Background Check Process

Federal law states that anyone working in a child care program as an employee or volunteer, anyone who cares for or supervises children, or anyone with unsupervised access to children is required to undergo a criminal background check.

All background checks must include a search of:

• National Crime Information Center (run by the Federal Bureau of Investigation [FBI]);
• FBI fingerprint check (using Next Generation Identification);
• National Sex Offender Registry;
• State criminal and sex offender registries in every state the applicant has lived in over the past five years;
• State child abuse and neglect registries in every state the applicant has lived in over the past five years; and
• Child Protection Register (run by the DC Child and Family Services Agency [CFSA]).

How Are Background Checks Conducted?

The early learning provider must submit a fingerprint to be background checked. The fingerprint allows the above registries to be checked.

The background check results are sent to the DC Department of Human Resources (DCHR) for review, except the Child Protection Register results. These results are sent directly to the Office of the State Superintendent of Education (OSSE).

For Providers: How to Schedule a Background Check Background checks begin with a fingerprinting appointment. To make an appointment, use one of these guides: Child Development Center Employee Scheduling Guide [PDF] Child Development Home Provider/Employee Guide [PDF] Active criminal record clearances may be transferred from one licensed child development program to another. Licensed programs or programs applying for a license may contact OSSE to verify a person’s status.

If the background check shows no criminal history: OSSE notifies the applicant that they have cleared the background check. This is called a criminal record clearance. The clearance is active for three years.

If the background check shows a criminal history: DCHR staff reviews the background check and decides whether the applicant may work in an early learning program. They may contact the applicant for additional information in order to make this decision.

Once the decision has been made, OSSE notifies the applicant and the early learning program.

If the application is accepted, the clearance is active for three years.

If the application is denied, the applicant will receive information on how to request a waiver or an appeal.

View process [PDF]

Why Do Applicants Fail the Background Check?

An applicant could fail a background check for one or more of the following reasons:

• He or she refuses a background check or lies during the background check
• He or she is registered or required to be registered on a state sex offender registry or the National Sex Offender Registry
• He or she is registered or required to be registered on a state child protection registry
• He or she has been convicted of one or more of the following criminal offenses:
  • Murder;
  • Child abuse or neglect;
  • A crime against children, including child pornography;
  • Spousal abuse;
  • Rape or sexual assault;
  • Kidnapping;
  • Arson;
  • Physical assault or battery; and/or
  • A drug-related offense (during the last five years).

If an applicant fails the background check, they are not allowed to work in an early learning program.

Can an Applicant Appeal?

An applicant may appeal the decision or request an exemption or waiver. All exemption and waiver documents must be received by OSSE within 45 days of the notification letter date. If not, the case will be closed and the original decision will remain final.

Child Protection Registry Check Process

Federal law states that anyone working in a child care program as an employee or volunteer, who cares for or supervises children or with unsupervised access to children is required to undergo a background check which includes a criminal check and a child abuse and neglect check.

The child abuse and neglect check process for employees and volunteers of child development facilities in the District is as follow:

• Employees and volunteers working in licensed child development facilities in the District of Columbia must request a child abuse and neglect check for the District of Columbia, the state where they currently reside and every state where they have resided over the past 5 years.
• In the District of Columbia, the process for child protection register (CPR) check requests is fully electronic. There is no fee required. Applications and current government-issued photo IDs, that include the applicant’s date of birth, must be submitted online by using the DC Human Resources (DCHR) CPR Form: dcgov.seamlessdocs.com/f/dchr_cpr_form.
• Click here to request a Maryland Child Protective Services Background/Adam Walsh Background Clearance Request.
• Click here to request a Virginia Child Abuse and Neglect Central Registry clearance.

Can an Applicant Appeal?

An applicant may appeal their CPR results. To appeal, the applicant must follow the appeal process for the jurisdiction in which they are listed on the registry. The applicant’s suitability determination case will be closed and the original decision will remain final unless the applicant receives a new CPR result. To request a fair hearing to appeal a CPR result in the District of Columbia, contact Tamara Rutland, Fair Hearings Coordinator, between 8:30 a.m.-5 p.m. at (202) 724-3748, (202) 213-9590 or [email protected].