DelawareHS 1 for HB 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)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 2 benefits, 0 costs, 2 mixed.

Delaware pays for child-care applicants’ background checks

Beginning July 1, 2026, Delaware pays criminal-history and Child Protection Registry check costs for applicants to covered child-care facilities. The facility must be required to hold a license under Delaware’s child-care licensing law. The Department of Education and state children’s department may also pay check costs for their current or prospective employees. That department payment is optional, and the law specifies no dollar amount.

Rules can allow workers’ background-check reuse

Beginning July 1, 2026, the Superintendent of State Police may adopt rules allowing limited reuse of background checks. The person checked must give written permission. Rules must address the check’s original purpose, requesting agencies, relevant license, job or benefit, and application process. The law authorizes these rules but does not guarantee that any check can be reused.

Private-school checks expand with limits on disclosure

Beginning July 1, 2026, Delaware creates a separate background-check system for private-school employees, contractors, and volunteers. Covered roles include specified people with regular direct access to children. Individuals must complete fingerprinting for Delaware and FBI criminal checks and sign permission for a Child Protection Registry check. The state children’s department processes the Registry check, and results go to the school head or designee. That person must decide whether existing legal bans prevent employment, contract work, or volunteering. Records are confidential and may be disclosed only to the school head or designee; schools must comply by September 1, 2026.

Stricter checks for workers serving Delaware children

Beginning July 1, 2026, Delaware expands fingerprint-based criminal-history and Child Protection Registry checks to strengthen screening at child-serving organizations. Covered organizations include public and private schools, the Department of Education, licensed child-care facilities, and youth camps exempt from child-care licensing. Prospective employees, volunteers, and contractors must be checked; fingerprint checks replace prior name-based or voluntary options. School board members must also obtain criminal-history and Registry checks under applicable school laws. These requirements add to other applicable laws, and covered organizations must comply by September 1, 2026. State agencies must send later Delaware criminal-history information about employees and contractors checked under Section 309 to the original recipient. Available Rap Back updates must also be shared when the State Bureau of Identification has access; agencies and recipients must follow applicable record-handling and disclosure rules.

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

All Roll Calls

Yes: 56 • No: 0

Senate vote • 6/24/2025

Passed (SM required)

Yes: 21 • No: 0

House vote • 5/22/2025