AN ACT RELATING TO HUMAN SERVICES -- CERTIFICATION OF CHILDCARE AND YOUTH-SERVING WORKERS AND OPERATORS (Eliminates fingerprinting fees for licensed childcare hires, require background checks for youth activity instructors, and allow active TS/SCI clearance to satisfy criminal background check requirements.)

H8136

2026 -- H 8136
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LC005121
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO HUMAN SERVICES -- CERTIFICATION OF CHILDCARE AND YOUTH-
SERVING WORKERS AND OPERATORS

Introduced By:
Representatives Shallcross Smith, Casey, Cruz, Alzate, Giraldo, and
Fellela

Date Introduced:
February 27, 2026

Referred To:
House Health & Human Services
It is enacted by the General Assembly as follows:
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SECTION 1. Section 40-13.2-5 of the General Laws in Chapter 40-13.2 entitled
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"Certification of Childcare and Youth-Serving Workers and Operators" is hereby amended to read
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as follows:
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40-13.2-5. Criminal records check — Employees of child day care, daycare centers,
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family daycare homes, group family daycare homes, child-placing agencies and residential
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childcare facilities that must be licensed by the department.
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(a)
(1)
Any person seeking employment in a “child day care” program, a “family daycare
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home,” “group family daycare home,” or in a “child daycare center” as defined in § 42-12.5-2, if
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that employment involves supervisory or disciplinary power over a child or children or involves
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routine contact with a child or children without the presence of other employees, or any adult
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household member of any operator of a “family daycare home” and “group family daycare home,”
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or seeking that employment or to volunteer at the training school for youth, shall, after acceptance
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by the employer of the affidavit required by § 40-13.2-3, apply to the bureau of criminal
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identification of the state police or the local police department, or the office of the attorney general,
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or the department of children, youth and families, for a nationwide criminal records check. The
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check will conform to applicable federal standards including the taking of fingerprints to identify
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the applicant. Further, any person seeking employment in a “child day care” program, in a “child
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daycare center,” and/or in a “child daycare provider” as defined in § 42-12.5-2, if that employment

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involves supervisory or disciplinary power over a child or children or involves routine contact with
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a child or children without the presence of other employees shall apply to the bureau of criminal
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identification of the state police or the local police department or the office of the attorney general
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to conduct all necessary criminal background checks as required by the Child Care and
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Development Block Grant of 2014 (CCDBGA), Pub. L. No. 113-186. The criminal record checks
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as required by this section shall be conducted for every five (5) years of continuous childcare
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employment from the date of the previous criminal background check.
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(2) Any person, whether compensated or serving in a volunteer capacity, who provides
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instruction, coaching, supervision, or organized activities to children or youth in programs
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including, but not limited to, dance, sports, cheerleading, gymnastics, wrestling, martial arts, music
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instruction, academic tutoring, or other similar organized youth activities, and whose duties involve
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supervisory authority over a child or routine contact with a child without the presence of another
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screened adult, shall be required to undergo a nationwide criminal records check in accordance
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with the standards set forth in this section, including fingerprint-based identification consistent with
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applicable federal requirements. No organization, association, business entity, or sole proprietor
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offering such programs shall permit any such individual to commence service prior to completion
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of the required criminal background check.
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(b) Any person seeking employment in a “child-placing agency” as defined in § 42-72.1-
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2, if that employment involves supervisory or disciplinary power over a child or children or
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involves routine contact with a child or children without the presence of other employees, shall,
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after acceptance by the employer of the affidavit required by § 40-13.2-3, apply to the bureau of
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criminal identification of the state police or the local police department, or the office of the attorney
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general or the department of children, youth and families, for a nationwide criminal records check.
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The check will conform to applicable federal standards including the taking of fingerprints to
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identify the applicant.
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(c) Any person seeking employment in a “childcaring agency,” “children’s behavioral
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health program,” or in a “foster and adoptive home” as defined in § 42-72.1-2, that is, or is required
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to be, licensed or registered with the department of children, youth and families, shall, after
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acceptance by the employer of the affidavit required by § 40-13.2-3, apply to the bureau of criminal
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identification of the state police or the local police department, or the office of the attorney general,
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or the department of children, youth and families, for a nationwide criminal records check. The
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check will conform to applicable federal standards including the taking of fingerprints to identify
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the applicant.
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(d) [Deleted by P.L. 2019, ch. 88, art. 3, § 8.]

LC005121 - Page 2 of 5
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(e) Upon the discovery of any disqualifying information as defined in accordance with the
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rule promulgated by the director, the bureau of criminal identification of the state police or the local
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police department or the office of the attorney general or the department of children, youth and
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families will inform the applicant, in writing, of the nature of the disqualifying information. In
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addition, the bureau of criminal identification of the state police or the office of the attorney general,
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or department of children, youth and families, or the local police department will inform the
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relevant employer, in writing, without disclosing the nature of the disqualifying information, that
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an item of disqualifying information has been discovered.
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(f) In those situations in which no disqualifying information has been found, the bureau of
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criminal identification of the state police or the local police department or the office of the attorney
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general, or the department of children, youth and families will inform both the applicant and the
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employer, in writing, that no disqualifying information has been found.
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(g) Failure to show proof that the employer has initiated requests for background checks
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required by this section will be prima facie grounds to revoke the license or registration of the
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operator of the facility.
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(h) It will be the responsibility of the bureau of criminal identification of the state police
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or the office of the attorney general, or
the

every
local police department, or the department of
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children, youth and families, to conduct the
comprehensive
nationwide criminal records check
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pursuant to this section. The
comprehensive
nationwide criminal records check will be provided to
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the applicant for employment.
Any

On and before June 30,2026,
expense associated for providing
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the criminal records check shall be paid by the applicant and/or the requesting agency.
On and after
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July 1, 2026, any new applicant, which shall include any person who has submitted an application
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for employment to any agency or entity regulated by this section, shall be exempt from the payment
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provisions of this section and the nationwide criminal records check shall be conducted at no
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charge.
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(i) In lieu of the criminal background check and fingerprinting requirements set forth in
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this section, an applicant who holds an active United States government top secret sensitive
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compartmented information (TS/SCI) security clearance, verified in writing by the appropriate
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federal authority or employer, may submit proof of such clearance to the bureau of criminal
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identification, the office of the attorney general, the local police department, or the department of
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children, youth and families. Upon verification of the active clearance status, the applicant shall be
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deemed to have satisfied the nationwide criminal records check requirement of this section;
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provided that, the clearance remains active and in good standing. The director may promulgate
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regulations to establish procedures for verification and documentation of such clearance.

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SECTION 2. This act shall take effect upon passage.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO HUMAN SERVICES -- CERTIFICATION OF CHILDCARE AND YOUTH-
SERVING WORKERS AND OPERATORS
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This act would eliminate fingerprinting fees for licensed childcare hires, require
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background checks for youth activity instructors, and allow active top secret sensitive
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compartmented information (TS/SCI) security clearance to satisfy criminal background check
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requirements.
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This act would take effect upon passage.
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