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hire may work in a child care facility for up to thirty (30) days while waiting for fingerprint results to be received and a final determination to be made by the BCP.

The Child Care Program Office (CCPO) Eligibility and Benefits Staff will monitor all other Approved Relative and In-home providers and provide a copy of the BCP’s eligibility determination notification to the Designee for the provider’s case file. 4210-3 A. BARRING CRIME OR CONDITION FOUND If a barring crime and/or condition is found during this initial process, the BCP issues a determination of “Ineligible” for the individual in NABCS.

If this check is for a new or existing household member of a participating provider, the provider must take action to immediately remove the individual from the child care facility.

When a barring condition is identified for a provider, household member or In-home caregiver, the provider applicant and the caregiver are sent notification from the BCP advising of the barrier, allowing for a request for redetermination, and if applicable, the option of applying for a variance. The individual may not apply for a variance if the barring crime or condition is identified in:

1. 45 Code of Federal Regulation (CFR) 98.43(a)(2) A child care provider shall be ineligible if the provider employs a staff member who is ineligible for employment. Household members of an Approved Relative provider are considered to be “staff” in the regard they may have unsupervised access to children in care; or

2. 45 CFR 98.43 (c) (1) A child care member is ineligible for employment if the individual: a. Refuses to consent to the criminal background check; b. Knowingly makes a materially false statement in connection with the criminal background check; c. Is registered, or is required to be registered on a State sex offender registry or repository or the National Sex Offender Registry; or d. Has been convicted of a felony consisting of • Murder;