Quick answer: Daycare worker background check requirements are set by each state, but providers receiving federal child care subsidy funds must run fingerprint-based state and FBI criminal checks, a state child abuse and neglect registry check, and sex offender registry checks on every staff member, repeated at least every five years.

  • Federal law (CCDBG Act of 2014) sets minimum checks for subsidy-funded providers; states add stricter rules.
  • Fingerprint checks usually run through your state licensing agency, so employer screening should supplement them, not replace them.
  • Any check run through a screening company must follow FCRA disclosure, authorization, and adverse action steps.

What federal law requires

The Child Care and Development Block Grant Act of 2014 requires comprehensive background checks for staff of child care providers that receive CCDBG funds. The Administration for Children and Families, Office of Child Care, oversees implementation. The required components are:

  • A state criminal registry or repository check using fingerprints, in the state where the staff member lives and works.
  • An FBI fingerprint check against national criminal history records.
  • A search of the National Sex Offender Registry and the state sex offender registry.
  • A check of state child abuse and neglect registries in every state the person has lived in during the previous five years.
  • Re-checks at least every five years.

Staff who fail a check cannot be employed by a subsidy-funded provider. Disqualifying offenses under the federal framework include felony convictions for child abuse or neglect, spousal abuse, crimes against children, and violent crimes, along with sex offender registration. States may add disqualifiers.

State licensing rules add to the federal floor

Many daycares that take no subsidy funds are still licensed, and state licensing rules usually require similar checks. States differ on who counts as staff (owners, volunteers, household members in home daycares), how fast checks must be completed, and whether a worker may start under supervision while results are pending. Always confirm current rules with your state child care licensing agency before building your hiring process.

Which checks do what

Check What it covers Typically run by
FBI fingerprint check National criminal history tied to fingerprints State licensing agency or designated vendor
State fingerprint check State repository records State licensing agency
Child abuse and neglect registry Substantiated abuse findings, per state State agency
Sex offender registry search Registered offenders, including multi-jurisdiction State agency and employer screening
National, county, and federal criminal searches Name-based records, including recent county filings Employer screening provider
SSN trace Identity validation and address history Employer screening provider
Employment and education verification Work history and credentials Employer screening provider
MVR Driving record for staff who transport children Employer screening provider

How employer screening fits in

Fingerprint results can take days or weeks to return. Name-based searches do not replace them, but they help you spot red flags early, verify identity, and find county court records and address history that tell you which states to check for registry searches. Reveal Background provides FCRA-compliant national criminal, county criminal, federal, sex-offender registry, SSN trace, MVR, employment and education verification searches, with same-day results on most searches, no setup fee, and pay-per-report pricing. Fingerprint checks required by your state must still go through the channel your licensing agency specifies.

Drug testing

Federal law does not require drug testing for daycare staff, though some employers include it by policy. If you do, apply it consistently to all candidates in the same role. Testing can be arranged through American Screening Corp.

FCRA and fair hiring obligations

When a third-party company prepares a report, the Fair Credit Reporting Act requires you to give a standalone written disclosure, get written authorization, and follow the pre-adverse and adverse action process if you reject a candidate based on the report. The FTC publishes guidance for employers on these steps. The EEOC advises employers to consider the nature of the offense, the time elapsed, and the relevance to the job rather than using blanket exclusions. For daycare roles, state or federal law may mandate exclusion for certain offenses, and those mandates take priority over individualized review.

Daycare hiring background check checklist

  • Confirm your state licensing agency’s current staff, volunteer, and household-member check rules.
  • Collect residence history for the past five years to determine which states’ abuse and neglect registries to search.
  • Provide the FCRA disclosure and obtain signed authorization before ordering any report.
  • Submit fingerprints through your state-approved process.
  • Run supplemental name-based criminal, sex-offender, and SSN trace searches.
  • Verify employment history and any required credentials.
  • Run an MVR for anyone who will drive children.
  • Document pass/fail criteria by role before reviewing results.
  • Follow pre-adverse and adverse action steps when needed.
  • Calendar five-year re-checks for every employee, or sooner if your state requires.

Common compliance mistakes

  • Letting new hires work unsupervised before results clear, where state rules forbid it.
  • Skipping other-state registry checks for recent movers.
  • Ignoring volunteers, substitutes, and adults living in home-based programs.
  • Applying criteria inconsistently between candidates.
  • Losing track of re-check dates.

Frequently asked questions

Do all daycare workers need a fingerprint background check?

Staff of providers that receive federal CCDBG funds must have fingerprint-based state and FBI checks. Most states require them for licensed providers as well, so confirm with your licensing agency.

How often must daycare staff be re-checked?

Federal rules require re-checks at least every five years for subsidy-funded providers. Some states require more frequent checks or continuous monitoring.

Can a daycare hire someone with a criminal record?

It depends on the offense. Felony child abuse, violent crimes, and sex offender registration are disqualifying under federal rules. For other records, assess the offense, its age, and job relevance, and follow state law.

Can an online screening report replace fingerprinting?

No. Name-based searches supplement fingerprint checks but do not satisfy fingerprint requirements. Use them for added coverage, identity verification, and county-level records, and open an account at app.revealbackground.com to order them.

Sources

This article is general information, not legal or medical advice.

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