Who is allowed to care for your child, by the rules.

Published ·Updated

A daycare director reviewing staff paperwork and records at a desk

You are handing your child to people you have just met. The reassuring part is that federal law sets a floor for who is allowed to do this work, and it is more thorough than most parents realize.

Daycare staff must pass an FBI fingerprint check, state and federal sex offender registries, a state criminal records check, and the child abuse and neglect registry, under the federal Child Care and Development Block Grant (CCDBG) Act of 2014. These checks cover every state a person lived in over the past five years, and they repeat at least every five years.

Sources used throughout: the Child Care and Development Block Grant (CCDBG) Act of 2014, the federal law that sets comprehensive background-check requirements for child care staff; the U.S. Administration for Children and Families (ACF) Office of Child Care, which administers the Child Care and Development Fund (CCDF) and issues the implementing rules; state child care licensing agencies, which run the checks and set any additional disqualifiers; Caring for Our Children, the national health and safety standards from the American Academy of Pediatrics (AAP), the American Public Health Association, and the National Resource Center; and the National Association for the Education of Young Children (NAEYC), whose accreditation requires staff screening. Exact rules and disqualifying offenses vary by state — confirm with your state licensing agency.

What background checks are daycare staff required to pass?

Under the federal Child Care and Development Block Grant (CCDBG) Act of 2014, child care staff must clear five components: an FBI fingerprint-based criminal check, a state criminal records check, the National Crime Information Center (NCIC) National Sex Offender Registry, the state sex offender registry, and the state child abuse and neglect registry. The checks also cover any other state the person lived in during the past five years.

The law applies to anyone with unsupervised access to children at a licensed or Child Care and Development Fund (CCDF)-funded program — teachers, assistants, directors, and often substitutes and volunteers. The U.S. Administration for Children and Families (ACF) Office of Child Care administers it, and state licensing agencies run the actual checks. The table shows the components and what each one screens for.

CheckWhat it screens for (CCDBG Act of 2014)
FBI fingerprint checkNational criminal history, so a record in another state still shows up.
State criminal recordsCriminal history within the state where the person works.
NCIC National Sex Offender RegistryFederal sex offender registry across all states.
State sex offender registryThe sex offender registry for the state.
Child abuse and neglect registrySubstantiated findings of child abuse or neglect.
Out-of-state checksCriminal and abuse registries in any state lived in over the past five years.

Background checks are one layer of how a program keeps children safe, alongside supervision and ratios. Our guide to the signs of a quality daycare covers what else separates a careful program from a careless one.

What disqualifies someone from working at a daycare?

The Child Care and Development Block Grant (CCDBG) Act of 2014 permanently bars anyone convicted of crimes against children, violent felonies such as murder, or sexual offenses. Other serious felonies — recent violent or drug convictions, for example — disqualify a person for set periods. Being listed on a sex offender registry or a substantiated child abuse registry is disqualifying. States may add further bars.

A person can also be disqualified for refusing to consent to the checks or knowingly making a false statement on the application. The point of the law is not to punish every past mistake, but to keep people with histories of harming children, or of serious violence, away from the people least able to protect themselves. State licensing publishes its own list of disqualifying offenses, which is worth a look if you want the specifics for where you live.

How often are the checks repeated?

The Child Care and Development Block Grant (CCDBG) Act of 2014 requires a complete background check at least once every five years. Many states check more often or run ongoing monitoring that flags new arrests or registry entries between cycles. New hires must clear the required checks before they start, or shortly after, and must be supervised at all times until the results come back.

  1. Before hire: the applicant submits fingerprints and consents to all five checks.
  2. Provisional period: if a state allows work before results return, the person is supervised and never alone with children.
  3. Clearance: the program keeps documentation that each staff member passed.
  4. Every five years: the full check is rerun, at minimum, for everyone.
  5. Ongoing: many states monitor databases continuously and act on new findings.

If you are touring a program, this is a fair thing to ask about directly. Fold it into the broader conversation using our questions to ask on a daycare tour guide.

The honest tradeoff. A clean background check is necessary, but it is not a guarantee. It tells you a person has no disqualifying record — not that they are warm, patient, or good with toddlers, and not that nothing will ever go wrong. Most people who harm children have no prior record, which is why screening works alongside open classrooms, staff who are never alone in unobserved spaces, drop-in access for parents, and a culture where concerns get raised. Treat the check as the floor it is. The programs worth trusting clear it without question and then build real safety on top of it.

How can I confirm a daycare follows the rules?

Ask the director whether all staff and volunteers complete the federal Child Care and Development Block Grant (CCDBG) checks, and whether that includes substitutes, the cook, and anyone else around the children. Then look the program up on your state child care licensing website, which posts license status and inspection reports. A compliant program answers plainly and points you to its license.

Licensing reports are public in every state, and they often note staffing or record-keeping violations. A program that hesitates on this question, or cannot say whether substitutes are screened, is telling you something. Pair this check with our red flags when touring a daycare guide so you know the other warning signs.

Bottom line

Daycare staff background checks are set by the federal Child Care and Development Block Grant (CCDBG) Act of 2014: fingerprints, state and federal criminal and sex offender checks, the child abuse registry, out-of-state history, and a rerun at least every five years. Ask whether everyone is screened, including substitutes, and verify the license with your state. It is the floor, not the ceiling — but it is a floor worth confirming.

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