HP0207, LD 274, item 1, An Act To Implement the Recommendations of the Working Group To Study Background Checks for Child Care Facilities and Providers

An Act To Implement the Recommendations of the Working Group To Study Background Checks for Child Care Facilities and Providers

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 22 MRSA §8302-A, sub-§1, ¶G, as amended by PL 2001, c. 645, §7, is repealed.

Sec. 2. 22 MRSA §8302-A, sub-§1, ¶J, as enacted by PL 2015, c. 497, §2, is repealed and the following enacted in its place:

J. Requiring a criminal background check that meets the requirements of 42 United States Code, Section 9858f(b) for each child care staff member. For the purposes of this paragraph, "child care staff member" means an individual, other than an individual who is related to all children for whom child care services are provided:

(1) Who is employed by a child care facility for compensation, including a contract employee or self-employed individual; or

(2) Whose activities involve the care or supervision of children for a child care facility or unsupervised access to children who are cared for or supervised by a child care facility.

Sec. 3. 22 MRSA §8302-A, sub-§2, ¶I, as amended by PL 2015, c. 497, §3, is further amended to read:

I. Procedures for waivers of rules and for suspension and revocation of certification; and

Sec. 4. 22 MRSA §8302-A, sub-§2, ¶J, as amended by PL 2015, c. 497, §3, is repealed.

Sec. 5. 22 MRSA §8302-A, sub-§2, ¶K, as enacted by PL 2015, c. 497, §3, is repealed and the following enacted in its place:

K. Requiring a criminal background check that meets the requirements of 42 United States Code, Section 9858f(b) for a family child care provider and each child care staff member. For the purposes of this paragraph, "child care staff member" means an individual, other than an individual who is related to all children for whom child care services are provided:

(1) Who is employed by a family child care provider for compensation, including a contract employee or self-employed individual;

(2) Whose activities involve the care or supervision of children for a family child care provider or unsupervised access to children who are cared for or supervised by a family child care provider; or

(3) Who is 18 years of age or older and who resides in the home of a family child care provider.

Sec. 6. 22 MRSA §8302-B, sub-§1, as enacted by PL 1997, c. 494, §11 and affected by §15, is amended to read:

1. Investigation. The provider and any child care staff members of the provider must pass a criminal background investigation check by the State Bureau of Investigation, a check for involvement with child protective services and a motor vehicle record check that complies with the rules adopted by the department for family child care providers pursuant to section 8302-A, subsection 2, paragraph K.

summary

This bill implements the recommendations of the Working Group To Study Background Checks for Child Care Facilities and Providers. The bill clarifies requirements for criminal background checks for child care providers and child care staff members.

HP0207 LD 274	Session - 128th Maine Legislature		LR 332 Item 1
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