An Act To Remove the Requirement That Child Care Facility Workers and Family Child Care Providers Submit to Criminal Background Checks
Maine Legislature, Session 128, LD 0561
Committee: Health and Human Services
Sponsors: SIROCKI
Amends: 22 MRSA §7702-A, 22 MRSA §8302-A

Legislative Document
No. 561
H.P. 403
House of Representatives, February 14, 2017
An Act To Remove the Requirement That Child Care Facility 
Workers and Family Child Care Providers Submit to Criminal 
Background Checks
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative SIROCKI of Scarborough.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §7702-A, sub-§3, ¶C, as amended by PL 2015, c. 497, §1, is 
further amended to read: 
C.  Section 8302-A, subsection 1, paragraphs B to J I and subsection 2, paragraphs A 
to F and H to K J. 
Sec. 2.  22 MRSA §8302-A, sub-§1, as amended by PL 2015, c. 497, §2, is 
further amended to read: 
1.  Rules for child care facilities.  Rules for child care facilities must include, but are 
not limited to, rules pertaining to the following: 
A.  Child to staff ratios; 
B.  The health and safety of the children and staff, including training on 
communicable diseases; 
C.  Water for drinking and cooking; 
D.  Wastewater; 
E.  Rabies vaccinations for pets; 
F.  The quality of the program provided; 
G.  The age, criminal record and personal history of the provider of care for children 
and staff members; 
H.  The administration of medication; and 
I.  Licensing procedures; and. 
J.  Requiring a criminal background check for: 
(1)  Each child care staff member whose activities involve the care or supervision 
of children; and 
(2)  Each adult who has unsupervised access to children who are cared for or 
supervised by a child care facility. 
The criminal background check must meet the requirements of 42 United States 
Code, Section 9858f(b). 
Rules adopted pursuant to this subsection are routine technical rules pursuant to Title 5, 
chapter 375, subchapter 2-A, except that rules adopted pursuant to paragraph J to comply 
with 42 United States Code, Section 9858f(b) are major substantive rules pursuant to 
Title 5, chapter 375, subchapter 2-A. 
Sec. 3.  22 MRSA §8302-A, sub-§2, as amended by PL 2015, c. 497, §3, is 
further amended to read: 
2.  Rules for family child care providers.  Rules for family child care providers 
must include, and are limited to, rules pertaining to the following: 
A.  Cardiopulmonary resuscitation; 
B.  Water for drinking and cooking; 
C.  Wastewater; 
D.  Rabies vaccinations for pets; 
E.  Recording the times, reasons and numbers of children involved when more than 
children are cared for; 
F.  Ongoing training for providers on health and safety issues, including training on 
communicable diseases.  This training must be offered at times that are convenient to 
the providers; 
G.  Child to staff ratios; 
H.  Health and safety of the children and staff; 
I.  Procedures for waivers of rules and for suspension and revocation of certification; 
and 
J.  The age, criminal record and personal history of the family child care provider, 
staff and members of the household; and. 
K.  Requiring a criminal background check for: 
(1)  The family child care provider; 
(2)  Each child care staff member whose activities involve the care or supervision 
of children; and 
(3)  Each adult who has unsupervised access to children who are cared for or 
supervised by the family child care provider. 
The criminal background check must meet the requirements of 42 United States 
Code, Section 9858f(b). 
Rules adopted pursuant to paragraphs A to F are routine technical rules pursuant to Title 
5, chapter 375, subchapter 2-A and rules adopted pursuant to paragraphs G to K J are 
major substantive rules pursuant to Title 5, chapter 375, subchapter 2-A. 
Sec. 4.  22 MRSA §8302-A, sub-§3 is enacted to read: 
3.  Rules regarding criminal background checks for providers and staff 
prohibited.  The commissioner may not adopt or enforce a rule that requires a criminal 
background check for a family child care provider or a staff member or other adult at a 
child care facility or child care provider. 
SUMMARY 
This bill removes the requirement that a family child care provider, the staff of a 
family child care provider or child care facility or other adult who has unsupervised 
access to children who are cared for or supervised by the family child care provider or 
child care facility undergo a criminal background check.