AN ACT RELATING TO HUMAN SERVICES -- CERTIFICATION OF CHILDCARE AND YOUTH-SERVING WORKERS AND OPERATORS (Commencing July 1, 2026, this act eliminates the provision of this section that requires new applicants for employment under this section to pay the expense for their criminal background checks.)

S2173

2026 -- S 2173
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
____________
A N A C T
RELATING TO HUMAN SERVICES -- CERTIFICATION OF CHILDCARE AND YOUTH-
SERVING WORKERS AND OPERATORS

Introduced By:
Senators Acosta, DiMario, DiPalma, Mack, Lawson, Felag, Quezada,
Zurier, Valverde, and McKenney

Date Introduced:
January 16, 2026

Referred To:
Senate Labor & Gaming
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) 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

1
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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(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.]
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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 expense associated for providing the criminal records check
to
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an existing employee
shall be paid by the applicant and/or the requesting agency.
Effective July 1,
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2026, any new applicant, which shall include any person who has submitted an application for
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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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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
***
1
Commencing July 1, 2026, this act would eliminate the provision of this section that
2
requires new applicants for employment under this section to pay the expense for their criminal
3
background checks.
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This act would take effect upon passage.
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