Background:
The Child Care Development Block Grant Act (CCDBG) of 2014 requires
the following five background checks be completed for each individual who owns,
works, applies to work or resides in a family child care home or child care center:
- Bureau of Criminal Investigation (BCI)
- Federal Bureau of Investigation (FBI)
- National Sex Offender Registry
- State Sex Offender Registry
- Statewide Automated Child Welfare Information System
(SACWIS)
The law also requires that all background check results be reviewed
by the Ohio Department of Job and Family Services (ODJFS). In addition, individuals
will no longer be required to complete new background checks if they change employers
within a specified timeframe.
Background check rules are currently being amended to meet the new
Federal requirements. ODJFS must review the five checks for all child care providers
in Ohio by September 30, 2018. ODJFS is reviewing checks for all currently licensed
or certified providers in stages over the next year to ensure compliance with the
new checks.
Implementation
for Currently Licensed Type B Home Providers
Beginning July 3, 2017, ODJFS will work with county agencies to obtain
the copies of the results of the most recent BCI, FBI, and child abuse and neglect
(SACWIS) checks on file for all licensed Type B Home providers, residents age eighteen
and older, child care staff members, employees, and substitutes. County agencies
shall submit these records for Type B providers and required individuals to ODJFS
by August 15, 2017. This letter is for notification
only, there is no action required from Type B Home providers at this time.
ODJFS will review these records, the state and national sex offender
registries and will also request all checks from any states the individual resided
in for the previous five years.
Type B Providers and Residents Over 18
Once the review of background check results has been completed for
each provider and resident of the Type B Home, ODJFS will notify the person and
the county regarding the person's eligibility to own or reside in a family child
care (FCC) program. If ODJFS determines that the Type B home provider is not eligible
to be a provider or that a resident of the home is not eligible to reside in a licensed
Type B Home, the county agency shall recommend revocation of the license unless
the provider voluntarily surrenders the license.
Employees and Child Care Staff Members
Once the review of background check results has been completed for
each employee or child care staff member (including substitutes) of the Type B Home,
ODJFS will notify the person and the Type B Home provider regarding the person's
eligibility to work in a FCC program. If ODJFS determines the person is not eligible
to work in a FCC program, the Type B Home provider shall immediately terminate their
employment, unless the individual requests a review. If the individual requests
a review the individual cannot be on-site at the program during the review process.
Right to Review
If the individual believes the information received is not accurate,
he or she may directly contact the agency that contributed the questioned information.
More information on this is available at https://jfs.ohio.gov/cdc/childcare.stm.
If the individual disagrees with the decision made by ODJFS, they may submit the
JFS 01178 “Request for Review of Background Check Decision for Child Care” to request
a review of the decision.
Please contact the Child Care Policy Helpdesk at 1-877-302-2347,
option 4, if you have any questions.