CCDBG Background Checks

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NYS Comprehensive Background Checks

As required by the Child Care and Development Block Grant Act (CCDBG) and New York State Social Services Law, new comprehensive background checks became effective on September 25, 2019.

Background check requirements include:

In addition, for any individual who resides or resided in another state in the prior 5 years, the following checks must be done against that state(s):

All operators, employees, and volunteers in licensed/registered child care programs are now subject to these provisions, including household members 18 years of age or older in family and group family child care programs.. All legally exempt group program directors, employees and volunteers are also subject to these provisions. Further, any non-relative provider, employee and volunteer in a legally exempt in-home child care setting is subject to the above background checks. Any non-relative provider, employee, volunteer and adult household member, unless such household member is related in any way to all children in care, in a legally exempt family child care setting is also subject to the above background check. These background checks do not apply to any individual in legally exempt relative-only in-home child care or relative-only family child care.

Prospective individuals must be cleared at the time of application/enrollment. Individuals that were existing in their roles prior to September 25, 2019 must follow a schedule issued by OCFS to be screened against these new requirements. That schedule requires that these individuals submit the required documentation and schedule their appointment to fingerprinted within 7 days of their birthday. Once individuals complete the comprehensive background checks required under CCCDBG and they are approved for their roles, the approval is valid for up to 5 years unless there is a break in service from working in any program for more than 180 days. This approval is also contingent upon the fact that no new issues emerge in an individual’s background check that requires OCFS intervention or assessment. In addition these requirements now have mandatory disqualifying offenses.

In order to initiate the comprehensive background check process, individuals must follow the instructions on the OCFS-4930 form to schedule a fingerprinting appointment and also submit a complete OCFS-6000 packet to their program’s regulator/enrollment agency.

On February 7, 2020, OCFS also adopted new regulations that allows new (prospective) staff, volunteers, and household members of family/group family programs that are 18 years or older in licensed/registered programs, to begin working/residing in a child care program under supervision, as long as they have been fingerprinted and the form OCFS-6004 has been submitted to their regulator. The remaining documentation from the OCFS 6000 packet must also be submitted in order to be fully approved in their roles.

In brief, the new rules require:

OCFS is stressing to regulatory staff the importance of providing technical assistance to child care programs and supporting their efforts to come into compliance with these new requirements.

View the presentation on Updated Comprehensive Background Checks as federally mandated in the Child Care Development Block Grant Act of 2014 (CCDBG).