Guidance on Implementing the National Crime Information Center National Sex Offender Registry Background Check Requirement in the Child Care and Development Block Grant (CCDBG) Act
At 658H(b)(3) and (5), the reauthorized Child Care and Development Block Grant (CCDBG) Act of 2014 (the Act) requires a background check to include searches of the National Crime Information Center (NCIC) and the National Sex Offender Registry (NSOR) (42 U.S.C. § 9858f(b)(3) & (5)). The NCIC is a law enforcement tool consisting of 21 files, including the NSOR. As such, we have determined the only file with information relevant to determining whether an individual could be hired as a child care employee is the NSOR. Therefore, in the CCDF Final Rule, at § 98.43(b)(2), we clarified that a check of the NSOR would satisfy the requirement to search the NCIC. The requirement to check the NCIC NSOR is not satisfied through the FBI fingerprint check, but rather requires a separate check.
It is our understanding that an NCIC NSOR check has not been included in any other non-criminal justice background check laws applicable to States to date. As a result, the process to access the NCIC NSOR results for this purpose has been, in many ways, uncharted territory. Through the rulemaking process, we identified a number of challenges with searching the NCIC NSOR and informed States that we would not begin to determine compliance with the requirement to search the NCIC NSOR until after guidance had been issued by ACF and the FBI. For a more comprehensive discussion, please see the final rule at 81 FR 67495-97.
Final
Issued by: Administration for Children and Families (ACF)
DISCLAIMER: The contents of this database lack the force and effect of law, except as authorized by law (including Medicare Advantage Rate Announcements and Advance Notices) or as specifically incorporated into a contract. The Department may not cite, use, or rely on any guidance that is not posted on the guidance repository, except to establish historical facts.