘‘(C) completing incomplete entries, if pos-
sible; and 
‘‘(D) taking any other steps that would im-
prove upon the accuracy or such information. 
‘‘(7) APPEALS.— 
‘‘(A) IN
GENERAL.—Not later than 30 
days after receipt of the results of a criminal 
background check conducted pursuant to this 
section, a child care provider or an individual 
subject to a background check under this sec-
tion may appeal such results to the appropriate 
State agency designated by the State. 
‘‘(B) FINAL
RULING
BY
A
STATE.—Not 
later than 30 days after an appeal is made 
under subparagraph (A), a State shall— 
‘‘(i) make a determination on the eli-
gibility or ineligibility of the individual; 
‘‘(ii) provide the individual with spe-
cific findings with respect to the appeal; 
‘‘(iii) if possible, promptly make any 
changes to the individual’s criminal record, 
if any information was inaccurate or in-
complete; and 
‘‘(iv) report those changes to the indi-
vidual who requested such appeal. 
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