Child Care Criminal Background Check Act of 2013

“(I) Criminal background check—Certify that the State will—

“(i) require each eligible child care provider (excluding an eligible child care provider described in section 658P(5)(B)) that is licensed by the State or receives funds provided under this subchapter—

“(I) to obtain from the State a comprehensive criminal background check of—

“(aa) each individual who provides child care services;

“(bb) each applicant selected for employment before providing such services; and

“(cc) each family child care provider who provides or applies to provide such services; and

“(II) to refuse to employ, or continue to employ, an individual to provide such services—

“(aa) if such individual was convicted of—

“(AA) a crime of violence (as defined in section 20101 of subtitle A of title II of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13701)); or

“(BB) a crime against a child for which the penalty exceeds imprisonment for a term exceeding 1 year;

“(bb) to an eligible child without the supervision of an employee whose criminal background check satisfies the requirements of the subparagraph, pending receipt of such a criminal background check of such individual; and

“(cc) to an eligible child with the supervision of an employee whose criminal background check satisfies the requirements of the subparagraph and for a period exceeding 90 days, pending receipt of such a criminal background check of such individual; and

“(ii) carry out at the request of an eligible child care provider, as soon as practicable, a comprehensive criminal background check (at the State option for a fee not to exceed the actual cost to the State) of each employee of, and each applicant for employment by, a child care provider that is licensed by the State or receives funds provided under this subchapter by the State, and make the results of such check available to such provider and to such employee or applicant.

“(J) Inspections—The State shall certify that each eligible child care provider (excluding an eligible child care provider described in section 658P(5)(B)) that is licensed by the State will be inspected not less frequently than at 3-month intervals.

“(K) Training—The State shall certify that each eligible child care provider (excluding an eligible child care provider described in section 658P(5)(B)) that receives funds provided under this subchapter will receive not less than—

“(i) 40 hours of training provided by an entity recognized by the State; and

“(ii) annually 24 hours of training that includes CPR, first aid, recognizing child abuse, basic safety and health, and child behavior and development.”