Section 658H(i)(2) of the Act (42 USC 9858f(i)(2)) defines a child care staff member as someone (other than an individual who is related to all children for whom child care services are provided) who is employed by the child care provider with or without compensation or whose activities involve unsupervised access to children who are cared for by the child care provider. This definition, like the definition of child care provider, is broad. It encompasses not only caregivers, teachers, aides, assistant teachers, substitutes, volunteers, or directors, but also janitors, cooks, and other employees of a child care provider who may not regularly engage with children, but whose placement at the facility gives them the opportunity for unsupervised access. Given that these individuals are employed by a child care provider, they are included in the statute’s definition.  Therefore, it is important that they also complete a comprehensive background check to ensure and protect children’s safety.

Section 98.43(a)(2)(ii) of the final rule includes contract and self-employed individuals in the definition of child care staff members, as they may have direct contact with children.  In addition, the final rule includes individuals, age 18 or older, residing in a family child care home in the definition of child care staff members and, therefore, subject to background checks, as well as the disqualifying crimes and appeals processes. These individuals may also have unsupervised access to children, so completing a background check is a necessary safeguard to protect the children in care. The definition of child care staff member generally covers any individual who is employed by the child care provider and any individual who may have unsupervised access to children in care.

Both the in-state and interstate CA/N forms are available at https://dhr.alabama.gov/child-protective-services/central-registry-clearance/

The Criminal History Background Check can be accessed at Fieldprint® Alabama (fieldprintalabama.com)