5.7 Comprehensive Background Checks

Lead Agencies must conduct comprehensive background checks for all child care staff members (including prospective staff members) of all child care providers that are (1) licensed, regulated, or registered under State/Territory law, regardless of whether they receive CCDF funds; or (2) all other child care providers eligible to deliver CCDF services (e.g., license-exempt CCDF eligible child care providers). Family child care home providers must also submit background check requests for all household members age 18 or older. A comprehensive background check must include: three in-state checks, two national checks, and three interstate checks if the individual resided in another State or Territory in the preceding 5 years. The background check components must be completed at least once every five years. All child care staff members must receive a qualifying result from either the FBI criminal background check or an in-state fingerprint criminal history check before working (under supervision) with or near children. Lead Agencies must apply a CCDF-specific list of disqualifying crimes for child care providers serving families participating in CCDF. These background check requirements do not apply to individuals who are related to all children for whom child care services are provided. Exemptions for relative providers will be addressed in subsection 5.8. 5.7.1 In-state criminal history check with fingerprints a. Does the Lead Agency conduct in-state criminal history background checks with fingerprints for all child care staff members (including prospective staff members) of licensed, regulated, or registered child care providers, regardless of CCDF participation? [x] Yes. [ ] No. If no, describe any categories of licensed, regulated, or registered child care providers for whom you do not conduct in-state criminal background checks with fingerprints. b. Does the Lead Agency conduct in-state criminal history background checks with fingerprints for all child care staff members (including prospective staff members) of all other child care providers eligible for CCDF participation (i.e., license-exempt providers) other than relative providers? [ ] Yes. [x] No. If no, describe any categories of child care providers eligible for CCDF participation for whom you do not conduct in-state criminal background checks with fingerprints. West Virginia has no license exempt providers. c. Does the Lead Agency conduct the in-state criminal background check with fingerprints for all individuals age 18 or older who reside in a family child care home? [x] Yes. [ ] No. If no, describe individuals age 18 or older who reside in a family child care home who do not receive an in-state criminal background check with fingerprints. 5.7.2 National Federal Bureau of Investigation (FBI) criminal history check with fingerprints a. Does the Lead Agency conduct FBI criminal history background checks with fingerprints for all child care staff members (including prospective staff members) of licensed, regulated, or registered child care providers, regardless of CCDF participation? [x] Yes. [ ] No. If no, describe any categories of licensed, regulated, or registered child care providers for whom you do not conduct FBI criminal background checks with fingerprints. b. Does the Lead Agency conduct FBI criminal history background checks with fingerprints for all child care staff members (including prospective staff members) of all other child care providers eligible for CCDF participation (i.e., license-exempt providers)? [ ] Yes. [x] No. If no, describe any categories of child care providers eligible for CCDF participation for whom you do not conduct FBI criminal background checks. West Virginia has no license exempt providers. c. Does the Lead Agency conduct the FBI criminal background check with fingerprints for all individuals age 18 or older who reside in a family child care home? [x] Yes. [ ] No. If no, describe individuals age 18 or older who reside in a family child care home who do not receive an FBI criminal background check with fingerprints. 5.7.3 National Crime Information Center (NCIC) National Sex Offender Registry (NSOR) name-based check The majority of NCIC NSOR records are fingerprint records and are automatically included in the FBI fingerprint criminal background check. But a small percentage of NCIC NSOR records are only name-based records and must be accessed through the required name-based search of the NCIC NSOR. a. Does the Lead Agency conduct NCIC NSOR name-based background checks for all child care staff members (including prospective staff members) of licensed, regulated, or registered child care providers, regardless of CCDF participation? [ ] Yes. [x] No. If no, describe any categories of licensed, regulated, or registered child care providers for whom you do not conduct NCIC NSOR name-based background checks. Add: Outstanding non-compliance 12/13/21. Regulations were revised and became effective 4/1/2023 for all provider types to complete a federal background check conducted by WV CARES. 78CSR1 Child Care Centers 8.4.c. Other than the exceptions cited in subdivision 8.4.e., a center shall ensure that a state and federal fingerprint-based criminal background investigation is performed on each staff member and volunteer pursuant to the provisions of the West Virginia Clearance for Access: Registry and Employment Screening Act (WV CARES), W. Va. Code §16-49-1 et seq., 69CSR10, and shall keep the following information on file: 78CSR21Out of School Time Centers 7.4.b. Other than the exceptions cited in subdivision 7.4.c. of this rule, a program shall ensure that a criminal background investigation is performed on each staff member and volunteer pursuant to the provisions of the West Virginia Clearance for Access: Registry and Employment Screening Act (WV CARES), W. Va. Code §16-49-1 et seq., and 69CSR10 and shall keep the following information on file: 78CSR18 Family Child Care Facilities 16.1. At the time of license application and renewal, a family child care facility must demonstrate compliance with the provisions of the West Virginia Clearance for Access: Registry and Employment Screening Act (WV CARES), W. Va. Code §16-49-1 et seq., and69CSR10, for all facility owners, operators, staff, volunteers 18 years of age and over, and each adult household member. 78CSR19 Family Child Care Homes 6.4.a. A caregiver shall ensure that a state and federal fingerprint-based criminal background investigation is performed on the caregiver and each adult household member pursuant to the provisions of the West Virginia Clearance for Access: Registry and Employment Screen Act (WV CARES), W. Va. Code §16-49-1 et seq., 69CSR10, and shall keep the following information on file: 78CSR20 Family Child Care Informal/Relative Homes 6.4.a. A caregiver shall ensure that a state and federal fingerprint-based criminal background investigation is performed on the caregiver and each adult household member pursuant to the provisions of the West Virginia Clearance for Access: Registry and Employment Screening Act (WV CARES), W. Va. Code §16-49-1 et seq., and 69CSR10 and shall keep the following information on file: b. Does the Lead Agency conduct NCIC NSOR name-based background checks for all child care staff members (including prospective staff members) of all other child care providers eligible for CCDF participation (i.e., license-exempt providers)? [ ] Yes. [x] No. If no, describe any categories of child care providers eligible for CCDF participation for whom you do not conduct NCIC NSOR name-based background checks. West Virginia has no license exempt providers. c. Does the Lead Agency conduct the NCIC NSOR name-based background check for all individuals age 18 or older who reside in a family child care home? [x] Yes. [ ] No. If no, describe individuals age 18 or older who reside in a family child care home who do not receive a NCIC NSOR name-based background check. 5.7.4 In-state sex offender registry (SOR) check a. Does the Lead Agency conduct in-state SOR checks for all child care staff members (including prospective staff members) of licensed, regulated, or registered child care providers, regardless of CCDF participation? [x] Yes. [ ] No. If no, describe any categories of licensed, regulated, or registered child care providers for whom you do not conduct in-state SOR background checks. b. Does the Lead Agency conduct in-state SOR background checks for all child care staff members (including prospective staff members) of all other child care providers eligible for CCDF participation (i.e., license-exempt providers)? [ ] Yes. [x] No. If no, describe any categories of child care providers eligible for CCDF participation for whom you do not conduct in-state SOR background checks. West Virginia has no license exempt providers. c. Does the Lead Agency conduct the in-state SOR background check for all individuals age 18 or older who reside in a family child care home? [x] Yes. [ ] No. If no, describe individuals age 18 or older who reside in a family child care home who do not receive an in-state SOR background check. 5.7.5 In-state child abuse and neglect (CAN) registry check a. Does the Lead Agency conduct CAN registry checks for all child care staff members (including prospective staff members) of licensed, regulated, or registered child care providers, regardless of CCDF participation? [x] Yes. [ ] No. If no, describe any categories of licensed, regulated, or registered child care providers for whom you do not conduct CAN registry checks. b. Does the Lead Agency conduct CAN registry checks for all child care staff members (including prospective staff members) of all other child care providers eligible for CCDF participation (i.e., license-exempt providers)? [ ] Yes. [x] No. If no, describe any categories of child care providers eligible for CCDF participation for whom you do not conduct CAN registry checks. West Virginia has no license exempt providers. c. Does the Lead Agency conduct the CAN registry check for all individuals age 18 or older who reside in a family child care home? [x] Yes. [ ] No. If no, describe individuals age 18 or older who reside in a family child care home who do not receive a CAN registry check. 5.7.6 Interstate criminal history check These questions refer to requirements for a Lead Agency to conduct an interstate check for a child care staff member (including prospective child care staff members) who currently lives in their State or Territory but has lived in another State, Territory, or Tribal land within the previous 5 years. a. Does the Lead Agency conduct interstate criminal history background checks for any staff member (or prospective staff member) who resided in other state(s) in the past 5 years of licensed, regulated, or registered child care providers, regardless of CCDF participation? [ ] Yes. [x] No. If no, describe any categories of licensed, regulated, or registered child care providers for whom you do not conduct interstate criminal history background checks. Preliminary notice date 12/13/21. Regulations were revised and became effective 4/1/2023 for all provider types to complete interstate background checks for all operators, owners, directors, staff, substitutes, volunteers and household members that have lived in another state during the previous five years or who work in WV and reside in another state. 78CSR1 Child Care Centers 8.4.c.5. A state background check shall be completed in any other state where the staff member or volunteer has resided in the past five years. For a staff member or volunteer who works in the state of West Virginia and resides in another state, a state background check is required for the state they reside. Fingerprint checks for other states are optional. All staff members and volunteers must complete a criminal background check through WV CARES. 78CSR21 Out of School Time Centers 7.4.b.3. A state background check shall be completed in any other state where the staff member or volunteer has resided in the past five years. For a staff member or volunteer who works in the state of West Virginia and resides in another state, a state background check is required for the state in which they reside. Fingerprint checks for other states are optional. All staff members and volunteers must complete a criminal background check through WV CARES; 78CSR18 Family Child Care Facilities 16.1.a.5. A state check shall be done in any other state where the caregiver and each adult household member has resided in the past five years. Fingerprint checks for other states are optional. 78CSR19 Family Child Care Homes 6.4.a.5. A state criminal background check shall be done in the state where the caregiver and each adult household member has resided in the past five years. Fingerprint checks for other states are optional. 78CSR20 Family Child Care Informal/Relative Homes 6.4.a.5. A state check shall be done in any other state where the caregiver and each adult household member has resided in the past five years. Fingerprint checks for other states are optional. b. Does the Lead Agency conduct interstate criminal history background checks for any staff member (or prospective staff member) who resided in other state(s) in the past 5 years eligible for CCDF participation (i.e., license-exempt providers)? [ ] Yes. [x] No. If no, describe any categories of child care providers eligible for CCDF participation for whom you do not conduct interstate criminal history background checks. West Virginia has no license exempt providers. c. Does the Lead Agency 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. [ ] Yes. [x] No. If no, describe why individuals age 18 or older that resided in other state(s) in the past 5 years who reside in a family child care home that do not receive an interstate criminal history background check. Preliminary notice date 12/13/21. Regulations were revised and became effective 4/1/2023 for Family Child Care Homes to complete interstate background checks for all staff, substitutes, volunteers and household members that have lived in another state during the previous five years or who work in WV and reside in another state. 78CSR19 Family Child Care Homes 6.4.a.5. A state criminal background check shall be done in the state where the caregiver and each adult household member has resided in the past five years. Fingerprint checks for other states are optional. 5.7.7 Interstate Sex Offender Registry (SOR) check These questions refer to requirements for a Lead Agency to conduct an interstate check for a child care staff member (including prospective child care staff members) who currently lives in their State or Territory but has lived in another State, Territory, or Tribal land within the previous 5 years. a. Does the Lead Agency conduct interstate SOR checks for any staff member (or prospective staff member) who resided in other state(s) in the past 5 years of licensed, regulated, or registered child care providers, regardless of CCDF participation? [ ] Yes. [x] No. If no, describe any categories of licensed, regulated, or registered child care providers for whom you do not conduct interstate SOR checks. Preliminary notice date 12/13/21. Regulations were revised and became effective 4/1/2023 requiring all provider types to conduct interstate sex offender registry checks for all owners, operators, directors, staff, substitutes, volunteers, and household members for any individual who lives out of state during the previous five years or who work in WV and reside in another state. 78CSR1 Child Care Centers 8.4.c.7. A check of the sex offender registry or repository shall be completed in another state where the staff member or volunteer has resided in the past five years. For a staff member or volunteer works in the state of West Virginia and resides in another state, a check of the sex offender registry or repository shall be completed in the state they reside. 78CSR21 Out of School Time Centers 7.4.b.7. A check of the sex offender registry or repository shall be completed in another state where the staff member or volunteer has resided in the past five years. For a staff member or volunteer who works in the state of West Virginia and resides in another state, a check of the sex offender registry or repository shall be completed in the state in which they reside. 78CSR18 Family Child Care Facilities 16.1.b. A state check of the sex offender registry or repository shall be done in any other state where the caregiver and each adult household member currently resides and shall be done in any other state where the caregiver and each adult household member has resided in the past five years. 78CSR19 Family Child Care Homes 6.4.b. A state check of the sex offender registry or repository shall be done in the state where the caregiver and any adult household member currently resides and shall be done in any other state where the caregiver and each adult household member has resided in the past five years. 78CSR20 Family Child Care Informal/Relative Homes 6.4.b. A state check of the sex offender registry or repository shall be done in the state where the caregiver and each adult household member currently resides and shall be done in any other state where the caregiver and each adult household member has resided in the past five years. b. Does the Lead Agency conduct interstate SOR checks for any staff member (or prospective staff member) who resided in other state(s) in the past 5 years eligible for CCDF participation (i.e., license-exempt providers)? [ ] Yes. [x] No. If no, describe any categories of child care providers eligible for CCDF participation for whom you do not conduct interstate SOR checks. West Virginia has no license exempt providers. c. Does the Lead Agency conduct the interstate SOR checks for all individuals age 18 or older who resided in other state(s) in the past 5 years who reside in a family child care home? [ ] Yes. [x] No. If no, describe individuals age 18 or older that resided in other state(s) in the past 5 years who reside in a family child care home that do not receive an interstate SOR check. WV had an outstanding non-compliance. Regulations were revised and became effective 4/1/2023 requiring household members (residents) of family child care homes to complete an interstate sex offender registry check, 78CSR19 requires any household member that has resided in another state or states during the previous five years of residency to complete a sex offender registry check in each state. 78CSR19 Family Child Care Homes 6.4.b. A state check of the sex offender registry or repository shall be done in the state where the caregiver and any adult household member currently resides and shall be done in any other state where the caregiver and each adult household member has resided in the past five years. 5.7.8 Interstate child abuse and neglect (CAN) registry check These questions refer to requirements for a Lead Agency to conduct an interstate check for a child care staff member (including prospective child care staff members) who currently lives in their State or Territory but has lived in another State, Territory, or Tribal land within the previous 5 years. a. Does the Lead Agency conduct interstate CAN registry checks for any staff member (or prospective staff member) that resided in other state(s) in the past 5 years of licensed, regulated, or registered child care providers, regardless of CCDF participation? [ ] Yes. [x] No. If no, describe any categories of licensed, regulated, or registered child care providers for whom you do not conduct interstate CAN registry checks. : Preliminary notice date 12/13/21. Regulations were revised and became effective 4/1/2023 requiring all provider types to conduct CAN registry checks for owners, operators, staff, substitutes, volunteers, and household members who lived in another state during the previous five years or who work in WV and live in another state. 78CSR1 Child Care Centers 8.4.d. A search shall be done of the state-based child and adult abuse and neglect registries and protective services databases in each state where the staff member or volunteer resided during the preceding five years. The same search shall be done in the state where the staff member or volunteer currently resides and shall be repeated every five years. 78CSR21 Out of School Time Centers 7.4.b.5. A search shall be done of the state-based child and adult abuse and neglect registries and protective services databases in each state where the staff member or volunteer resided during the preceding five years. For a staff member or volunteer who works in the state of West Virginia and resides in another state, a search shall be done in the state where the staff member or volunteer currently resides and shall be repeated every five years. 78CSR18 Family Child Care Facilities 16.1.c. A search shall be done of the state-based child and adult abuse and neglect registries and protective services databases in each state where the caregiver and each adult household member resided during the preceding five years. The same search shall be done in the state where the caregiver and each adult household member currently resides and shall be repeated every five years. 78CSR19 Family Child Care Homes 6.4.c. A search shall be done of the state-based child and adult abuse and neglect registries and protective services databases in each state where the caregiver and each adult household member resided during the preceding five years. The same search shall be done in the state where the caregiver and each adult household member currently resides and shall be repeated every five years. 78CSR20 Family Child Home Informal/Relative Homes 6.4.c. A search shall be done of the state-based child and adult abuse and neglect registries and protective services databases in each state where the caregiver and each adult household member resided during the preceding five years. The same search shall be done in the state where the caregiver and each adult household member currently resides, and shall be repeated every five years. b. Does the Lead Agency conduct interstate CAN registry checks for any staff member (or prospective staff member) who resided in other state(s) in the past 5 years eligible for CCDF participation (i.e., license-exempt providers)? [ ] Yes. [x] No. If no, describe any categories of child care providers eligible for CCDF participation for whom you do not conduct interstate CAN registry checks. West Virginia has no license exempt providers. c. Does the Lead Agency conduct the interstate CAN registry checks for all individuals age 18 or older who resided in other state(s) in the past 5 years who reside in a family child care home? [ ] Yes. [x] No. If no, describe individuals age 18 or older that resided in other state(s) in the past 5 years who reside in a family child care home that do not receive interstate CAN registry checks. Preliminary notice date 12/13/21. Regulations were revised and became effective 4/1/2023 requiring all provider types to conduct CAN registry checks for owners, operators, staff, substitutes, volunteers, and household members who lived in another state during the previous five years or who work in WV and live in another state. 78CSR19 Family Child Care Homes 6.4.c. A search shall be done of the state-based child and adult abuse and neglect registries and protective services databases in each state where the caregiver and each adult household member resided during the preceding five years. The same search shall be done in the state where the caregiver and each adult household member currently resides and shall be repeated every five years. 5.7.9 Disqualifications for child care employment The Lead Agency must prohibit employment of individuals with child care providers receiving CCDF subsidy payment if they meet any of the following disqualifying criteria: • Refused to consent to a background check. • Knowingly made materially false statements in connection with the background check. • Are registered, or are required to be registered, on the State/Territory sex offender registry or repository or the National Sex Offender Registry. • Have been convicted of a felony consisting of murder, child abuse or neglect, crimes against children (including child pornography), spousal abuse, crimes involving rape or sexual assault, kidnapping, arson, physical assault, or battery. • Have a violent misdemeanor committed as an adult against a child, including the following crimes: child abuse, child endangerment, sexual assault, or any misdemeanor involving child pornography. • Convicted of a felony consisting of a drug-related offense committed during the preceding 5 years. a. Does the Lead Agency disqualify the employment of child care staff members (including prospective staff members) by child care providers receiving CCDF subsidy payment for CCDF-identified disqualifying criteria? [x] Yes. [ ] No. If no, describe the disqualifying criteria: b. Does the Lead Agency use the same criteria for licensed, regulated, and registered child care providers regardless of CCDF participation? [x] Yes. [ ] No. If no, describe any disqualifying criteria used for licensed, regulated, and registered child care providers: c. How does the Lead Agency use results from the in-state child abuse and neglect registry check? [ ] Does not use them to disqualify employment. [x] Uses them to disqualify employment. If checked, describe: Child care centers and out of school time directors are required to disqualify any staff member or potential staff member if a record is identified on the child abuse and neglect registry. Family child care facility, homes, and informal/relative home providers/staff receiving a finding are notified by the program manager, supervisor, or assigned regulatory specialist that a record was identified. In the event any provider type owner/operator/director or staff member can clear the record by receiving a disposition from the court-of-law in the applicable county. After another background check conducted by Social Services verifies the record is clear, the individual may then be hired. d. How does the Lead Agency use results from the interstate child abuse and neglect registry check? [ ] Does not use them to disqualify employment. [x] Uses them to disqualify employment. If checked, describe: Child care centers and out of school time directors are required to disqualify any staff member or potential staff member if a record is identified on and interstate child abuse and neglect registry. Family child care facilities, homes, and informal/relative home providers/staff receiving a finding are notified by the program manager, supervisor, or assigned regulatory specialist that a record was identified on a registry located in another state. If the out-of-state registry has protocols for a disposition process, verification by the applicable court-of-law would have to be submitted to the program manager, supervisor, or assigned regulatory specialist and another registry check conducted and verified as clear before the individual could then be hired. The WV Bureau of Social Services Background Check Unit conducts the child/adult abuse and neglect registry checks for all provider types and makes the determination if a substantiated case of adult and/or child abuse is on record. 5.7.10 Privacy Lead Agencies must ensure the privacy of a prospective staff member by notifying child care providers of the individual’s eligibility or ineligibility for child care employment based on the results of the comprehensive background check without revealing any documentation of criminal history or disqualifying crimes or other related information regarding the individual. Does the Lead Agency certify they ensure the privacy of child care staff members (including prospective child care staff member) when providing the results of the comprehensive background check? [ ] Yes. [x] No. If no, describe the current process of notification: Non-compliance notice date 12/13/21. The process for CAN background check results ensures privacy. Directors for Child Care Centers, Out of School Time Centers, and Family Child Care Facilities require staff to complete an Authorization for Protective Services Record Check form then mail it directly to the WV Bureau for Social Services Background Check Unit for a record check. The completed background check results are mailed directly to the director the center, out of school time program, or facility. Family Child Care Home providers and household members may work with the Resource and Referral Agencies to assist with the completion of the forms. The Resource and Referral Agencies then mail the form directly to the Program Manager II Child Care Regulation for processing. The Program Manager II tracks the incoming forms and takes them to the Bureau for Social Services Background Check Unit located in the same office area. The completed results are given to the Program Manager II who tracks the completion and mails the completed forms to the Family Child Care Unit Program Manager for disbursement to the applicable specialist. In the event there is a finding, the Program Manager II contacts the Family Child Care Unit Program Manager and provides the findings number and county location. The provider is notified and it is explained that a disposition must be verified before approval to operate, renew, or hire staff is issued. 5.7.11 Appeals processes for background checks Lead Agencies must provide for a process that allows child care provider staff members (and prospective staff members) to appeal the results of a background check to challenge the accuracy or completeness of the information contained in the individual’s background check report. Does the appeals process: i. Provide the affected individual with information related to each disqualifying crime in a report, along with information/notice on the opportunity to appeal. [x] Yes. [ ] No. Describe: ii. Provide the affected individual with clear instructions about how to complete the appeals process for each background check component if they wish to challenge the accuracy or completeness of the information contained in such individual’s background report. [x] Yes. [ ] No. Describe: iii. Ensure the Lead Agency attempts to verify the accuracy of the information challenged by the individual, including making an effort to locate any missing disposition information related to the disqualifying crime. [ ] Yes. [x] No. Describe: According to the provisions of the West Virginia Clearance for Access: Registry and Employment Screening Act (WV CARES), W. Va. Code §16-49- 1 et seq., 69CSR10, WV CARES conducts all appeals proceedings. Non-compliance notice date 12/13/21. The West Virginia Clearance for Access: Registry and Employment Screening Act (WV CARES), W. Va. Code §16-49-1 et seq., 69CSR10, WV CARES conducts all appeals proceedings. Notification of appeal determination is sent directly to the appellant. In the event there would be a delay in notification, providers may contact the applicable specialist or program manager. A program manager or ECE director may contact WV CARES to make inquiry if the appeal had yet been heard. WV CARES staff are not permitted to discuss results. Regulation is limited in the facilitation of the appeal process due to W. Va. Code §16-49-1 et seq., 69CSR10. iv. Get completed in a timely manner. [ ] Yes. [x] No. Describe: According to the provisions of the West Virginia Clearance for Access: Registry and Employment Screening Act (WV CARES), W. Va. Code §16-49- 1 et seq., 69CSR10, WV CARES conducts all appeals proceedings. v. Ensure the affected individual receives written notice of the decision. In the case of a negative determination, the decision must indicate (1) the Lead Agency’s efforts to verify the accuracy of information challenged by the individual, (2) any additional appeals rights available to the individual, and (3) information on how the individual can correct the federal or State records at issue in the case. [ ] Yes. [x] No. Describe: According to the provisions of the West Virginia Clearance for Access: Registry and Employment Screening Act (WV CARES), W. Va. Code §16-49- 1 et seq., 69CSR10, WV CARES conducts all appeals proceedings. vi. Facilitate coordination between the Lead Agency and other agencies in charge of background check information and results (such as the Child Welfare office and the State Identification Bureau), to ensure the appeals process is conducted in accordance with the Act. [ ] Yes. [x] No. Describe: According to the provisions of the West Virginia Clearance for Access: Registry and Employment Screening Act (WV CARES), W. Va. Code §16-49- 1 et seq., 69CSR10, WV CARES conducts all appeals proceedings. 5.7.12 Provisional hiring of prospective staff members Lead Agencies must at least complete and receive a qualifying result for either the FBI criminal background check or a fingerprint-based in-state criminal background check where the individual resides before prospective staff members may provide services or be in the vicinity of children. Until all the background check components have been completed, the prospective staff member must be supervised at all times by someone who has already received a qualifying result on a background check within the past five years. Check all background checks for which the Lead Agency requires a qualifying result before a prospective child care staff member begins work with children. a. FBI criminal background check. [x] Yes. [ ] No. If no, describe: b. In-state criminal background check with fingerprints. [ ] Yes. [x] No. If no, describe: Non-compliance notice date 12/13/21. Regulations were revised at the sunset in 2023, approved during the legislative session, and became effective 4/1/2023. The following regulations provide evidence that prospective child care staff are not permitted to work with children until an eligible in- state criminal background check result is received. 78CSR1 Child Care Centers 8.4.f. No person shall work with a child or children prior to the center receiving the required fitness determination of eligibility from the WV CARES unit. 78CSR21 Out of School Time Centers 7.4.d. No person shall work with a child or children prior to the center receiving the required fitness determination of eligibility from the WV CARES unit. Staff are permitted to work with children supervised until the CAN background check result is received, including any applicable interstate background checks. Family Child Care Facilities, Family Child Care Homes, and Family Child Care Informal/Relative providers are required to have in-state criminal, CAN, SOR, and interstate background checks (as applicable) with eligible results before being approved to operate c. In-state Sex Offender Registry. [ ] Yes. [x] No. If no, describe: Non-compliance notice date 12/13/21. Regulations were revised at the sunset in 2023, approved during the legislative session, and became effective 4/1/2023. The following regulations provide evidence that prospective child care staff are not permitted to work with children until an eligible in- state criminal background check result is received. 78CSR1 Child Care Centers 8.4.f. No person shall work with a child or children prior to the center receiving the required fitness determination of eligibility from the WV CARES unit. 78CSR21 Out of School Time Centers 7.4.d. No person shall work with a child or children prior to the center receiving the required fitness determination of eligibility from the WV CARES unit. The in-state Sex Offender Registry is accessed through WV CARES and in the event there is a record listed, the WV CARES result is ineligible. Staff in Child Care Centers and Out of School Time Centers are permitted to work with children supervised until the CAN background check result is received, including any applicable interstate background checks. Family Child Care Facilities, Family Child Care Homes, and Family Child Care Informal/Relative providers are required to have in-state criminal, CAN, SOR, and interstate background checks (as applicable) with eligible results before being approved to operate. d. In-state child abuse and neglect registry. [ ] Yes. [x] No. If no, describe: Non-compliance notice date 12/13/21. Staff in Child Care Centers and Out of School Time Centers are permitted to work with children supervised until the CAN background check result is received, including any applicable interstate background checks. Family Child Care Facilities, Family Child Care Homes, and Family Child Care Informal/Relative providers are required to have in-state criminal, CAN, SOR, and interstate background checks (as applicable) with eligible results before being approved to operate e. Name-based national Sex Offender Registry (NCIC NSOR). [ ] Yes. [x] No. If no, describe: 5.7.12e. Provisional hiring: Name-based national Sex Offender Registry (NCIC NSOR) Comments • WV has an outstanding non-compliance (notice date 12/13/21). Lead Agencies must at least complete and receive a qualifying result for either the FBI criminal background check or a fingerprint-based in-state criminal background check where the individual resides before prospective staff members may provide services or be in the vicinity of children. From WV's responses it appears that prospective child care staff are not permitted to work with children until qualifying results for ALL of comprehensive background checks are received. Provide evidence to the OCC Regional Office or update responses to questions in 5.7.12. Non-compliance notice date 12/13/21. Regulations were revised at the sunset in 2023, approved during the legislative session, and became effective 4/1/2023. The following regulations provide evidence that prospective child care staff are not permitted to work with children until an eligible in- state criminal background check result is received. 78CSR1 Child Care Centers 8.4.f. No person shall work with a child or children prior to the center receiving the required fitness determination of eligibility from the WV CARES unit. 78CSR21 Out of School Time Centers 7.4.d. No person shall work with a child or children prior to the center receiving the required fitness determination of eligibility from the WV CARES unit. The in-state Sex Offender Registry is accessed through WV CARES and in the event there is a record listed, the WV CARES result is ineligible. Family Child Care Facilities, Family Child Care Homes, and Family Child Care Informal/Relative providers are required to have in-state criminal, CAN, SOR, and interstate background checks (as applicable) with eligible results before being approved to operate. f. Interstate criminal background check, as applicable. [ ] Yes. [x] No. If no, describe: Non-compliance notice date 12/13/21. Staff in Child Care Centers and Out of School Time Centers are permitted to work with children supervised until the interstate criminal background check result is received. If the state or states where an individual previously resided or currently resides is a compact state, a separate background check is not required because WV is a compact state. Records existing in other compact states would be captured in the WV CARES background check. Family Child Care Facilities, Family Child Care Homes, and Family Child Care Informal/Relative providers are required to have in-state criminal, CAN, SOR, and interstate background checks (as applicable) with eligible results before being approved to operate. Family Child Care Facilities, Family Child Care Homes, and Family Child Care Informal/Relative providers are required to have in-state criminal, CAN, SOR, and interstate background checks (as applicable) with eligible results before being approved to operate. g. Interstate Sex Offender Registry check, as applicable. [ ] Yes. [x] No. If no, describe: Non-compliance notice date 12/13/21. Staff in Child Care Centers and Out of School Time Centers are permitted to work with children supervised until the interstate Sex Offender Registry result is received. If the state or states where an individual previously resided or currently resides is a compact state, a separate background check is not required because WV is a compact state. Records existing in other compact states would be captured in the WV CARES background check. Family Child Care Facilities, Family Child Care Homes, and Family Child Care Informal/Relative providers are required to have in-state criminal, CAN, SOR, and interstate background checks (as applicable) with eligible results before being approved to operate. h. Interstate child abuse and neglect registry check, as applicable. [ ] Yes. [x] No. If no, describe: 5.7.12h. Provisional hiring: Interstate child abuse and neglect registry check Comments • WV has an outstanding non-compliance (notice date 12/13/21). Lead Agencies must at least complete and receive a qualifying result for either the FBI criminal background check or a fingerprint-based in-state criminal background check where the individual resides before prospective staff members may provide services or be in the vicinity of children. From WV's responses it appears that prospective child care staff are not permitted to work with children until qualifying results for ALL of comprehensive background checks are received. Provide evidence to the OCC Regional Office or update responses to questions in 5.7.12. Non-compliance notice date 12/13/21. Staff in Child Care Centers and Out of School Time Centers are permitted to work with children supervised until the interstate child abuse and neglect registry check result is received. Family Child Care Facilities, Family Child Care Homes, and Family Child Care Informal/Relative providers are required to have in-state criminal, CAN, SOR, and interstate background checks (as applicable) with eligible results before being approved to operate. i. Does the Lead Agency require provisional hires to be supervised by a staff member who received a qualifying result on the comprehensive background check while awaiting results from the provisional hire’s full comprehensive background check? [ ] Yes. [x] No. If no, describe: Provisional hires are not permitted. All directors/operators/staff/caregivers must have a full comprehensive background check with eligibility to hire results prior to working with children. 5.7.12h. Provisional hiring: Interstate child abuse and neglect registry check Comments • WV has an outstanding non-compliance (notice date 12/13/21). Lead Agencies must at least complete and receive a qualifying result for either the FBI criminal background check or a fingerprint-based in-state criminal background check where the individual resides before prospective staff members may provide services or be in the vicinity of children. From WV's responses it appears that prospective child care staff are not permitted to work with children until qualifying results for ALL of comprehensive background checks are received. Provide evidence to the OCC Regional Office or update responses to questions in 5.7.12. Non-compliance notice date 12/13/21. Staff in Child Care Centers and Out of School Time Centers are permitted to work with children supervised until the interstate child abuse and neglect registry check result is received. Family Child Care Facilities, Family Child Care Homes, and Family Child Care Informal/Relative providers are required to have in-state criminal, CAN, SOR, and interstate background checks (as applicable) with eligible results before being approved to operate. 5.7.13 Completing the criminal background check within a 45-day timeframe The Lead Agency must carry out a request from a child care provider for a criminal background check as expeditiously as possible, and no more than 45 days after the date on which the provider submitted the request a. Does the Lead Agency ensure background checks are completed within 45 days (after the date on which the provider submits the request)? [ ] Yes. [x] No. If no, describe the timeline for completion for categories of providers, including which background check components take more than 45 days. Non-compliance notice date 12/31/21. The West Virginia Clearance for Access: Registry and Employment Screening Act (WV CARES), W. Va. Code §16-49-1 et seq., 69CSR10, WV CARES is responsible for completing background checks within 45 days. In the event a background check result is delayed, the owner/operator/caregiver may contact the regulation unit to make inquiry. Regulation is limited in the facilitation of the 45-day completion requirement due to W. Va. Code §16- 49-1 et seq., 69CSR10. b. Does the Lead Agency ensure child care staff receive a comprehensive background check when they work in your State but reside in a different State? [ ] Yes. [x] No. If no, describe the current policy: Non-compliance notice date 12/13/21. Regulations were added/revised at the 2023 sunset, approved at the legislative session, and became effective 4/1/2023 requiring interstate background checks be conducted when individuals work in WV and live in another state. 78CSR1 Child Care Centers 8.4.c.5. A state background check shall be completed in any other state where the staff member or volunteer has resided in the past five years. For a staff member or volunteer who works in the state of West Virginia and resides in another state, a state background check is required for the state they reside. Fingerprint checks for other states are optional. All staff members and volunteers must complete a criminal background check through WV CARES. 8.4.c.7. A check of the sex offender registry or repository shall be completed in another state where the staff member or volunteer has resided in the past five years. For a staff member or volunteer works in the state of West Virginia and resides in another state, a check of the sex offender registry or repository shall be completed in the state they reside. 8.4.d. A search shall be done of the state-based child and adult abuse and neglect registries and protective services databases in each state where the staff member or volunteer resided during the preceding five years. The same search shall be done in the state where the staff member or volunteer currently resides and shall be repeated every five years. 78CSR21 Out of School Time Centers 7.4.b.3. A state background check shall be completed in any other state where the staff member or volunteer has resided in the past five years. For a staff member or volunteer who works in the state of West Virginia and resides in another state, a state background check is required for the state in which they reside. Fingerprint checks for other states are optional. All staff members and volunteers must complete a criminal background check through WV CARES; 7.4.b.5. A search shall be done of the state-based child and adult abuse and neglect registries and protective services databases in each state where the staff member or volunteer resided during the preceding five years. For a staff member or volunteer who works in the state of West Virginia and resides in another state, a search shall be done in the state where the staff member or volunteer currently resides and shall be repeated every five years. 7.4.b.7. A check of the sex offender registry or repository shall be completed in another state where the staff member or volunteer has resided in the past five years. For a staff member or volunteer who works in the state of West Virginia and resides in another state, a check of the sex offender registry or repository shall be completed in the state in which they reside. 78CSR18 Family Child Care Facilities 16.1.b. A state check of the sex offender registry or repository shall be done in any other state where the caregiver and each adult household member currently resides and shall be done in any other state where the caregiver and each adult household member has resided in the past five years. 16.1.c. A search shall be done of the state-based child and adult abuse and neglect registries and protective services databases in each state where the caregiver and each adult household member resided during the preceding five years. The same search shall be done in the state where the caregiver and each adult household member currently resides and shall be repeated every five years. 78CSR19 Family Child Care Homes 6.4.b. A state check of the sex offender registry or repository shall be done in the state where the caregiver and any adult household member currently resides and shall be done in any other state where the caregiver and each adult household member has resided in the past five years. 6.4.c. A search shall be done of the state-based child and adult abuse and neglect registries and protective services databases in each state where the caregiver and each adult household member resided during the preceding five years. The same search shall be done in the state where the caregiver and each adult household member currently resides and shall be repeated every five years. 78CSR20 Family Child Care Informal/Relative Homes 6.4.b. A state check of the sex offender registry or repository shall be done in the state where the caregiver and each adult household member currently resides and shall be done in any other state where the caregiver and each adult household member has resided in the past five years. 6.4.c. A search shall be done of the state-based child and adult abuse and neglect registries and protective services databases in each state where the caregiver and each adult household member resided during the preceding five years. The same search shall be done in the state where the caregiver and each adult household member currently resides, and shall be repeated every five years. 5.7.14 Responses to interstate background check requests Lead Agencies must respond as expeditiously as possible to requests for interstate background checks from other States/Territories/Tribes in order to meet the 45-day timeframe. a. Does your State participate in the National Crime Prevention and Privacy Compact or National Fingerprint File programs? [x] Yes. [ ] No. b. Describe how the State/Territory responds to interstate criminal history, Sex Offender Registry, and Child Abuse and Neglect Registry background check requests from another state. Individuals making inquiry for obtaining a background check from the state of West Virginia receive an explanation on the process, specific questions answered, and background check guide sent to the inquirer via email. Each background check required is explained as it relates to the inquiry. The guide contains information for each background check required, and includes all provider types, direct links, forms, and resources. c. Does your State/Territory have a law or policy that prevents a response to CCDF interstate background check requests from other States/Territories/Tribes? [ ] Yes. If yes, describe the current policy. [x] No. 5.7.15 Consumer education website links to interstate background check processes Lead Agencies must include on their consumer education website and the website of local Lead Agencies if the CCDF program is county-run, the policies and procedures related to comprehensive background checks. This includes the process by which a child care provider or other State or Territory may submit a background check request. a. Provide the direct URL/website link that contains instructions on how child care providers and other States and Territories should initiate background check requests for prospective and current child care staff members: https://dhhr.wv.gov/bfa/ece/Provider%20Information/Pages/Provider-Background- Check-Information-.aspx Check to certify that the required elements are included on the Lead Agency’s consumer and provider education website for each interstate background check component. b. Interstate criminal background check: i. [x] Agency name ii. [x] Address iii. [x] Phone number iv. [x] Email v. [x] Website vi. [x] Instructions vii. [x] Forms viii. [x] Fees ix. [x] Is the State a National Fingerprint File (NFF) State? x. [x] Is the State a National Crime Prevention and Privacy Compact State? xi. If not all boxes above are checked, describe: Not applicable. c. Interstate sex offender registry (SOR) check: i. [x] Agency name ii. [x] Address iii. [x] Phone number iv. [x] Email v. [x] Website vi. [x] Instructions vii. [x] Forms viii. [x] Fees ix. If not all boxes above are checked, describe: Not applicable. d. Interstate child abuse and neglect (CAN) registry check: i. [x] Agency name ii. [x] Is the CAN check conducted through a county administered registry or centralized registry? iii. [x] Address iv. [x] Phone number v. [x] Email vi. [x] Website vii. [x] Instructions viii. [x] Forms ix. [x] Fees x. If not all boxes above are checked, describe: Not applicable. 5.7.16 Background check fees The Lead Agency must ensure that fees charged for completing the background checks do not exceed the actual cost of processing and administration. Does the Lead Agency certify that background check fees do not exceed the actual cost of processing and administering the background checks? [ ] Yes. [x] No. If no, describe what is currently in place and what elements still need to be implemented: Fees are established and determined by WV CARES for criminal fingerprint background checks. According to the provisions of the West Virginia Clearance for Access: Registry and Employment Screening Act (WV CARES), W. Va. Code §16-49-1 et seq., 69CSR10, WV CARES is the vendor of use for criminal fingerprint background checks. 5.7.17 Renewal of the comprehensive background check Does the Lead Agency conduct the background check at least every 5 years for all components? [ ] Yes. [x] No. If no, what is the frequency for renewing each component? Preliminary notice dated 12/13/21. Regulations were added/revised at the 2023 sunset, approved at the legislative session, and became effective 4/1/2023 requiring the completion of comprehensive background checks every five years. 78CSR1 Child Care Centers 8.4.c.4. A center shall update the documentation of a completed background check in each staff member’s file at the expiration of rap back enrollment. 8.4.c.7. A check of the sex offender registry or repository shall be completed in another state where the staff member or volunteer has resided in the past five years. For a staff member or volunteer works in the state of West Virginia and resides in another state, a check of the sex offender registry or repository shall be completed in the state they reside. 8.4.d. A search shall be done of the state-based child and adult abuse and neglect registries and protective services databases in each state where the staff member or volunteer resided during the preceding five years. The same search shall be done in the state where the staff member or volunteer currently resides and shall be repeated every five years. 78CSR21 Out of School Time Centers 7.4.b.5. A search shall be done of the state-based child and adult abuse and neglect registries and protective services databases in each state where the staff member or volunteer resided during the preceding five years. For a staff member or volunteer who works in the state of West Virginia and resides in another state, a search shall be done in the state where the staff member or volunteer currently resides and shall be repeated every five years. 7.4.f. A center shall update the documentation of a completed background check in each staff member’s file at the expiration of Record of Arrest and Prosecution Background (RAP Back) enrollment. 78CSR18 Family Child Care Facilities 16.1.a.4. The caregiver shall update the documentation of a completed background check in the caregiver and each adult household member’s file at the expiration of rap back enrollment. 16.1.c. A search shall be done of the state-based child and adult abuse and neglect registries and protective services databases in each state where the caregiver and each adult household member resided during the preceding five years. The same search shall be done in the state where the caregiver and each adult household member currently resides and shall be repeated every five years. 78CSR19 Family Child Care Homes 6.4.a.4. The caregiver shall update the documentation of a completed background check in the caregiver’s and each adult household member’s file at the expiration of rap back enrollment. 6.4.c. A search shall be done of the state-based child and adult abuse and neglect registries and protective services databases in each state where the caregiver and each adult household member resided during the preceding five years. The same search shall be done in the state where the caregiver and each adult household member currently resides and shall be repeated every five years. 78CSR20 Family Child Care Informal/Relative Homes 6.4.a.4. The caregiver shall update the documentation of a completed background check in the caregiver’s and each adult household member’s file at the expiration of rap back enrollment. 6.4.c. A search shall be done of the state-based child and adult abuse and neglect registries and protective services databases in each state where the caregiver and each adult household member resided during the preceding five years. The same search shall be done in the state where the caregiver and each adult household member currently resides, and shall be repeated every five years.