Before and after school programs look after children during some of the hours when parents are least able to supervise directly, which is exactly why federal law and most state licensing rules treat staff screening as a condition of operating, not an optional best practice. The rules that apply depend on whether a program is licensed or registered as child care, whether it receives federal child care funding, and whether a state has decided to treat school based programs differently from stand alone child care centers. This guide walks through the federal floor set by the Child Care and Development Block Grant, what a comprehensive background check actually includes, who counts as staff, and where Fair Credit Reporting Act duties come in when a program also runs its own private screening.
Does federal law require a background check for after school staff
The Child Care and Development Block Grant Act requires every state, territory, and tribe to have in place requirements, policies, and procedures to run background checks on child care staff members of providers that are licensed, regulated, or registered under state law, or that are eligible to receive assistance under the block grant. That federal floor is codified at 45 CFR 98.43, and it defines a covered child care staff member broadly: anyone employed by a provider for compensation, including contractors or self employed individuals, anyone whose duties involve care or supervision of children or who has unsupervised access to children in care, and any adult age 18 or older who lives in a family child care home.
In practice this means an after school program that is licensed or registered as a child care provider, or that draws on Child Care and Development Fund dollars, must run the federal comprehensive background check on its paid staff and on volunteers who have unsupervised access to children. A program that falls outside those categories is not automatically covered by this specific federal rule, though most states layer their own fingerprinting and registry requirements on top of or independent from the federal floor. Program operators should always confirm the current rule with their state child care licensing agency rather than assume either way.
What the comprehensive CCDBG background check includes
Section 98.43 spells out exactly which searches a qualifying check must contain. The check must cover the state where the staff member currently resides and every state where that person resided at any point during the preceding five years.
| Check component | What it searches | Scope |
|---|---|---|
| FBI fingerprint check | Federal criminal history through the FBI Next Generation Identification system | National |
| National Sex Offender Registry search | National Crime Information Center sex offender records | National |
| State criminal registry or repository | State level criminal history, fingerprint based in the state of residence | State of residence and each state lived in during the prior five years |
| State sex offender registry | State level sex offender registration records | Each state of residence in the prior five years |
| State based child abuse and neglect registry | Substantiated findings of child abuse or neglect held by the state | Each state of residence in the prior five years |
A staff member who refuses to consent, who makes a materially false statement in connection with the check, who is registered or required to be registered as a sex offender, or who has a disqualifying felony or violent misdemeanor conviction against a child must be found ineligible for the position. The regulation lists specific disqualifying offenses, including murder, child abuse or neglect, crimes against children, spousal abuse, rape or sexual assault, kidnapping, arson, and certain drug related offenses committed in the preceding five years. States must also offer an appeal process so a staff member can challenge the accuracy of the report before a final negative determination stands.
Which after school programs may be exempt from child care licensing
Not every before or after school program is licensed as child care, and that distinction matters because the federal background check floor in 98.43 attaches to providers that are licensed, regulated, or registered, or that receive block grant assistance. Childcare.gov explains that depending on state rules, some school age programs must hold a child care license while others may operate without one because they are already regulated and monitored by another government agency, commonly the public school system itself, or because they are run by a faith based organization. States refer to these as legally license exempt programs. Before and after school care shows up in a wide range of settings, including child care centers, recreation and parks programs, martial arts and dance studios, places of worship, youth organizations, and programs run directly on school grounds, and each setting can fall under a different piece of state law.
Because the exemption lines are drawn by each state, a program should not assume it is outside background check requirements simply because it operates on school property or during the school day. The safer approach is to check directly with the state child care licensing office, and separately with the state department of education if the program is school operated, since education agencies frequently run their own fingerprinting rules for anyone with regular contact with students.
How often checks are renewed and the timelines involved
A covered provider must request a background check before an individual becomes a child care staff member, and at least once every five years after that for existing staff. States and territories must process a completed request and return results within 45 days. A program does not have to request a new check for a transferring staff member if that person already received a qualifying result within the past five years while working for another provider in the same state, the state can confirm that qualifying result, and the person has not been separated from child care employment in that state for more than 180 consecutive days.
A prospective staff member may begin working, under direct supervision by someone who already has a qualifying background check on file, while the remaining components of the full check are still pending. That interim arrangement is meant to prevent long hiring delays, not to let an unscreened adult work unsupervised with children while results are outstanding.
Volunteers and contractors
The federal definition of child care staff member is not limited to paid employees. According to childcare.gov, covered providers must run background checks on all adults who work or live in a family child care home, all center staff including directors, teachers, caregivers, bus drivers, custodians, kitchen staff, and administrative employees, every adult volunteer who will have unsupervised access to children, and other adults who come into the program with unsupervised access, such as therapists or art, dance, or sports instructors brought in for enrichment activities. An after school program that relies on parent volunteers, high school mentors, or outside instructors should treat each of those roles the same way it treats paid staff whenever unsupervised contact with children is possible.
FCRA duties when a program also runs a private background check
The state administered CCDBG check described above is a regulatory screening run through government agencies, not a consumer report purchased from a private background check company. Many after school programs, particularly ones that are license exempt or that want screening beyond the federal floor, also order checks such as county criminal searches, driving record checks, or employment verification through a consumer reporting agency. When a program does that, it is acting as a user of consumer reports under the Fair Credit Reporting Act, and separate duties apply regardless of what the state mandated check already covered.
Under 15 U.S.C. 1681b, an employer must give the applicant or employee a clear, standalone disclosure that a background check will be obtained, and get written authorization before ordering the report. If the program later decides not to hire someone, or to end an existing staff member’s role, based in whole or in part on that consumer report, 15 U.S.C. 1681m requires a pre adverse action notice with a copy of the report and the Summary of Rights before the decision is final, followed by an adverse action notice once the decision is made. A background check does not show the same information in every state, since state law and record retention rules vary, so programs should not assume a clean private report means no state registry hit exists, or the reverse.
Building a defensible screening policy
- Confirm with the state child care licensing agency whether the after school program is licensed, registered, or legally exempt, and what that status means for required checks.
- If the program is covered by 45 CFR 98.43, run the full five part comprehensive check on every staff member and on volunteers with unsupervised access, before the person starts and again on the required renewal cycle.
- Track residency history so the search covers every state a staff member lived in during the preceding five years, not just the current state.
- If the program also uses a private consumer reporting agency for additional checks, build standalone disclosure, written authorization, and pre adverse and adverse action notices into the hiring workflow for every applicant.
- Apply the same screening standard to instructors and contractors brought in from outside organizations as the program applies to its own staff.
- Document the appeal process available to staff who want to challenge a background check result, since states are required to offer one.
A consistent screening policy, reviewed against current state licensing rules rather than assumptions carried over from a previous employer, is the most reliable way an after school program protects the children in its care and limits its own liability. Programs that have never confirmed their licensing status directly with the state should treat that as the first step, since it determines which set of rules actually applies.
Reveal Background helps employers run consistent, FCRA compliant screening for staff, volunteers, and contractors across youth serving programs. Learn more at Reveal Background. For related screening programs, see our guides to daycare staff background check requirements and youth sports coach background checks.
Frequently asked questions
Do all after school programs have to run the federal CCDBG background check?
Only programs that are licensed, regulated, or registered as child care providers, or that receive Child Care and Development Fund assistance, are covered by the federal floor in 45 CFR 98.43. Some school operated or faith based after school programs are legally exempt from child care licensing under state law, so the rule may not apply directly, though many states impose their own fingerprinting requirements on school connected staff anyway.
What does the comprehensive background check actually search?
It includes an FBI fingerprint check, a National Sex Offender Registry search, and a search of the state criminal registry, state sex offender registry, and state child abuse and neglect registry for every state the person lived in during the preceding five years.
Do volunteers need a background check too?
Yes, if they will have unsupervised access to children. Federal guidance treats volunteers and outside instructors the same as paid staff for background check purposes whenever that unsupervised contact is possible.
How often must a covered staff member be rechecked?
At least once every five years, and before the person starts work. A transfer between providers in the same state can sometimes rely on a result that is already on file if it is still within the five year window and the gap in employment is not more than 180 consecutive days.
How long can the background check take?
States and territories must process a completed request within 45 days. A prospective staff member may begin working under direct supervision by a cleared staff member while final results are pending.
Does the state administered check replace FCRA requirements?
No. If a program separately orders a report from a private consumer reporting agency for any reason, it must still provide standalone disclosure, obtain written authorization, and follow the pre adverse and adverse action notice process required by the Fair Credit Reporting Act.
This article is general information, not legal advice. Child care licensing rules vary by state and program type, and employers should confirm current requirements with their state licensing agency and legal counsel.
