comprehensive-background-check-inter-state

Reason(s) for non-compliance: • The Lead Agency does not require and conduct interstate criminal history background checks for all staff members (or prospective staff members) who resided in other state(s) in the past 5 years, as required by 98.43(b)(3)(i)(B), 98.42(b)(2)(i)(B), and 98.43(a). (Plan Question 5.7.6a) • The Lead Agency does not require and conduct interstate criminal history background checks for all individuals age 18 or older who reside in a family child care home and resided in other state(s) in the past 5 years, as required by 98.43(b)(3)(i)(B), 98.42(b)(2)(i)(B), and 98.43(a). (Plan Question 5.7.6c) • The Lead Agency does not require and conduct interstate sex offender registry checks for all staff members (or prospective staff members) who resided in other state(s) in the past 5 years, as required by 98.43(b)(3)(ii), 98.42(b)(2)(i)(B), and 98.43(a). (Plan Question 5.7.7a) • The Lead Agency does not require and conduct interstate sex offender registry checks for all individuals age 18 or older who reside in a family child care home and resided in other state(s) in the past 5 years, as required by 98.43(b)(3)(ii), 98.42(b)(2)(i)(B), and 98.43(a). (Plan Question 5.7.7c) • The Lead Agency does not require and conduct interstate CAN registry checks for all staff members (or prospective staff members) who resided in other state(s) in the past 5 years, as required by 98.43(b)(3)(iii), 98.42(b)(2)(i)(B), and 98.43(a). (Plan Question 5.7.8a) • The Lead Agency does not require and conduct the interstate CAN registry checks for all individuals age 18 or older who reside in a family child care home and resided in other state(s) in the past 5 years, as required by 98.43(b)(3)(iii), 98.42(b)(2)(i)(B), and 98.43(a). (Plan Question 5.7.8c) Overall Target Completion Date: 08/31/2028 Action Step Number Action Step Description Target Completion Date 1 The Lead Agency does not require and conduct interstate criminal history background checks for all staff members (or prospective staff members) who resided in other state(s) in the past 5 years, as required by 98.43(b)(3)(i)(B), 98.42(b)(2)(i)(B), and 98.43(a). (Plan Question 5.7.6a) 08/31/2028 2 Revised 78CSR1 child care centers, 78CSR21 out of school time centers, 78CSR18 family child 04/28/2023 care facilities, 78CSR19 family child care homes, and 78CSR20 informal/relative family homes. 3 Explore how other states conduct background checks Consult with Legal Develop policies/procedures on Plan of Action Approvals from Leadership Update Background Check Guide Present information at 2025 All State Director Meeting and Family Child Care Conferences 10/31/2025 4 Obtain legislative approval to add a definition to 78CSR1, 78CSR18, 78CSR19, 78CSR20, and 78CSR21 to include a definition for Rap Back program at 2028 regulations sunset. Provide a public forum for proposed regulation change. Provide a public comment period for proposed regulation change. Final WV DoHS BFA approval of proposed rule, including amendments due to public forum and public comment period. File approved rule with the state register and legislative rule-making committee within 90 days Seek promulgation of proposed rule via Legislative approval. Final rule will go into effect August 2028 08/31/2028 5 The Lead Agency does not require and conduct interstate criminal history background checks for all individuals age 18 or older who reside in a family child care home and resided in other state(s) in the past 5 years, as required by 98.43(b)(3)(i)(B), 98.42(b)(2)(i)(B), and 98.43(a). (Plan Question 5.7.6c) The Lead Agency does not require and conduct interstate sex offender registry checks for all staff members (or prospective staff members) who resided in other state(s) in the past 5 years, as required by 98.43(b)(3)(ii), 98.42(b)(2)(i)(B), and 98.43(a). (Plan Question 5.7.7a) The Lead Agency does not require and conduct interstate sex offender registry checks for all individuals age 18 or older who reside in a family 10/31/2025 child care home and resided in other state(s) in the past 5 years, as required by 98.43(b)(3)(ii), 98.42(b)(2)(i)(B), and 98.43(a). (Plan Question 5.7.7c) The Lead Agency does not require and conduct the interstate CAN registry checks for all individuals age 18 or older who reside in a family child care home and resided in other state(s) in the past 5 years, as required by 98.43(b)(3)(iii), 98.42(b)(2)(i)(B), and 98.43(a). (Plan Question 5.7.8c) 6 Revised 78CSR1 child care centers, 78CSR21 out of school time centers, 78CSR18 family child care facilities, 78CSR19 family child care homes, and 78CSR20 informal/relative family homes. 04/28/2023 7 Explore how other states conduct background checks Consult with Legal Develop policies/procedures on Plan of Action Approvals from Leadership Update Background Check Guide Present information at 2025 All State Directors Meeting and Family Child Care Conferences 10/31/2025