DelawareHB 47153rd General Assembly (2024–2026)HouseWALLET

AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO BACKGROUND CHECKS.

Sponsored By: Kimberly Williams (Democratic)

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 2 benefits, 0 costs, 1 mixed.

Stronger screening rules for child-serving workers

Delaware requires fingerprint-based state and FBI criminal checks, plus Child Protection Registry checks, across covered child-serving groups. These include public and private K–12 schools, licensed child-care facilities, youth camps, and similar programs for school-age children. Covered people include current and prospective employees, volunteers, contractors with regular direct access or direct services, and student teachers. Related-organization staff with regular access and school board members are also covered under the applicable school rules. Covered camps run up to 12 weeks, with programs lasting at least 3 hours daily during May–September or school breaks. Private schools and youth camps lose their former alternative-check or opt-out options. People disqualified by law cannot work, contract, or volunteer in covered settings, strengthening child protections while limiting access to these roles. Private-school heads or their designees make final hiring and engagement decisions, subject to those bans. These checks do not replace other federal or state child-care requirements. The law took effect July 1, 2025, with full compliance required by September 1, 2025.

State covers some workers’ screening costs

Beginning July 1, 2025, Delaware pays background-check costs for applicants to child-care facilities requiring licenses under Title 14, Chapter 30A. The education and child-welfare departments may also pay for checks for their current or prospective employees. That agency payment is optional, not guaranteed. Applicants generally pay their own costs outside these exceptions, including most private-school applicants.

Ongoing worker screening and possible check reuse

State identification and justice-information agencies must send later Delaware criminal-history updates for covered employees and contractors to original designated recipients. The State Bureau of Identification must also send available Rap Back updates if it has access to that system. Records remain confidential; private schools receive authorized results directly, and disclosure is limited to authorized school or agency officials. The State Police superintendent can set rules for check reuse and ongoing monitoring; reuse requires the checked person’s written permission. Reuse is not guaranteed: rules must limit its scope and address the original purpose, requesting agency, license, job or benefit, and application process.

Sponsors & Cosponsors

Sponsor

  • Kimberly Williams

    Democratic • House

Cosponsors

  • Franklin D. Cooke

    Democratic • House

  • Stephanie L. Hansen

    Democratic • Senate

  • Gerald W. Hocker

    Republican • Senate

  • Spiros Mantzavinos

    Democratic • Senate

  • Nicole Poore

    Democratic • Senate

  • David P. Sokola

    Democratic • Senate

  • John "Jack" Walsh

    Democratic • Senate

  • David L. Wilson

    Republican • Senate

Roll Call Votes

No roll call votes available for this bill.

Actions Timeline

  1. HS 1 for HB 47 - Signed by Governor

    9/2/2025Governor
  2. HS 1 for HB 47 - Passed By Senate. Votes: 21 YES

    6/24/2025Senate
  3. HS 1 for HB 47 - Reported Out of Committee (Education) in Senate with 4 On Its Merits

    6/11/2025Senate
  4. HS 1 for HB 47 - Assigned to Education Committee in Senate

    5/22/2025Senate
  5. HS 1 for HB 47 - Passed By House. Votes: 35 YES 6 ABSENT

    5/22/2025House
  6. HS 1 for HB 47 - - Passed In House by Voice Vote

    5/22/2025House
  7. Substituted in House by HS 1 for HB 47

    5/22/2025House
  8. Substituted in House by HS 1 for HB 47

    3/25/2025House
  9. Reported Out of Committee (Education) in House with 3 Favorable, 7 On Its Merits

    3/12/2025House
  10. Introduced and Assigned to Education Committee in House

    3/6/2025House

Bill Text

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