Background check requirements for daycare staff: what you need to know

Last updated 2026-07-09

What federal law says about daycare background checks

The Child Care and Development Block Grant (CCDBG) Act of 2014 set the floor. Before that reauthorization, background check standards were a patchwork. Some states ran fingerprints. Some ran name-based checks. Some barely ran anything. The 2014 law ended that.

The statute requires at least four checks for every child care staff member: (1) a fingerprint-based FBI check through the National Crime Information Center, (2) a state criminal history check in every state where the person has lived for the past five years, (3) a search of the state child abuse and neglect registry, and (4) a search of the National Sex Offender Public Website (NSOPW). ^[1]

The Office of Child Care published its final rule in September 2016, and states had until September 30, 2018 to comply. ^[2] Every state that accepts CCDF funds must meet those minimums or lose the block grant money. All 50 states plus D.C. and the territories take that money, so the requirement is effectively national. The threat of losing federal funding is what gives it teeth. ^[13]

One thing many operators miss: the federal law reaches past employees. It also covers volunteers with unsupervised access and, for family child care homes, household members age 18 and older who are present during operating hours. ^[1] If your teenage child turns 18 while you run a home daycare, you may need to get them checked.

What are the four required background check components?

The four required checks are an FBI fingerprint check, a state criminal history check, a state child abuse and neglect registry check, and a sex offender registry search. Here is exactly what each one does and what it costs.

1. FBI fingerprint-based check (national criminal history). This runs the person's fingerprints against the FBI's national database. It catches convictions in states other than the one where the person lives now, which name-based checks often miss entirely.

2. State criminal history check. This covers the state where the program operates. Some states route it through a law enforcement agency, others through a licensing body. Cost runs roughly $10 to $60 depending on the state. ^[3]

3. State child abuse and neglect (CAN) registry check. Every state must search its own registry. CAN registries are not nationalized, so the federal rule also requires checks in every state where the applicant lived in the past five years. A new hire who moved from two other states in the last five years needs three CAN registry checks, not one.

4. Sex offender registry check. This runs through NSOPW.gov, the Department of Justice's national registry aggregator. It is fast and free, but it only captures registered offenders, not every sex-related conviction. ^[12]

Some states add a fifth layer: a child protective services check from surrounding states, or a check against a state-specific abuse registry separate from the CAN system. Texas and Florida both run additional internal checks. Read your state licensing rule, more than the federal baseline. ^[4]

Which daycare staff members must be background checked?

Any individual who works in a child care program and has unsupervised access to children must be checked, whether they are paid or not. That is the federal definition of a "child care staff member," and it is broader than most operators realize. ^[2]

It includes:

• All paid employees, full-time and part-time
• Volunteers who have unsupervised access to children (volunteers without unsupervised access may be excluded, depending on your state's interpretation)
• Household members 18 and older in a family child care home
• Contractors who regularly work in the space and could have unsupervised access

Substitutes are the usual tripping point. A substitute who works one morning a month still needs a full check before their first day of unsupervised contact. Some states allow provisional employment with supervision during processing, but that window is typically 45 to 90 days, not indefinite.

For daycare centers, the owner and director almost always need checks even if they mostly handle administrative work. The logic is simple: they are in the building and could be alone with a child. Read your state's language on this, because "director" definitions vary.

Are there disqualifying offenses that automatically bar someone from working in daycare?

Yes. The CCDBG Act names offenses that trigger a permanent, automatic bar from working in child care: any felony involving child abuse or neglect, any crime of violence (as defined under 18 U.S.C. 16), any sexual offense, any felony involving drugs within the past five years, and being listed on a sex offender registry. ^[1]

The statute's language on violent felonies is worth quoting. The law bars anyone convicted of "a felony, the nature of which indicates that the individual is unfit to provide care and supervision to children," and it specifically names crimes against children, crimes of violence, and recent drug felonies. ^[1]

States add their own lists on top of those bars, and they vary a lot. A DUI from 15 years ago might disqualify someone in one state and not in another. A misdemeanor domestic violence conviction is a lifetime bar in some states and a five-year bar in others. Pull your state's actual licensing statute or regulation, not a summary of it.

Many states have a waiver process for offenses that are not automatic bars. The applicant submits a request, the licensing agency reviews the circumstances, and a decision comes back. These reviews can take months and are not guaranteed to succeed. If you hire someone pending a waiver, confirm your state allows provisional employment during that period.

Here is the rule I would put on a sticky note: do not make a job offer contingent on your own reading of whether a criminal record is disqualifying. Let the licensing agency make that call.

How long do daycare background checks take and what do they cost?

Plan for two to six weeks from fingerprint submission to a complete clearance in most states. Processing time varies by component. The FBI fingerprint check, routed through an approved channeler, usually returns in 24 to 72 hours. State criminal history checks range from same-day electronic returns to four to six weeks in states still using paper. State CAN registry checks are often the slowest piece, sometimes three to eight weeks when other states are involved.

A handful of states run longer. New York has historically had CAN registry checks that take six to ten weeks.

Cost breakdown per employee (approximate, based on state fee schedules ^[3]):

Component	Typical cost range
FBI fingerprint check	$13.25 federal fee + state/channeler fee ($10-$50)
State criminal history check	$10-$60
State CAN registry check	Free to $25 per state checked
NSOPW sex offender check	Free (done online)
Total per new hire	$30-$150+

The FBI's statutory fee is $13.25 per search, per the most recent published schedule. ^[5] Approved channelers (private companies authorized to transmit prints to the FBI) add their own fees. IdentoGO and Fieldprint are two of the most commonly used channelers nationally, though approved channelers vary by state.

For a daycare center with 10 staff and typical turnover, budget $500 to $1,500 a year just for background check fees.

How often do daycare staff need to be re-checked?

At least every five years. That is the CCDBG floor. ^[1] Some states set a shorter interval (three years is common), and a handful require annual sex offender registry checks even when the full fingerprint check sits on a five-year cycle.

A few states use continuous criminal history monitoring instead of a point-in-time re-check. The state gets an alert any time a current employee has a new arrest or conviction entered into its system. California's Caregiver Background Check Bureau uses a version of this. ^[6] It is more protective and more work to manage, and it does not replace the periodic multi-state check.

For home daycare operators, license renewal often triggers a fresh round of checks automatically, since most state renewals run on two- or three-year cycles that bundle a background check into the renewal packet.

One practical note. If an employee's check expires while they are still on staff, they cannot work unsupervised until the renewal clears in most states. Do not let expiration dates sneak up on you. Build a simple spreadsheet tracking each employee's check date and renewal due date. That is the kind of detail that shows up in licensing inspections.

Do background check rules differ for home daycare vs. daycare centers?

The core federal requirements apply to both, but home daycare carries an extra layer centers do not: the household member rule.

For a licensed family child care home, every person 18 or older who lives in the home and is present during operating hours must be background checked, even if they have no role in the program. ^[1] A spouse who works from home, an adult child, a live-in relative: all of them. This catches a lot of new home operators who only thought about their own check.

The other difference is that home providers are usually the sole owner-operator, so they are checking themselves. States route this through the same licensing application, but the provider has to start and pay for the check, not an employer.

Centers face a different practical problem: managing checks for a larger rotating staff, including substitutes and volunteers. The paperwork is heavier, which is why some bigger centers run HR software with background check integrations or use third-party screening services that handle the channeling and tracking.

For more on the structural and licensing differences between home and center care, see daycare and daycare center.

If you are just setting up a home daycare, pull your state's family child care licensing application early. The household member check is often one of the longer-lead items in the whole process.

How do state background check requirements vary across the country?

Every state meets the federal floor, but what they add above it differs a lot. Child Care Aware of America's annual "Demanding Change" report tracks state-by-state licensing rules including background check policy. The 2023 edition found states differ on the number of years of criminal history reviewed, whether out-of-state checks beyond the five-year CAN rule are required, the disqualifying offense list, waiver availability, and whether monitoring is continuous or periodic. ^[7]

A few examples of how states diverge:

• California requires a check through the Community Care Licensing Division of the Department of Social Services, including a state DOJ check, an FBI check, and a Child Abuse Central Index search. It also runs a subsequent arrest notification system. ^[6]
• Texas routes checks through the Health and Human Services Commission, including a Central Registry check. Texas requires checks on anyone 14 and older in a registered home, more than adults 18 and older. ^[4]
• Florida requires Level 2 background screening through the Florida Department of Law Enforcement, which includes fingerprinting, national criminal history, and a Florida CPS check. ^[8]
• New York routes checks through the Office of Children and Family Services and requires a Statewide Central Register check on top of criminal history.

The honest answer is that no single article can summarize all 50 states without oversimplifying or getting something wrong. The National Center on Early Childhood Quality Assurance maintains a state licensing requirements database that is worth a bookmark. ^[9]

The ChildCareComp compliance toolkit pulls state-specific background check steps into one place by license type, which saves a few hours of hunting through agency websites when you are getting started.

What happens if someone starts work before their background check clears?

You risk a citation, a corrective action plan, or in repeat cases, license suspension. This is one of the most common compliance problems in child care, and it is entirely avoidable.

Most states allow a limited provisional period, typically 30 to 90 days, when a new hire can work under direct supervision while the check processes. "Direct supervision" usually means a cleared staff member is in the same room, within sight and sound of both the provisional employee and the children. It does not mean the supervisor is down the hall.

Let someone work unsupervised before the check clears, and if an inspector finds out, you are exposed. Some states treat an unsupervised uncleared employee as a serious violation that triggers immediate corrective action.

The math here is simple. The hassle of managing supervision during the check period is much smaller than the cost of a citation, or worse, an incident involving an uncleared person who would never have passed.

Schedule the fingerprint appointment before the hire's first day whenever you can. Many channelers book online and can fit someone in within a few days. Submit the CAN registry requests the same week. Then your provisional period covers the gap, not the entire check.

Can a daycare staff member appeal or dispute a background check result?

Yes. This matters for operators and for staff members who have a record they believe was reported wrong or should not disqualify them.

The FBI's Identity History Summary Request process lets individuals request their own record and challenge inaccuracies. The challenge procedure is governed by 28 C.F.R. Part 16, Subpart B. ^[10] If a record shows an arrest with no disposition listed, the individual can contact the originating agency to add the disposition, which can change whether the offense disqualifies them.

At the state level, nearly every state has an appeal or waiver process through the licensing agency. A person who gets a disqualifying result has the right to see the basis for it (with some limits) and to ask for reconsideration or a waiver. The mechanics vary: some states hold an administrative hearing, some do a written review by the licensing director.

For operators, the practical advice is direct. Do not fire or refuse to hire someone based on a preliminary result without giving them the information they need to appeal. If you use a consumer reporting agency for any part of the check, the Fair Credit Reporting Act requires a pre-adverse action notice and a copy of the report before you take adverse action. ^[11] Violating FCRA creates separate liability.

Appeal timelines run long. Plan for at least 60 to 90 days for a state-level appeal, sometimes much longer.

What records do you need to keep and what do inspectors check?

Most states require you to keep documentation showing each check was completed, cleared, and is current. What "documentation" means varies. Some states want the actual results on file. Some just want a log showing the check was run and the clearance date.

At a minimum, keep a record for each person showing:

• Full name and date of birth
• Date fingerprints were submitted
• Date each component cleared
• Clearance expiration date
• Documentation that household members (if applicable) were checked

Inspectors routinely ask to see this log. If you cannot produce documentation that a check was run and cleared for a current employee, you will likely get a citation regardless of whether the check was actually done. The record is the proof.

If you manage records for several staff, a simple spreadsheet with alert dates for renewals works fine for small programs. Larger centers fold this into their HR software. What matters is that someone is actively watching the renewal calendar, more than filing the original documents and forgetting them.

Some states keep a registry of cleared individuals that inspectors can verify directly, which cuts your paperwork. Florida's Clearinghouse is one example: individuals get a clearinghouse ID, and programs can verify clearance status without holding copies of sensitive documents. ^[8]

What are the biggest background check mistakes daycare operators make?

After reading licensing inspection reports and state corrective action patterns, a few mistakes come up again and again.

Missing the household member check. A home operator who checks herself but forgets an adult household member is the single most common gap inspectors find in family child care homes.

Forgetting five-year multi-state CAN checks. If a new hire lived in two other states in the last five years, you need CAN checks from both of those states too. Many operators only run the check for the state they are in now.

Letting renewals lapse. The five-year clock starts from the date the check was run, not the hire date. Someone hired in year two of a five-year check still needs renewal at the five-year mark from the original check.

Using an online service that does not qualify. Plenty of cheap commercial background check services get marketed to small businesses. Some skip FBI fingerprinting or fail to meet your state's licensing requirements. A name-based check does not satisfy federal CCDBG rules. Confirm the service is approved by your state licensing agency before you rely on it.

Not getting checks before unsupervised access. As described above, this is both a compliance risk and a child safety failure.

The compliance toolkit at ChildCareComp has a background check tracking template built for family child care and center operators, covering multi-state CAN check logging and renewal alerts. That is exactly the kind of system that keeps these mistakes from happening.

Frequently asked questions

Does a daycare background check include a fingerprint?

Yes. The CCDBG Act of 2014 requires a fingerprint-based FBI check for all child care staff in programs receiving CCDF funds. A name-based check alone does not meet the federal requirement. Fingerprints go through a state-approved channeler like IdentoGO or Fieldprint, and the FBI charges a $13.25 statutory fee per search on top of any state or channeler fees.

How much does a daycare background check cost?

Total cost per person typically runs $30 to $150, depending on your state. The FBI fingerprint fee is $13.25 plus a channeler fee of $10 to $50. State criminal history checks add $10 to $60. Sex offender registry checks are free through NSOPW.gov. CAN registry checks range from free to $25 per state. Multi-state CAN checks multiply that last cost by the number of states involved.

Can a daycare hire someone with a criminal record?

It depends on the offense. The CCDBG Act permanently bars anyone with a felony involving child abuse, any sex offense, or a violent felony. Drug felonies within the past five years are also automatic bars. Beyond those federal minimums, each state has its own list of disqualifying offenses. Many states allow a waiver process for offenses that are not automatic bars. Never make that call yourself; let the licensing agency decide.

How often do daycare background checks need to be renewed?

The CCDBG Act requires re-checks at least every five years. Some states set a shorter interval, typically three years, and a few require annual sex offender registry checks between full cycles. States with continuous monitoring (like California) may flag new arrests between scheduled renewals. Check your state licensing regulation for the exact schedule and what triggers a required re-check outside the standard cycle.

Do volunteers at a daycare need background checks?

Yes, if they have unsupervised access to children. The federal CCDBG rule covers any individual who works in a child care program and could be alone with children, paid or unpaid. A parent who sorts supplies in a room with no children may be excluded in some states. A volunteer who reads to children on their own is covered. When in doubt, run the check. It costs less than a citation or an incident.

Do family daycare home household members need background checks?

Yes. For licensed family child care homes, every person age 18 or older who lives in the home and is present during operating hours must complete the required background checks, even if they play no role in the program. Texas extends this to anyone 14 and older in a registered home. This is one of the most commonly missed requirements during initial licensing and inspections.

Can a daycare employee work while their background check is pending?

Most states allow a provisional period, typically 30 to 90 days, when a new hire can work under direct (same-room, line-of-sight) supervision while checks process. Once checks clear or fail, the provisional status ends. Working unsupervised before clearance is a licensing violation in nearly every state and risks citation, corrective action, or suspension. Schedule fingerprints before the first workday whenever possible.

What is the National Sex Offender Public Website and do I need to check it?

NSOPW.gov is the Department of Justice's national sex offender registry search tool, which aggregates state registries into one search. The CCDBG Act requires this check for all child care staff. It is free and takes about two minutes. It only captures registered offenders, not all sex-related convictions, so it works alongside, not instead of, the full criminal history check.

What background checks are required for infant daycare staff specifically?

The same four federal components apply regardless of age group: FBI fingerprint check, state criminal history check, state CAN registry check, and sex offender registry search. States do not set different requirements by the age of children in care. Because infant care involves more one-on-one time and more vulnerability, many operators working with infant daycare populations are especially strict about completing checks before any unsupervised contact.

Does a background check expire and what happens if it does?

Yes. Background checks have an expiration date set by your state, usually five years from the date the check was completed. If a check expires while the person is still employed, they generally cannot work unsupervised until a renewed check clears. Most states treat an expired check the same as no check during an inspection. Track each employee's clearance date and start renewal 60 to 90 days before the expiration date.

Are substitute teachers in daycare required to have background checks?

Yes. A substitute who works even occasionally and has unsupervised access to children is a child care staff member under the CCDBG definition and needs the full background check before their first unsupervised shift. Some states keep a pool of pre-cleared substitutes that centers can draw from. Ask your licensing agency about approved substitute registries in your state, which can reduce the work of managing substitute clearances.

What is the CCDBG Act and why does it matter for background checks?

The Child Care and Development Block Grant Act of 2014 is the federal law that funds child care assistance and sets minimum health and safety standards nationwide. All 50 states accept CCDF funds, so all 50 states must meet the CCDBG background check minimums: FBI fingerprint check, state criminal history check, state CAN registry check, and sex offender registry search. States can be stricter than the federal floor, and most are.

Do I have to tell a job applicant why they were rejected because of a background check?

If you used a third-party consumer reporting agency for any part of the check, the Fair Credit Reporting Act requires you to provide a pre-adverse action notice, a copy of the report, and a summary of rights before taking adverse employment action. After the waiting period (typically five business days), you send a final adverse action notice. Violating FCRA creates separate legal liability. If the disqualification came directly from a state licensing agency rather than a consumer report, FCRA may not apply, but check with legal counsel.

Can I use an online background check service like Checkr or Sterling for daycare staff?

Only if your state approves it and the service includes the required components, especially the FBI fingerprint-based check. Many commercial services offer instant name-based checks that skip fingerprinting and do not satisfy CCDBG requirements. Before using any third-party service, confirm with your state licensing agency that it is an approved channeler or that its results meet state licensing requirements. Relying on a non-approved service and assuming your staff are cleared is a serious compliance risk.

Sources

1. U.S. Congress, Child Care and Development Block Grant Act of 2014 (Pub. L. 113-186): CCDBG Act requires FBI fingerprint-based check, state criminal history check, CAN registry check, and sex offender registry search for all child care staff and household members age 18+ in family child care homes; specifies disqualifying offenses including child abuse felonies, crimes of violence, sex offenses, and recent drug felonies
2. HHS Office of Child Care, Background Check Requirements Final Rule (81 FR 67438, September 30, 2016): Final rule implementing CCDBG background check requirements; states required to comply by September 30, 2018; defines child care staff member as any individual working in a child care program with unsupervised access to children, paid or unpaid
3. National Conference of State Legislatures, Child Care Background Check State Laws: State criminal history check fees range from approximately $10 to $60 per check depending on the state
4. Texas Health and Human Services, Child Care Licensing Background Check Requirements: Texas requires background checks on anyone age 14 and older in a registered family home, and routes checks through the HHSC Child Care Licensing division including Central Registry check
5. FBI Criminal Justice Information Services Division, Identity History Summary Checks: FBI statutory fee for a fingerprint-based Identity History Summary check is $13.25 per search
6. California Department of Social Services, Community Care Licensing Division, Background Check Requirements: California requires a check through the Caregiver Background Check Bureau including state DOJ check, FBI check, and Child Abuse Central Index; subsequent arrest notification system is in place
7. Child Care Aware of America, Demanding Change: Repairing Our Child Care System (2023): States differ on years of criminal history reviewed, out-of-state check requirements, disqualifying offense lists, waiver availability, and whether monitoring is continuous or periodic
8. Florida Department of Children and Families, Clearinghouse Background Screening: Florida requires Level 2 background screening through FDLE including fingerprinting, national criminal history, and Florida CPS check; Clearinghouse system issues individuals a clearinghouse ID for verification
9. National Center on Early Childhood Quality Assurance (NCECQA), State Licensing Requirements Database: NCECQA maintains a state-by-state licensing requirements database covering background check policies
10. FBI, 28 C.F.R. Part 16 Subpart B, Procedures for Challenges to Identity History Summary: Individuals may challenge inaccuracies in their FBI Identity History Summary under 28 C.F.R. Part 16, Subpart B
11. Federal Trade Commission, Using Consumer Reports for Employment: What Employers Need to Know: Employers using consumer reporting agencies for background checks must comply with FCRA, including providing pre-adverse action notice and a copy of the report before taking adverse employment action
12. U.S. Department of Justice, National Sex Offender Public Website (NSOPW.gov): NSOPW.gov aggregates state sex offender registries into one national search tool; the CCDBG Act requires this check for all child care staff
13. HHS Office of Child Care, CCDF Program Fact Sheet: All 50 states, D.C., and territories accept CCDF funds and must meet CCDBG background check minimums or risk loss of block grant funding