Comprehensive Background Checks

Questions and Answers about the Comprehensive Background Checks Process

The Child Care and Development Block Grant (CCDBG) Act requires states and territories to have requirements, policies, and procedures in effect to conduct comprehensive background checks for all licensed and license exempt child care providers.

Kids in school raising their hands

In Delaware, comprehensive background checks are required for:

  • Applicant(s)/owner(s)
  • Family and large family child care providers and their adult household members
  • Center, family and large family substitutes
  • Child care center staff administrators, teachers and caregivers
  • Contracted special services persons who will be alone with children
  • Janitors
  • Cooks
  • Volunteers
  • All other employees or contractors working in a child-serving entity who may not regularly engage with children but whose position gives them opportunity for unsupervised access to children.

General Questions & Answers (Q&A)

Below are some Questions & Answers related to comprehensive background checks for individuals in child-serving entities in Delaware.

What staff must have comprehensive background checks in Licensed Child Care Centers?

All child care center staff and volunteers, age 18 and over, who have direct access to children or who have the opportunity for unsupervised access to children.

Who must have a background check in Licensed Family Child Care and Licensed Large Family Child Care homes?

The licensed family child care provider, staff, all household members (age 18 and over), any substitutes, and anyone with direct access to children or who has the opportunity for unsupervised access to children. In both types of care, anyone with direct access to children or who has the opportunity for unsupervised access to children needs to be fingerprinted.

Who must have a comprehensive background check in a License Exempt Relative Child Care Home?

The relative child care provider and all household members (age 18 and over). *Note, relative care providers are not required to complete out of state checks.

What staff must have comprehensive background checks in License Exempt Summer Camps that serve children receiving child care assistance funds (POC)?

All camp employees and volunteers, age 18 and over, and anyone who will have direct access to children or who has the opportunity for unsupervised access to children.

What is included in a comprehensive background check?

Individuals requiring a comprehensive background check must be fingerprinted at a specified Delaware State Police location. The comprehensive background check includes:

  • Delaware Criminal Record Check (SBI)
  • National Criminal Record Check (FBI)
  • Delaware Child Protection Registry Check
  • Delaware Sex Offenders Registry Check
  • National Sex Offenders Registry Check

Additionally, individuals residing out of state or who have resided outside of Delaware in the past 5 years (except license-exempt relative care providers) must complete the following additional checks in those states:

  • State Criminal History Check
  • State Child Abuse and Neglect Registry Check
  • State Sex Offender Registry Check (This check will be completed by the Criminal History Unit)
  1. Checks must be done prior to or when an individual becomes employed at a new facility, or starts volunteering. Background check results are not transferrable to other child care facilities.
  2. Checks are required at least once every five years when employment is maintained with the same provider.

What is the cost?

Child care providers working in Delaware are not charged for the fingerprinted criminal check or the Delaware Child Abuse Registry check.

However, there are additional checks required of Delaware providers living outside the state or who have lived outside the state in the previous 5 years. There may be costs associated with those checks. Fees are determined by each state.

What are the grounds for denying employment or licensure based on your comprehensive background check?

  1. Prohibited criminal convictions and prohibited child abuse and neglect substantiations with time parameters as designated under 31 Delaware Code, Section 309, the Child Care Development Block Grant Act of 2014, and 16 Delaware Code, Section 923.
  2. Ineligible criminal convictions and child abuse and neglect substantiations other than those that are prohibited shall be reviewed in consideration of other criteria below. In that case, a review will be conducted by the DSCYF, Criminal History Unit. A determination will be made using the following:
    • DELACARE Regulations – Background Checks For Child-Serving Entities
    • DSCYF, Criminal History Unit Decision Making Protocol

Persons determined ineligible or prohibited will be sent a letter informing them of the ineligible or prohibited offense and if they choose, how to request an administrative review of the determination.

Q&A for Child Care Providers Working in Delaware and Living in Delaware

These Questions & Answers will help individuals working in Delaware and have lived in Delaware during the entire past 5 years, understand the comprehensive background checks process.

How do you start the process for obtaining a comprehensive background check in Delaware?

The first step is slightly different depending on the individual’s type of child care employment.  Each individual needs to receive the proper forms to start the fingerprinting process.

  • Licensed Child Care Center: The center will receive the form, “Child Care Center Verification Form for Fingerprinting,” from the Office of Child Care Licensing (OCCL) during the center’s application process and the center gives the form to the individuals during the hiring or volunteering process.
  • Licensed Family Child Care Provider or Licensed Large Family Child Care Provider: The Office of Child Care Licensing (OCCL) will provide information about how to be fingerprinted for a comprehensive background check during the application process for licensure or when needed.
  • License Exempt Relative Child Care Home: The individual and family members will receive the appropriate forms from the Division of Social Services during the application process to participate in the subsidized child care program, Purchase of Care (POC).
  • License Exempt Summer Camps: The camp will receive the appropriate forms from the Division of Social Services during the application process to participate in the subsidized child care program, Purchase of Care (POC).

What are the next steps in the process for obtaining a comprehensive background check in Delaware?

Once the individual has the correct forms, they need to schedule a fingerprint appointment with the Delaware State Police by calling 302-739-2528 in New Castle County and Sussex County and 302-739-5871 in Kent County.

The following are the locations you can pick from when scheduling:

  • Troop 2 Police Station(New Castle County)
    • 100 Corporal Stephen J Ballard Way, Newark, DE 19702
  • Delaware State Bureau of Investigation (Kent County)
    • 600 S. Bay Rd., Suite 1, Dover, DE 19901
  • Troop 4, Thurman Adams Service Center  (Sussex County)
    • 546 S. Bedford St., Room 202, Georgetown, DE 19947

You must bring your form plus photo identification, such as a valid driver’s license or State ID (from any state).  You do not need a social security card or a birth certificate.

When leaving the appointment, the person receives an SBI “Receipt/Verification” of fingerprinting as proof of being fingerprinted.   

  • Licensed Child Care Center: The individual should return the SBI “Receipt/Verification” of fingerprinting to the center’s administrator so it can be kept in the individual personnel file at the center.
  • Licensed Family Child Care Provider or Licensed Large Family Child Care Provider: The individual, family member, or employee must immediately send a copy of the SBI “Receipt/Verification” of fingerprinting to their licensing specialist.
  • License Exempt Relative Child Care Home: The individual and family members must immediately send a copy of the SBI “Receipt/Verification” of fingerprinting to the Division of Social Service specialist at POC.
  • License Exempt Summer Camps: The individual should return the SBI “Receipt/Verification” of fingerprinting to the Camp Administrator so it can be kept in the individual personnel file at the camp. A copy must immediately be sent to the Division of Social Service specialist at POC.

 

What are the final steps in a comprehensive background check in Delaware?

The DSCYF Criminal History Unit (CHU) receives the State and Federal criminal record reports and national sex offender registry report from the Delaware State Bureau of Identification (SBI).

  • The CHU reviews these reports, completes child abuse and neglect searches, sex offender searches, and reviews out-of-state results, when appropriate.
  • Using all this information, the CHU makes a final determination of eligibility to complete the comprehensive background check.

CHU contact person

  • Each licensed child care center, licensed family or large family child care home, and license exempt summer camp has a CHU contact person.
  • The CHU contact person receives a notification letter via secure email providing a determination of eligible, ineligible or prohibited, for each individual who is hired at the facility.
  • The Division of Social Service receives notification of ineligible and prohibited relative care providers and/or household members.

Fingerprinted individuals

  • Fingerprinted individuals who are determined eligible will not receive a notification letter.
  • Fingerprinted individuals who are determined ineligible or prohibited, and are active within the licensed child care center, licensed family or large family child care home, license exempt summer camp, or relative care home, will receive a notification letter via U.S postal mail.
    • This letter will provide disqualifying information and instructions on how an administrative review can be requested to challenge the accuracy or completeness of background check results.

What website can you visit to read about obtaining a certified Delaware Criminal History?

Q&A for Child Care Providers Working in Delaware, Living or Has Lived in Other States Within the Past 5 Years

If a child care provider is living, or has lived in another state in the past 5 years, they need to get the state specific background checks from each of those states. This is in addition to the Delaware checks. However, relative child care providers are excluded from the out-of-state requirement.

What are the required out-of-state background checks?

For the state the individual is living or for all states the individual has lived in during the past 5 years:

  • State Criminal History Check
  • State Child Abuse and Neglect Registry Check
  • State Sex Offender Registry Check (This check will be completed by the Criminal History Unit)

Whose responsibility is it to get the information from each state?

The individual who is living, or has lived, in another state in the past 5 years must obtain the following out-of-state checks:

  • State Criminal History Check
  • State Child Abuse and Neglect Registry Check

The final check is completed by Delaware’s Criminal History Unit (CHU).

  • State Sex Offender Registry Check

Where can information for out-of-state checks be found?

Refer to the following website for the Interstate Child Care Background Check Contact List: https://childcareta.acf.hhs.gov/resource/child-care-subsidy-criminal-background-check-contact-list-0

What does a child care provider do with the out-of-state background check information received? 

The individual must immediately give a copy of the out-of-state check results to their employer/licensed child care provider or license exempt summer camp provider.

The employer/licensed child care provider or license exempt summer camp provider must submit the results of the out-of-state background checks to:

DSCYF, Criminal History Unit
The Concord – Hagley Building,
3411 Silverside Road,
Wilmington, De 19810

OR

via email: DSCYF_CHU@delaware.gov
via fax: 302-633-5191
phone: 302-892-4525

Q&A for Child Care Providers Working in Other States, Living or Has Lived in Delaware the Past 5 Years

When a child care provider works in another state but is living, or has lived, in Delaware in the past 5 years, they need to get background checks from Delaware.

What is the procedure to get a Delaware Criminal History Check?

This is handled by the Delaware State Police – State Bureau of Investigation (SBI).

Details can be found on the following website: https://dsp.delaware.gov/obtaining-a-certified-criminal-history/.

Click the button for out-of-state residents for further information. The cost is $52.00.

What is the procedure to get a Delaware Sex Offender Registry Check?

Search the online registry. Follow the directions provided by the state for which you are requesting the check. https://sexoffender.dsp.delaware.gov/

What is the procedure to get a Delaware Child Abuse and Neglect Registry Check?

The Department of Services for Children, Youth and Their Families, Criminal History Unit manages the Delaware Child Protection Registry Portal.  The out-of-state employer or child care individual registers on the Portal and completes a request to have a Delaware check completed.  The results are available in the Portal to the requesting party within 15 days.

https://childprotectionregistry.delaware.gov/. The cost is $14.00.

My Child DE is a user-friendly website that brings together resources to help families, providers and other caretakers make informed choices for the children of Delaware. The goal of My Child DE is to help these groups feel welcome, informed and empowered to engage, learn and take the next steps needed to support children.