Prohibitions
(1) Child care staff members
(1)Child care staff members#
A child care staff member shall be ineligible for employment by a child care provider that is receiving assistance under this subchapter if such individual—
(A) refuses to consent to the criminal background check described in subsection (b);
(B) knowingly makes a materially false statement in connection with such 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 established under the Adam Walsh Child Protection and Safety Act of 2006 ( 42 U.S.C. 16901 et seq.); 1 or
(D) has been convicted of a felony consisting of— (i) murder, as described in section 1111 of title 18 ; (ii) child abuse or neglect; (iii) a crime against children, including child pornography; (iv) spousal abuse; (v) a crime involving rape or sexual assault; (vi) kidnapping; (vii) arson; (viii) physical assault or battery; or (ix) subject to subsection (e)(4), a drug-related offense committed during the preceding 5 years; or
(E) has been convicted of a violent misdemeanor committed as an adult against a child, including the following crimes: child abuse, child endangerment, sexual assault, or of a misdemeanor involving child pornography.
(1)(A)#
refuses to consent to the criminal background check described in subsection (b);
(1)(B)#
knowingly makes a materially false statement in connection with such criminal background check;
(2)Child care providers#
A child care provider described in subsection (i)(1) shall be ineligible for assistance provided in accordance with this subchapter if the provider employs a staff member who is ineligible for employment under paragraph (1).