Child Care: Overview of Relevant Employment Laws and Cases of Sex Offenders at Child Care Facilities
Published: 2011-08-19T00:00:00

Fast Facts:

Highlights:
section_title: Why GAO Did This Study
paragraphs: Very little is known about sexual abuse among children that are regularly cared for by more than 1.3 million child care providers every week in the United States. In this context, GAO was asked to (1) provide an overview of federal and state laws related to the employment of sex offenders at child care facilities and (2) examine cases where individuals who were convicted of serious sexual offenses were subsequently employed or present at child care facilities. To provide an overview of selected laws, GAO searched for prohibitions against offenders being present at child care facilities, requirements for conducting criminal-history checks, and penalties for violating these requirements. The cases GAO examined focus only on individuals who were convicted of serious sexual offenses and cannot be generalized to all child care facilities. To identify the cases, GAO reviewed open-source information from 2000 to 2010. GAO also compared the years 2007 to 2009 in employment databases from 20 states and the District of Columbia to data in the National Sex Offender Registry. GAO ultimately selected 10 cases from eight states and the District of Columbia for review. For each case, GAO reviewed court documents and interviewed law enforcement personnel. Our methodology was not designed to assess the prevalence of sex offenders working at child care facilities. This product contains no recommendations. Where applicable, GAO referred its cases for further investigation.
section_title: What GAO Found
paragraphs: Federal laws regulate the employment of sex offenders at federal child care facilities. For example, federally operated facilities are required to conduct criminal-history checks on employees, as are facilities receiving grants from the Department of Health and Human Services' Head Start program. At the state level, laws vary widely. For example, all 50 states require criminal-history checks for owners and employees of licensed child care facilities, but many state laws exempt facilities from licensing if they do not exceed certain thresholds, such as a minimum number of children. Penalties for violating licensing requirements can range from a $5 administrative fine to imprisonment for a term of years. The cases GAO examined show examples of individuals convicted of serious sexual offenses who gained access to child care facilities as maintenance workers, spouses or friends of providers, a cafeteria worker, and a cook. At least seven of these cases involve offenders who previously targeted children, and in three of the cases, the offenders used their access to children at the facilities to offend again. Among the cases, GAO found instances of providers who (1) knowingly hired offenders and (2) did not perform preemployment criminal-history checks. GAO also found examples of facilities operating without licenses, and facilities that employed offenders while receiving federal funds. The following four cases illustrate the nature of the situations GAO identified.

section_title: Letter
paragraphs: We have previously reported on cases in which children were being  physically abused at youth residential treatment facilities and sexually  abused at public and private schools. However, very little is known about  the extent of sexual abuse among children that are regularly cared for by  an estimated 1.3 million child care providers every week in the United  States as of 2008. The victims of these crimes are typically 12 years old  or younger—and according to the Federal Bureau of Investigation’s (FBI)  National Incident-Based Reporting System, crimes against children make  up a large majority of sexual assaults handled by law enforcement  agencies. In this context, and as a follow-on to our December 2010 report  on individuals with histories of sexual misconduct in K-12 public and  private schools, we agreed to (1) provide an overview of relevant federal  and state laws related to the employment of sex offenders at child care  facilities and (2) examine cases where individuals who were convicted of  serious sexual offenses were subsequently employed or present at child  care facilities.
To provide an overview of selected federal and state laws, we searched  statutory codes for prohibitions against sexual offenders working or being  present in child care facilities, requirements for conducting criminal- history checks, and penalties for violating these requirements. At the state  level, we focused solely on statutory provisions because of their greater  degree of permanence. We did not analyze state regulations or policies,  or any laws, regulations, or policies at the local level. Additional  requirements can be added through regulation by states or at the local  level, and these may go beyond what is specified in state statute.
To identify case-study examples of child care facilities that employed or  provided residence to registered sexual offenders who committed serious  sexual offenses, we performed searches of open-source information and  public records and used database matching techniques described in  greater detail below. Our methodology was not designed to assess the  prevalence of sex offenders working at child care facilities; nor can it  establish the effectiveness of statutes and legislation designed to prevent  such occurrences. First, we compared social security numbers (SSN) that  we obtained from the Department of Justice’s (DOJ) National Sex  Offender Registry (NSOR) to SSNs in employment databases maintained  by 20 states and the District of Columbia for the years 2007 to 2009.  These states and the District of Columbia are not a generalizable sample,  but illustrate geographic diversity. From this comparison, we identified 24  potential cases of registered sex offenders working at child care facilities.  We identified the facilities by searching the data that we compiled through  our comparisons for employers whose business names contained terms  such as “children,” “child care,” and “daycare.” The cases we identified  focus only on individuals who were convicted of serious sexual offenses  prior to being employed at child care facilities and cannot be generalized  to all child care facilities. It is possible that our search did not capture sex  offenders whose names or social security numbers were inaccurate in  NSOR or employment data or who worked at facilities that were not  readily identifiable as child care providers, or whose employers did not  properly report the sex offender’s employment to the state, nor would it  capture instances where a registered sex offender was merely present at  the child care facility, but was not employed.
To identify additional potential case-study examples, we searched open- source information for reports of individuals who committed serious  sexual offenses and gained access to child care facilities. We reviewed  open sources published between the years 2000 through 2010. Open- source information refers to publicly available information, and may  include information obtained from sources such as the media and public  data. It is a key component of traditional law-enforcement, intelligence,  and other information-gathering agencies, such as the Central  Intelligence Agency. To determine whether the preliminary listing of cases  resulting from the above data matches and searches of open-source  information was sufficient, we confirmed that both of the following criteria  had been met: (1) the individual was a convicted sex offender before he  gained employment or was present at the child care facility and (2) the  individual was convicted of a serious sexual offense, to include crimes  against children or a violent sexual offense, or both.
To refine the list from which to select further cases for review, we  attempted to validate the identity of each offender and verify that he was  employed or present at a child care facility at some time during 2000  through 2010. We excluded from consideration cases where we could not  obtain records or immediately confirm the offender’s identity and  employment. Further, we interviewed related parties, law-enforcement  officials, or representatives from state agencies to validate and  investigate the facts in each case. Where applicable and available, we  reviewed police reports, and other court documents.
Ultimately, through a combination of our data matching, review of open- source information, public records, and interviews, and by focusing on the  offenders who had been convicted of serious sexual offenses in the past,  to include violent sexual offenses and crimes involving children, we  selected 10 cases from eight states and the District of Columbia. Of these  cases, 8 were selected from open-source information while the remaining  2 were selected from our comparison of SSNs in the NSOR with SSNs in  employment databases. The 8 cases selected from open-source  information cover the years 2002 to 2010. These examples are not  representative of the hiring practices of any child care facilities beyond  those highlighted in the report.
To the extent possible, we conducted searches to determine whether the  sex offenders in our cases had previous criminal histories or were the  subject of previous allegations of abuse. In addition, although the focus of  our investigation was not to determine whether the child care facilities in  our cases received public funds, during our investigation we observed  that some of these child care facilities did in fact receive public funding. In  these cases, we obtained information from relevant federal, state, and city  agencies indicating whether the facility received federal assistance from  the Department of Health and Human Services’ (HHS) Head Start  program or its Child Care Development Fund (CCDF) while a sex  offender was employed or a resident in the home of a child care provider.
Although our 10 case studies highlight issues or processes that may have  contributed to the employment or presence of sex offenders at the child  care facilities that we included in our report, the circumstances of each  case are unique and cannot be generalized to all child care facilities.
We performed our work from April 2010 to August 2011 in accordance  with standards prescribed by the Council of the Inspectors General on  Integrity and Efficiency.
subsections: section_title: Background
paragraphs: Parents who need child care services select from different types of child  care providers: in-home care, in which a child is cared for by a provider  such as an au pair or nanny in the child’s home; family child care or group  home care, in which the child is cared for in a private residence other than  the child’s home; and center care, in which a child is cared for by  providers in a nonresidential setting, such as in a church, school, or  business. Additionally, care can be provided by someone related to the  child other than the parents, such as grandparents, aunts, uncles, or  siblings, which is referred to as relative care. See table 1.
In general, states and localities are responsible for regulating child care  providers and carry out this responsibility by (1) establishing specific  requirements that regulated child care providers must comply with in  order to legally operate; and (2) enforcing these requirements through  activities conducted by state licensing offices. The stringency of the  requirements with which providers must comply and the scope and  intensity of state enforcement activities differ among the provider types  within states as well as among states overall. Many states do not regulate  a significant number of providers. This is because, given the competing  priorities for limited funds as well as other factors, states must make  choices about the extent to which they can conduct enforcement activities  and the types of providers to which these activities will apply. State  policies regarding child care regulation are also influenced by the supply  of child care and its cost to parents. Research has shown that some types  of child care regulation may increase the cost of doing business for  providers, particularly for small providers like family and group homes.
section_title: Overview of Federal and State Laws Related to the Employment of Sex Offenders at Child Care Facilities
paragraphs: Federal laws regulate the employment of sex offenders at federal child  care facilities, and widely divergent laws govern state child care facilities,  especially with regard to licensing requirements and penalties. We did not  analyze state regulations or policies, nor any laws, regulations, or policies  at the local level. In addition, the scope of this review did not include a  review of whether these laws were effectively enforced. For a summary of  laws related to the employment of sex offenders at child care facilities in  all 50 states, see appendix I.
Federal Laws. The National Child Protection Law of 1993 requires the  Department of Justice to conduct a criminal-history check at the request  of child care facilities or other youth-serving organizations. This check  allows for a fingerprint-based criminal-history search of the FBI’s National  Crime Information Center database. However, federal law does not  require child care facilities to use this service unless the facility is  federally owned or operated (or operated under a federal contract).
Other laws governing the employment of sex offenders relate to facilities  that receive federal grants. For example, Head Start grantees must either  conduct a state or national criminal record check before hiring any  employee, depending on state law requirements. Grantees are  prohibited from permanently hiring an individual until these checks h ave  been performed, although they may conditionally hire an individual if it isnot feasible to perform a preemployment check. Employees are also  required to sign a declaration to all pending and prior criminal arrests and ith any  charges related to child sexual abuse and their disposition, along w convictions related to other forms of child abuse and neglect and  convictions of violent felonies. Grantees are then required to determine  whether the individual is fit for employment based upon his or her criminal  charge or conviction. In addition to requirements for Head Start grantees,  CCDF requires that states certify to the federal government that they  have requirements in effect to protect the health and safety of children in  child care facilities who are subsidized with these funds. However, the  block grant does not dictate to states the specificity, stringency, or  number of requirements they must have or the manner in which they  should enforce them.
45 C.F.R. § 98.41. child care facility. Nine additional states more narrowly impose such a  prohibition on offenders whose victims were minors. Four states also  specifically prohibit sex offenders from residing at a facility that provides  child care services.
Criminal-History Check Requirements. Although it is not always clear  whether criminal-history checks need to be completed prior to  employment, all 50 states require such checks for owners and employees  of licensed child care facilities. However, the requirements for licensing  vary widely. Only 3 states appear to require criminal-history checks for all  licensed and unlicensed child care facilities, while 11 states require that  all facilities that receive state or federal funds perform these checks. In  addition, 23 states require criminal-history checks for adult residents at  licensed child care or group home facilities. Fourteen states and the  District of Columbia specifically require checks for volunteers at licensed  childcare facilities, and six states specifically require criminal-history  checks for contractors. Finally, several states exempt child care facilities  associated with schools or religious organizations from the licensing or  criminal-history check requirements.
Method for Conducting Criminal-History Checks. The vast majority of  states require that criminal-history checks for employees and other staff  be fingerprint-based and be conducted in both national and state  databases, but many do not specify that the checks must be completed  prior to an employee’s start date. In four states, statutes require criminal- history checks, but they do not specify the use of either national or state  databases. In addition, five states limit the check to state databases,  while four states require national database checks only if the employee or  applicant has not been a resident of the state for a specified period of  time. Four states require by statute that criminal-history checks be  performed at specified intervals.
Penalties for violations. All 50 states provide some type of penalty for  violating requirements related to the employment of sex offenders, but  these penalties vary widely. For example, 34 states and the District of  Columbia attach criminal penalties to licensing requirement violations,  failure of an owner or employee to disclose criminal-history information, or  failure to perform criminal-history checks. In 29 states, violation of  licensing requirements and failure to perform criminal-history checks may  result in civil penalties or fines, ranging from $5 per violation to  $10,000 per violation.
section_title: Cases of Child Care Facilities That Employed or Provided Residence to Sex Offenders
paragraphs: We did not assess the prevalence of sex offenders working or residing at  child care facilities; our 10 cases do provide examples of sex offenders  who gained access to such facilities as maintenance workers, spouses or  friends of providers, a cafeteria worker, and a carpenter. Seven of these  cases involve offenders who previously targeted children, and in at least 3  of the cases, the offenders used their access to children at the child care  facility to offend again. As discussed below, we identified instances of  relatives and acquaintances who knowingly hired offenders to work at  child care facilities and facilities that unknowingly hired offenders because  they did not perform preemployment criminal-history checks. Our  investigation also found instances where child care facilities employing  sex offenders operated without licenses or received federal funds.
Relatives or Acquaintances Knowingly Provided Sex Offenders  Access to Child Care Facilities. In at least 7 of our 10 cases, sex  offenders were hired or allowed to reside at both licensed and unlicensed  facilities by relatives or acquaintances who were aware of the offenders’  previous offenses. As shown in the cases, the regulatory consequences  for allowing a sex offender to have access to a child care facility differ  widely, ranging from, for example, no action being taken to suspension of  a child care license to a misdemeanor charge for providing child care  services in a home where a sex offender resides. Examples from our  case studies include the following:    Operators of a licensed child care facility in the District of Columbia  hired their son in April 2008 as an after-hours janitor even though he  had been convicted for attempting to sexually abuse a very young girl.  The terms of the offender’s parole and District of Columbia law  prohibited him from being employed at a child care facility. After  interviewing the child care provider, we confirmed that the offender  was working at the facility in November 2010. The offender’s father  told us that employing his son to work at the child care facility was not  a cause for concern, even though he was a convicted sex offender; he  also stated that his son’s employment was approved by his probation  officer and that he only worked after the school was closed. We  referred the case to the Metropolitan Police Department, Sex Offender  Registry Unit, who told us that they could not take action against the  offender because he was no longer under court supervision and the  restrictions of his parole no longer applied. We then referred the  matter to the Office of the State Superintendent of Education, the  office responsible for licensing child care facilities in the District of  Columbia. In March 2011, the office required the owners to certify that  they had terminated their son’s employment and notify him that he  was prohibited from visiting the child care facility, in order to maintain  their license. As of March 21, 2011, the office was still investigating  the matter.    An Illinois woman allowed her husband to reside at her unlicensed  home-based child care facility even though he had prior convictions  for sexual assault and abuse. In Illinois, sex offenders are not allowed  to be present at any child care facility. Over a 6-year period, the  offender sexually molested one of the children under his wife’s care.  He was sentenced to life in prison and is currently incarcerated.  Prosecutors told us that they could not gather enough evidence to  prosecute the wife.    A Kentucky owner of a licensed child care facility hired a cafeteria  worker even though she knew that he had been convicted of sexual  abuse in the first degree, because she wanted to help him. Kentucky  prohibits child care facilities from hiring sex offenders for any position  involving direct contact with minors. A series of anonymous tips led to  an investigation of the child care facility, which resulted in a  suspension of her license and an order to cease operations. She  revoked her right to appeal the suspension.    A woman in North Carolina allowed her husband and his son, both of  whom were convicted for taking indecent liberties with a minor, to  reside in a house where she was providing child care. North Carolina  prohibits sex offenders from being present at child care facilities. In  February 2010, the mother of two of the children who attended the  child care facility reported that one of the children had witnessed the  husband sexually abusing her sibling. The husband was convicted on  felony charges of being an offender in a home where child care is  provided and indecent liberties with a child and sentenced to 19 to 23  months in prison with 5 years probation. The offender’s son was never  charged. Police arrested the offender’s wife for the misdemeanor  offense of offering child care services in a home where a sex offender  resides; her trial was scheduled to begin in September 2011. We  could not obtain information regarding the present operation of the  child care facility.
Child Care Facilities Not Performing Preemployment Criminal- History Checks. At least two cases show examples in which licensed  child care facilities unknowingly hired employees who were sex offenders  because they did not conduct required criminal-history checks. The  documents we reviewed and the officials we spoke with indicated that the  child care facilities did not perform these checks because of poor  oversight and an unclear understanding of background check  requirements.
In June 2007, an offender who was convicted for sexually abusing a  minor gained employment as a substitute custodian at three child care  facilities in New York City. The City of New York requires criminal- history checks on employees of licensed child care facilities; and  according to the Director of the child care facility, employees are not  authorized to begin working until after the employer receives the  results of these checks. However, the offender was not scheduled to  have his fingerprints checked for more than 9 months after he began  working. He was subsequently terminated as a result of downsizing.  The organization only learned of the offender’s criminal past through  our investigation. The Director of the facility also told us that it was  likely that the organization failed in its oversight role because he was  hired when the organization was in flux. The child care facility is now  owned and operated by a different organization.    A South Carolina child care facility hired an offender in September  2009 who was convicted of committing sexual battery. The person  was hired to provide maintenance and repair services at six different  child care facilities. South Carolina requires licensed facilities to  perform fingerprint-based state and national criminal-history checks  on all employees. The owners said they did not perform a criminal- history check on the offender in this case because he was a self- employed contractor and not an employee of the child care facility. In  December 2009, the human resource director at the child care facility  reported the offender’s employment to law enforcement and child  protective services. We could not obtain information regarding the  present operation of the child care facility.
Some Facilities Operated without Required Licenses. At least 3 of our  10 cases involve child care facilities that allegedly cared for more children  than legally allowed without a license or did not operate as permitted by  the state. States and localities are responsible for regulating child care  providers by establishing specific requirements they must meet and  enforcing those requirements. Many states set thresholds at which  regulation begins according to the number of children served by different  types of providers and exempt from regulation those providers falling  below these thresholds. For example, in a given state, providers caring  for seven or more children in their home might be regulated, while  providers caring for four children in their home might be exempted from  regulation. Licensed providers are generally subject to standard  oversight, which includes background checks, inspections, technical  assistance and training, and the application of sanctions when providers  are found to be out of compliance. Unlicensed providers may be subject  to less intense scrutiny or none at all. However, the requirements for  licensing vary widely. If enforced, penalties for violating licensing  requirements also vary widely, ranging from a $5 administrative fine to  imprisonment for a term of years. Examples from our case studies include  the following:    A Missouri child care facility providing care for 31 children employed  as a maintenance man a person convicted of attempted child  molestation. He had been working at the facility for approximately 2  years when he was discovered in January 2003. In Missouri,  fingerprint-based national and state criminal-history checks are  required for all employees of licensed child care facilities—those with  5 or more children. However, Missouri exempts from regulation child  care facilities that are affiliated with a school system. The child care  facility received an exemption from state regulation after it claimed to  be a school; however, during the state’s investigation, it found no  evidence to support this claim. The facility was eventually condemned  after state officials and police conducted investigations into allegations  of child abuse and found unsafe conditions. Subsequently, the  offender pled guilty to two misdemeanor counts of child  endangerment. The child care provider pled guilty to 31 counts of  felony child endangerment and received 3 years of probation. The  Missouri Department of Health and Senior Services told us that as of  November 2010 the child care facility was no longer in operation.    Another Missouri offender convicted for having sexual intercourse with  a minor subsequently resided in the trailer where his girlfriend  provided child care services when he was arrested by police during a  domestic dispute. The offender pled guilty to assaulting his girlfriend,  receiving a 1-year suspended sentence with 2 years of probation. An  August 2004 report by the offender’s probation officer indicated that  he was compliant with sex-offender registration requirements;  however, he continued to reside at the same home with his girlfriend  while he was on probation and she continued to provide child care  services. The Missouri Department of Health and Senior Services told  us that as of November 2010 the child care facility was no longer in  operation.    An Arizona offender convicted of indecent exposure to a minor was  operating an unlicensed facility with his wife in October 2005. The  child care facility provided services for more than 15 children,  although Arizona required a license for any facility with 5 or more  children. Police discovered the offender operating the child care  facility after a parent alleged that he abused her child. The offender  fled the state, but was eventually apprehended. He subsequently pled  guilty to sexual exploitation of a minor and dangerous crimes against  children in the first degree and was sentenced to 13 years’  imprisonment. According to the prosecutor, his wife has not been  charged. We could not obtain information regarding the present  operation of the child care facility.
Several Child Care Providers Received Federal Funds. At least four of  the child care facilities—two licensed and two unlicensed—received  federal funds from HHS’s Head Start program or its Child Care  Development Fund (CCDF). In all four cases, we attempted to determine  the amount of funds received during the time that a sex offender was  employed or resided at the child care facility, although we can not be  certain when offenders began living or working at some facilities because  the operators did not keep comprehensive records. The Head Start  program delivers comprehensive educational, social, health, nutritional,  and psychological services to low-income families and their children who  are below the age of compulsory school attendance. These services  include preschool education, family support, health screenings, and  dental care. The Office of Head Start makes grants directly to  approximately 1,600 local organizations, including community-action  agencies, school systems, tribal governments and associations, and for- profit and nonprofit organizations. Administered by HHS as a block  grant to the states, CCDF subsidizes child care for low-income children  under age 13 whose parents work or attend educational or job-training  programs. In September 2010, we reported that criminals could obtain  CCDF subsidies to provide child care because at least five states did not  conduct criminal-history checks, verify SSNs, or compare provider  information to sex-offender registries. In our current investigation, we  notified the Administration for Children and Families (ACF) at HHS of the  four cases where sex offenders worked or resided at child care facilities  that received federal funds. Details regarding our four cases follow.
In one case, owners of the licensed Washington, D.C., child care facility  that hired their son, an offender convicted for attempting to sexually  abuse a child, to work as a janitor, received at least $1 million in  assistance from the Head Start program between April 2008 and  December 2010. Head Start requires that grantees conduct a state or  national criminal-history check on prospective employees, depending on  state law. The District of Columbia requires both state and national  checks for all owners, volunteers, and employees of licensed child care  facilities with 6 or more children. ACF has informed us that this facility’s  Head Start contract has been terminated. In the three remaining cases,  two in Missouri and one in New York, child care facilities received funds  from CCDF. In New York, a licensed facility hired a custodian in 2007  who was convicted for sexually abusing a minor and the facility received  nearly $750,000 in financial assistance from CCDF between July 2007  and June 2008. In one Missouri case, a man convicted for attempted child  molestation worked at a child care facility that received nearly $250,000 in  federal assistance from the CCDF between 2001 and 2003. In the other,  an offender convicted for sexually assaulting a minor resided in his  girlfriend’s unlicensed, home-based day care, which received more than  $4,200 in federal assistance from CCDF between 2001 and 2002.  Although Missouri is 1 of 11 states that requires facilities that receive  state or federal funds to perform criminal-history checks, there are no  federal requirements for CCDF grantees to conduct these checks.
Table 2 provides a summary of the 10 cases we examined.
Contact points for our Offices of Congressional Relations and Public  Affairs can be found on the last page of this report.
section_title: Appendix I: Summary of State Laws Related to the Employment of Sex Offenders at Child Care Facilities
subsections: section_title: State AL
paragraphs: Convicted sex offenders may not be  employed within 2,000 feet of a child  care facility.
Fingerprint-based national and state  criminal-history checks are required of  all employment applicants,  employees, and volunteers of  licensed child care facilities (1 or  more children).
Violation of the licensing requirements,  including failing to report criminal-history  information, is a misdemeanor.
Convicted sex offenders with child  victims may not operate a licensed  child care facility.
Fingerprint-based national and state  criminal-history checks are required of  all owners, employees, contractors,  unsupervised volunteers, and other  persons present on the premises of  licensed child care facilities (5 or  more children).
Intentional or criminally negligent violation  of the licensing requirements related to  health or safety is a misdemeanor.
Registered sex offenders may not  volunteer or be employed at a licensed  child care center.
Fingerprint-based national and state  criminal-history checks are required of  all employees and volunteers of  licensed child care facilities (5 or  more children).
Violation of the licensing requirements is a  misdemeanor and may also result in civil  penalties of up to $100 per violation per  day.
Registered sex offenders may not  operate or serve as a contractor or  employee of a child care center.
State fingerprint-based criminal- history checks are required of all  operators, employees, contractors,  and employment applicants of  licensed child care facilities (6 or  more children or one that accepts  state or federal funds). National  checks are required if the individual  has not been a state resident during  the last 5 years. Periodic checks are  required every 5 years.
Violation of the licensing requirements,  including failure to perform criminal- history checks, may result in civil  penalties of up to $100 per violation per  day.
Registered sex offenders with child  victims may not be an employer,  employee, contractor, or volunteer that  involves working with children.
Fingerprint-based national and state  criminal-history checks are required of  all operators, employees, volunteers,  and adult residents of child care  facilities. Abuse-registry checks are  also required of all operators.
Willful or repeated violation of the  licensing requirements is a misdemeanor.  Failure to perform criminal-history checks  may result in civil penalties of up to $500  (or $3,000 for repeated offenses).
Convicted sex offenders may not  operate or be employed or reside at a  licensed child care facility.
Abuse-registry and fingerprint-based  state criminal-history checks are  required of all owners, employees,  and other adult residents of licensed  child care facilities (5 or more  children) and those accepting state  funds. National checks are required if  the individual has not been a state  resident during the last 2 years.
Violation of the licensing requirements is a  misdemeanor and may also result in civil  penalties of up to $100 per day.
section_title: State CT
paragraphs: Abuse-registry and national and state  criminal-history checks are required of  all prospective employees (who will  care for children) of licensed day care  centers (13 or more children), group  day care homes (7 to 12 children  cared for in a residence), and family  day care homes (1 to 6 children cared  for in a residence).
Violation of the licensing requirements,  including failure to report criminal-history  information, may result in civil penalties of  up to $100 per day. Failure to report  criminal convictions to a day care center  by an employee or prospective employee  is a misdemeanor.
Convicted sex offenders with child  victims are prohibited from being  employed in a position having direct  access to children.
National and state criminal-history  checks are required of all prospective  employees (with regular, direct  access to children) of licensed child  care centers (1 or more children) and  child care facilities receiving federal  funds.
Failure by a child care center to perform a  criminal-history check of an employee is a  misdemeanor. Failure by a prospective  employee to report accurate sex-offense  history is a felony.
Convicted sex offenders may not be  employed at a licensed day care  center.
Abuse-registry and fingerprint-based  national and state criminal-history  checks are required of all owners,  volunteers, and employees of  licensed child care centers (6 or more  children).
Failure by a prospective employee or  volunteer to report criminal-history  information is punishable by fines of up to  $1,000 or imprisonment of up to 180 days,  or both.
Sex offenders on supervised release  whose victims were minors may not  work or volunteer at any child care  facility.
Fingerprint-based national and state  criminal-history checks are required of  all prospective employees of licensed  child care centers (6 or more children)  or family day care homes (children  from more than one family cared for in  a residence).
Violation of the licensing requirements  may result in fines of up to $100 per  violation per day ($500 for violations that  could cause serious harm).  Misrepresentation associated with an  employment or licensing application is a  misdemeanor.
Registered sex offenders may not be  employed by or reside at any child  care facility.
Fingerprint-based national and state  criminal-history checks are required of  all owners and employees (and adult  residents present when children are  present) of licensed day care centers  (19 or more children), group day care  homes (7-18 children), or family day  care homes (3-6 children cared for in  a residence).
Violation of the licensing requirements is a  misdemeanor and may also result in civil  penalties of up to $500 per day.
Fingerprint-based national and state  criminal-history and abuse registry  checks are required of all operators  and employees of licensed child care  facilities (generally 3 or more  children).
Violation of the licensing requirements  may result in civil penalties of up to  $1,000 for the first violation and up to  $3,000 for subsequent violations.
section_title: State ID
paragraphs: Registered sex offenders may not be  employed by or be present at any day  care center.
National and state criminal-history  checks are required of all operators,  employees, and other persons with  unsupervised direct contact with  children at child care facilities with 4  or more children.
Failure to perform the criminal-history  checks is a misdemeanor.
Registered sex offenders may not  operate, be employed by, volunteer, or  be present at any day care center.
Fingerprint-based national and state  criminal-history checks are required of  all owners and employees of licensed  child care facilities (1 or more  children).
Violation of the licensing requirements is a  misdemeanor.
Convicted sex offenders may not be  employed or volunteer at child care  facilities.
National and state criminal-history  checks are required of all employees,  volunteers, and adult residents of  licensed child care facilities (1 or  more children).
Violation of the licensing requirements is a  misdemeanor and may also result in civil  penalties of up to $1,000.
Registered sex offenders whose  victims were minors may not be  employed by, volunteer at, or serve as  a contractor for a child care facility.
Fingerprint-based national and state  criminal-history and abuse-registry  checks are required of all operators  and employees (with direct  responsibility or access to children)  and residents of licensed child care  facilities (7 or more children) and  individuals who accept public funds  for child care.
Failure to perform criminal-history checks  is a misdemeanor.
Convicted violent or sexual offenders  may not reside, work, or volunteer at a  child care facility.
Fingerprint-based national and state  criminal-history checks are required of  all employees, volunteers, and  residents of licensed child care  facilities (1 or more children).
Violation of the licensing requirements  that significantly and adversely affect the  health or safety of children may result in  civil penalties of up to $500 per day.
Registered sex offenders may not  enter a licensed child care facility  without advance permission of the  director. Child care centers may not  hire sex offenders for any position  involving direct contact with a minor.
Criminal-history checks are required  of all employees of licensed child care  facilities (7 or more children) or family  child care homes (4 to 6 children).
Violation of the licensing requirements  may result in fines of up to $500.  Violations involving allowing violent and  sexual offenders to have contact with  children may result in fines between $500  and $1,000.
Persons convicted of sexual offenses  against victims under 13 may not be  present within 1,000 feet of a day care  center without permission. Registered  sex offenders may not operate, own,  or participate in the governance of a  child care facility.
Licensed child care facilities (7 or  more children) must arrange to have  criminal background checks on any  employees given supervisory or  disciplinary authority over children.  Abuse-registry checks are required of  all owners, operators, employees, and  volunteers of licensed child care  facilities.
Failure by an owner, operator, employee,  or volunteer to report abuse history is a  misdemeanor.
section_title: State ME
paragraphs: Convicted sex offenders whose victims  were under 14 may not initiate contact  with a child under 14 at a child care  facility.
State criminal-history and child- protection checks are required of all  employees, owners, and volunteers of  licensed child care centers (3 or more  children), as well as persons who  provide for care for children in their  home and accept state or federal  funds.
Violation of children’s rights, including  abuse, may result in financial penalties of  up to $50 per incident. Providing false  information in the licensure process may  result in financial penalties of up to $500  per incident.
Registered sex offenders may not  enter child care facilities.
National and state criminal-history  checks are required of all employees,  adult residents, and owners of  licensed child care centers and  registered child care homes.
Failure to perform criminal-history checks  or to disclose criminal-history information  is a misdemeanor. Violation of the  licensing requirements is a misdemeanor.
The commissioner of probation must  establish exclusion zones for persons  on probation for sexually violent  offenses or offenses against children  to minimize contact with children.
Criminal-history checks are required  of all persons with the potential for  unsupervised contact with children  (including adult residents) in licensed  child care facilities (the nonoccasional  care of children).
Violation of the licensing requirements  may result in criminal sanctions of up to a  $5,000 fine or 2-½ years imprisonment, as  well as civil fines up to $250 per violation.
State criminal-history checks are  required of all employees and  contractors of licensed child care  organizations (1 or more children).  Fingerprint-based national and state  criminal-history checks are required of  all owners and operators of licensed  facilities.
Violation of the licensing requirements is a  misdemeanor.
Sexual and violent offenders may not  have direct contact with children at a  child care facility.
Abuse registry and state criminal- history checks are required of all  operators, adult residents, and current  and prospective employees,  volunteers and contractors with direct  contact with children of licensed child  care facilities (providing care to the  children of more than one family).  National checks are required if there  is reasonable cause to do so.
Violation of the licensing requirements,  including failure to perform criminal- history checks, may result in fines of up to  $200 per violation.
Registered sex offenders may not  own, operate, work, or volunteer at a  child care facility.
Abuse registry and fingerprint-based  national and state criminal-history  checks are required of all operators  and adult residents of licensed child  care facilities (6 or more children).
Failure to perform criminal-history checks  may result in a penalty of up to $10,000  per violation. Operation of a child care  facility by a sex offender is a felony.  Employment of a sex offender by a child  care facility is a misdemeanor.
section_title: State MO
paragraphs: Fingerprint-based national and state  criminal-history and abuse-registry  checks are required of all employees  of licensed child care facilities (5 or  more children). Individuals receiving  federal or state funds for child care  and any other residents of their  homes must submit to criminal-history  checks.
Violation of the licensing requirements  may result in fines of up to $200.  Subsequent violations are misdemeanors.
State criminal-history and child- protection checks are required of all  owners, employees, and adult  residents of licensed day care  facilities (3 or more children). National  fingerprint-based checks are required  if the individual lived outside of the  state during the last 5 years.
Violation of the licensing requirements  may result in license revocation;  continued operation after revocation is a  misdemeanor.
The Nebraska Department of Health  and Human Services is authorized to  conduct national and state criminal- history checks of the owners and  employees of licensed child care  facilities (4 or more children).
Violation of the licensing requirements  may result in civil penalties of up to $5 per  child authorized to be enrolled per day.
A mandatory condition of  probation/parole for sexual offenders  is a prohibition of coming within 500  feet of a child care facility.
Fingerprint-based national and state  criminal-history checks are required of  all owners, employees, and adult  residents of licensed child care  facilities (5 or more children).
Violation of the licensing requirements  may result in administrative fines of up to  $100 per violation.
Abuse-registry and fingerprint-based  national and state criminal-history  checks are required of all employees  with regular contact with children and  adult residents of licensed and  registered child day care centers (4 or  more children) and those that receive  state funds.
Violation of the licensing requirements is a  misdemeanor and may also result in  administrative fines of up to $2,000 per  violation.
Felons with violent, sexual, or child- victim convictions are prohibited from  employment at a licensed child care  center.
National and state criminal-history  checks are required of all owners,  volunteers, contractors, and  employees of licensed child care  centers (6 or more children). Abuse- registry checks are required of any  day care provider and adult residents  of their household accepting state  subsidies.
Violation of the licensing requirements  may result in criminal penalties, including  up to 18 months imprisonment.
section_title: State NM
paragraphs: Fingerprint-based national and state  criminal-history checks are required of  all operators, employees, and staff of  child care facilities that provide care  for children for 20 hours or more per  week.
Violation of the licensing requirements  may result in civil penalties of up to  $5,000 per day.
A mandatory condition of parole for  sexual offenders whose victims were  minors is a prohibition on entering any  facility used for the care or treatment  of children. Sex offenders are  prohibited from operating or working or  volunteering at a day care center  unless the Office of Children & Family  Services determines there is no risk to  the health, safety, or welfare of the  children.
Fingerprint-based national and state  criminal-history checks are required of  all operators, employees, and  volunteers of all child care facilities  (providing care for children for more  than 3 hours per day).
Willful violation of the licensing  requirements is a misdemeanor.
Registered sex offenders may not be  present at child care facilities or work  or volunteer at any position involving  the supervision, care, or instruction of  minors.
Fingerprint-based national and state  criminal-history checks are required of  all operators and employees of  licensed child care facilities (3 or  more children) and all providers who  accept federal or state subsidies.
Violation of the licensing requirements is a  misdemeanor and may also result in civil  penalties of up to $1,000 per violation per  day. Willful or repeated violations are a  felony.
Registered sex offenders may not  provide child care services.
Abuse-registry and fingerprint-based  national and state criminal-history  checks are required of all operators,  residents, and employees of licensed  child care facilities (more than 4  infants or 5 children).
Violation of the licensing requirements,  including employment of a sex offender, is  a misdemeanor and may also result in  fiscal sanctions of $5 per violation per  day.
Fingerprint-based national and state  criminal-history checks are required of  all owners, operators, and employees  (with responsibility for the care,  custody, or control of children) of  licensed child care facilities (7 or  more children). Periodic checks are  required every 4 years.
Failure to disclose criminal-history  information is a misdemeanor.
Registered sex offenders may not  work in businesses providing services  to children or loiter within 500 feet of a  licensed child care facility.
Criminal-history checks are required  of all operators, employees, and adult  residents and of licensed child care  facilities (providing care for more than  15 hours per week).
Violation of the licensing requirements or  failure to perform criminal-history checks  is a misdemeanor. Employment of a sex  offender in a child care facility may result  in an administrative penalty up to  $10,000.
Predatory and violent sex offenders  may not be on the premises of a child  care facility.
National and state criminal-history  and abuse-registry checks are  required of all operators and  employees of child care facilities with  4 or more children. Periodic checks  are required every 2 years.
Violation of the licensing requirements  may result in civil penalties of up to $100  per violation or up to $500 for subsequent  violations.
section_title: State PA
paragraphs: Violent and sexual felons are  prohibited from working at a licensed  child care facility.
Abuse-registry and fingerprint-based  national and state criminal-history  checks are required of all employees  (with direct contact with children) of  licensed child care facilities (7 or  more children) and of all employees  and adult residents of registered  family day care homes (4 or more  children).
Violation of the criminal-history check  requirements may result in civil penalties  up to $2,500.
Fingerprint-based national and state  criminal-history checks are required of  all operators and employees of  licensed child care facilities (1 or  more children) and registered family  day care homes (4 or more children  cared for in a residence).
Violation of the licensing requirements  may result in criminal penalties of up to  $500 fine or 6 months imprisonment, or  both ($1,000 or 1 year imprisonment, or  both, for subsequent offenses).
Registered sex offenders may not  work at a child care center.
Fingerprint-based national and state  criminal-history checks are required of  all operators and employees of  licensed child care facilities (13 or  more children) or licensed group child  care homes (7 to 12 children cared for  in a residence) and of operators and  adult residents of family child care  homes (no more than 6 children cared  for in a residence).
Violation of the licensing requirements is a  misdemeanor.
Registered sex offenders may not  reside or be employed at any child  care facility or day care home.
Abuse-registry and fingerprint-based  national and state criminal-history  checks are required of all operators,  administrators, adult residents, and  employees or volunteers who provide  care or supervision to children in  licensed child care facilities (13 or  more children).
Hiring a sex offender or recent felon or  employment by a sex offender or recent  felon in a child care facility is a  misdemeanor.
Registered sex offenders whose  victims were minors may not be  employed within 1,000feet of any  licensed child care facility.
Fingerprint-based national and state  criminal-history checks are required of  all employees and volunteers (who  work more than 20 hours per month)  of all child care facilities.
Misrepresentation in the licensure  process, including in regards to the  eligibility of employees to work in a child  care facility, is a misdemeanor.
A mandatory condition of parole for  sexual offenders whose victims were  minors is a prohibition on entering a  day care facility.
Fingerprint-based national and state  criminal-history checks are required of  all operators, owners, employees, and  adult residents of licensed child care  facilities (more than 1 child).
Failure to perform criminal background  checks or to preclude an individual with a  criminal history from employment or  residence at a child care facility is a  misdemeanor.
section_title: State UT
paragraphs: Registered sex offenders may not  enter the premises of a licensed day  care facility.
Fingerprint-based national and state  criminal-history checks are required of  all operators, directors, employees,  volunteers, and adult residents of  licensed child care facilities and those  accepting public funds.
Violation of the licensing requirements is a  misdemeanor and may also result in civil  penalties of up to $1,000 per day if the  violation is likely to lead to the harm of a  child or $5,000 if actual harm to a child  occurs.
Abuse-registry and criminal-history  checks are required of all employees  of licensed child care facilities (3 or  more families) and any facility that  accepts public subsidies.
Violation of the licensing requirements  may result in license revocation;  continued operation after revocation may  result in civil penalties of up to $100 per  violation.
Sexual or violent offenders may not be  employed or volunteer at a day care  facility. Registered sex offenders may  not operate a family day care home.
Abuse-registry and fingerprint-based  state criminal-history checks are  required of all operators, employees,  adult residents, and volunteers of  licensed child care facilities (1 or  more children cared for in a  residence; or 2 or more children cared  for elsewhere) and of any facility that  receives state funds.
Employment of a sexual offender or child  abuser is a misdemeanor.  Misrepresentation in the licensure process  is a misdemeanor. Violation of the  licensing requirements may result in civil  penalties of up to $500 if the health and  safety of children are at risk.
A mandatory condition of supervised  release for sexual offenders whose  victims were minors is a prohibition on  serving in a paid or volunteer capacity  in a position involving control or  supervision of children.
Fingerprint-based national and state  criminal-history checks are required of  all operators and employees who  have not lived in the state for the past  3 years of licensed child care  facilities.
Violation of the licensing requirements  may result in civil penalties of up to $250  per violation per day.
A mandatory condition of supervised  release for sexual offenders whose  victims were minors is a prohibition on  employment within 1,000 feet of a  child care facility.
Fingerprint-based national and state  criminal-history checks are required of  all operators and employees  responsible for the care of children in  all child care facilities.
Violation of the licensing requirements  may result in license revocation;  continued operation after revocation is a  misdemeanor.
Convicted sex offenders whose victims  were minors may not be employed or  volunteer in a position that requires  interaction with children.
Abuse-registry and fingerprint-based  national and state criminal-history  checks are required of all operators,  adult residents, and employees and  contractors with regular, direct contact  with children, and adult residents of  licensed child care facilities (4 or  more children). Periodic checks are  required every 4 years.
Violation of the licensing requirements  may result in civil penalties of up to  $1,000 per violation per day.
Abuse-registry and state criminal- history checks are required of all staff  of licensed child care facilities (3 or  more children).
Violation of the licensing requirements  may result in license revocation;  continued operation after revocation is a  misdemeanor.