Submission of requests for background checks
(1) In general
(1)In general#
A child care provider covered by subsection (c) shall submit a request, to the appropriate State agency designated by a State, for a criminal background check described in subsection (b), for each child care staff member (including prospective child care staff members) of the provider.
(2)Staff members#
Subject to paragraph (4), in the case of an individual who became a child care staff member before November 19, 2014 , the provider shall submit such a request—
(A) prior to the last day described in subsection (j)(1); and
(B) not less often than once during each 5-year period following the first submission date under this paragraph for that staff member.
(2)(A)#
prior to the last day described in subsection (j)(1); and
(2)(B)#
not less often than once during each 5-year period following the first submission date under this paragraph for that staff member.
(3)Prospective staff members#
Subject to paragraph (4), in the case of an individual who is a prospective child care staff member on or after November 19, 2014 , the provider shall submit such a request—
(A) prior to the date the individual becomes a child care staff member of the provider; and
(B) not less than once during each 5-year period following the first submission date under this paragraph for that staff member.
(3)(A)#
prior to the date the individual becomes a child care staff member of the provider; and
(3)(B)#
not less than once during each 5-year period following the first submission date under this paragraph for that staff member.
(4)Background check for another child care provider#
A child care provider shall not be required to submit a request under paragraph (2) or (3) for a child care staff member if—
(A) the staff member received a background check described in subsection (b)— (i) within 5 years before the latest date on which such a submission may be made; and (ii) while employed by or seeking employment by another child care provider within the State;
(B) the State provided to the first provider a qualifying background check result, consistent with this subchapter, for the staff member; and
(C) the staff member is employed by a child care provider within the State, or has been separated from employment from a child care provider within the State for a period of not more than 180 consecutive days.
(4)(A)#
the staff member received a background check described in subsection (b)—
(i) within 5 years before the latest date on which such a submission may be made; and
(ii) while employed by or seeking employment by another child care provider within the State;
(4)(A)(i)#
within 5 years before the latest date on which such a submission may be made; and