I 
112TH CONGRESS 
1ST SESSION H. R. 1726 
To amend the Child Care and Development Block Grant Act of 1990 to 
require criminal background checks for child care providers. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 4, 2011 
Mr. RUPPERSBERGER introduced the following bill; which was referred to the 
Committee on Education and the Workforce 
A BILL 
To amend the Child Care and Development Block Grant 
Act of 1990 to require criminal background checks for 
child care providers. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Child Care Protection 
Act of 2011’’. 
SEC. 
2. 
REQUIREMENT 
OF 
CRIMINAL 
BACKGROUND 
CHECKS. 
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: 
VerDate Mar 15 2010 
05:28 May 05, 2011
Jkt 099200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H1726.IH
H1726
jbell on DSKDVH8Z91PROD with BILLS
‘‘SEC. 658H. CRIMINAL BACKGROUND CHECKS. 
‘‘(a) IN GENERAL.—A State that receives funds to 
carry out this subchapter shall have in effect— 
‘‘(1) requirements, policies, and procedures to 
require and conduct criminal background checks for 
child care staff members (including prospective child 
care staff members) of child care providers described 
in subsection (c); and 
‘‘(2) licensing, regulation, and registration re-
quirements, as applicable, that prohibit the employ-
ment of child care staff members as described in 
subsection (c). 
‘‘(b) REQUIREMENTS.—A criminal background check 
for a child care staff member under subsection (a) shall 
include— 
‘‘(1) a search of the State criminal registry or 
repository in the State where the child care staff 
member resides and each State where such staff 
member previously resided; 
‘‘(2) a search of State-based child abuse and 
neglect registries and databases in the State where 
the child care staff member resides and each State 
where such staff member previously resided; 
‘‘(3) a search of the National Crime Informa-
tion Center; 
VerDate Mar 15 2010 
05:28 May 05, 2011
Jkt 099200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H1726.IH
H1726
jbell on DSKDVH8Z91PROD with BILLS
‘‘(4) a Federal Bureau of Investigation finger-
print check using the Integrated Automated Finger-
print Identification System; and 
‘‘(5) a search of the National Sex Offender 
Registry established under the Adam Walsh Child 
Protection and Safety Act of 2006 (42 U.S.C. 
16901 et seq.). 
‘‘(c) PROHIBITIONS.— 
‘‘(1) CHILD CARE STAFF MEMBERS.—A child 
care staff member shall be ineligible for employment 
by a child care provider that is licensed, regulated, 
or registered by the State or receives funds provided 
under this subchapter in a State if such individual— 
‘‘(A) refuses to consent to the criminal 
background check described in subsection (b); 
‘‘(B) makes a false statement in connec-
tion with such criminal background check; 
‘‘(C) is registered, or is required to be reg-
istered, on a State sex offender registry or the 
National Sex Offender Registry established 
under the Adam Walsh Child Protection and 
Safety Act of 2006 (42 U.S.C. 16901 et seq.); 
or 
‘‘(D) has been convicted of a felony con-
sisting of— 
VerDate Mar 15 2010 
05:28 May 05, 2011
Jkt 099200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H1726.IH
H1726
jbell on DSKDVH8Z91PROD with BILLS
‘‘(i) murder, as described in section 
1111 of title 18, United States Code; 
‘‘(ii) child abuse or neglect; 
‘‘(iii) a crime against children, includ-
ing child pornography; 
‘‘(iv) spousal abuse; 
‘‘(v) a crime involving rape or sexual 
assault; 
‘‘(vi) kidnaping; 
‘‘(vii) arson; or 
‘‘(viii) physical assault, battery, or a 
drug-related offense, committed within the 
past 5 years. 
‘‘(2) CHILD
CARE
PROVIDERS.—A child care 
provider described in paragraph (1) shall be ineli-
gible for funds provided under this subchapter if the 
provider employs a staff member who is ineligible for 
employment under paragraph (1). 
‘‘(d) SUBMITTAL OF REQUESTS FOR BACKGROUND 
CHECKS.— 
‘‘(1) IN GENERAL.—A child care provider cov-
ered by subsection (c) shall submit a request, to the 
appropriate State agency designated by a State, for 
a criminal background check described in subsection 
VerDate Mar 15 2010 
05:28 May 05, 2011
Jkt 099200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H1726.IH
H1726
jbell on DSKDVH8Z91PROD with BILLS