§20351 Requirement for Background Checks

Summary

Federal agencies and any federal-run or -contracted place that hires people to work with kids under 18 must make sure all current and new workers get a criminal background check. All existing staff had to be checked by May 29, 1991. No one else may be hired unless the check is done, except a person may start working temporarily only if a cleared staff member can always see and supervise them while children are present. Checks use fingerprints taken by law enforcement, other ID information, go through the FBI and each State criminal record system for every state the person lists as a current or former residence, and are started by the agency’s personnel office. The agency gets the results. Convictions for sex crimes, crimes against children, or drug felonies can bar hiring or lead to firing. If someone is charged but not yet convicted of those crimes, an employer can keep them away from children at work until the case ends. Other crimes can be considered if they affect a person’s ability to keep children safe. Job forms must ask about arrests or charges involving a child and say the applicant signs under penalty of perjury. The applicant must be told a record check is required, can get a copy of the report, and can challenge errors. Agencies are also encouraged to check volunteers and adult household members where child care or foster care happens at home. Definitions (one line each): child protective services — investigating child abuse and neglect; social services; health and mental health care; child (day) care; education (including non-teaching roles); foster care; residential care; recreational or rehabilitative programs; detention, correctional, or treatment services.