Bill Sponsors
Acosta, DiMario, DiPalma, Mack, Lawson, Felag, Quezada, Zurier, Valverde, and McKenney
Committee
Senate Labor & Gaming
Summary
Select
This legislation amends the requirements for criminal records checks for individuals seeking employment or volunteering in childcare, foster care, and youth-serving organizations. It expands the list of agencies authorized to conduct these checks to include the Department of Children, Youth and Families (DCYF). Most notably, the bill mandates that beginning July 1, 2026, new applicants for these positions will be exempt from paying for their required nationwide criminal records checks. These checks must be conducted at no charge to the new applicant.
Sponsor
Analysis
Pros for Progressives
- Eliminates financial barriers for low-income individuals seeking employment in the childcare and youth services sector, promoting economic equity.
- Strengthens the social safety net by potentially expanding the workforce available for childcare, foster care, and youth programs through reduced entry costs.
- Treats the safety of children as a public responsibility by shifting the cost of verification from the individual worker to the system.
Cons for Progressives
- Delays the financial relief for workers until July 2026, rather than providing immediate assistance to those currently seeking employment.
- Does not explicitly allocate funding to cover the costs of these checks, which could strain the budgets of public agencies providing the service.
- Continues to rely heavily on policing and criminal justice systems for employment eligibility, which can disproportionately impact marginalized communities.
Pros for Conservatives
- Reduces the regulatory cost burden on individuals entering the workforce, encouraging employment and self-sufficiency.
- Maintains strict law and order requirements by ensuring all youth workers undergo comprehensive nationwide criminal background checks.
- Supports private childcare businesses by lowering the barrier to entry for potential employees, helping them fill staffing shortages.
Cons for Conservatives
- Socializes the cost of employment screening, shifting the financial burden from the individual beneficiary to the taxpayer.
- Expands the administrative scope and bureaucracy of the Department of Children, Youth and Families (DCYF) and state agencies.
- Lacks specific funding mechanisms, potentially leading to future tax increases or budget deficits to cover the "no charge" mandate.
Constitutional Concerns
None Likely
Impact Overview
Groups Affected
- Childcare workers
- Daycare center operators
- Foster parents
- Department of Children Youth and Families (DCYF)
- Police departments
Towns Affected
All
Cost to Taxpayers
Amount unknown
Revenue Generated
None
BillBuddy Impact Ratings
Importance
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Freedom Impact
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Public Services
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Regulatory
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Clarity of Bill Language
How clear the language of the bill is. Higher ambiguity equals a lower score.
Enforcement Provisions
Measures enforcement provisions and penalties for non-compliance (if applicable).
Environmental Impact
Impact the bill will have on the environment, positive or negative.
Privacy Impact
Impact the bill is likely to have on the privacy of individuals.
Bill Status
Current Status
Held
Comm Passed
Floor Passed
Law
History
• 01/16/2026 Introduced, referred to Senate Labor and Gaming
Bill Text
SECTION 1. Section 40-13.2-5 of the General Laws in Chapter 40-13.2 entitled "Certification of Childcare and Youth-Serving Workers and Operators" is hereby amended to read as follows:
40-13.2-5. Criminal records check — Employees of child day care, daycare centers, family daycare homes, group family daycare homes, child-placing agencies and residential childcare facilities that must be licensed by the department.
(a) Any person seeking employment in a “child day care” program, a “family daycare home,” “group family daycare home,” or in a “child daycare center” as defined in § 42-12.5-2, if that employment involves supervisory or disciplinary power over a child or children or involves routine contact with a child or children without the presence of other employees, or any adult household member of any operator of a “family daycare home” and “group family daycare home,” or seeking that employment or to volunteer at the training school for youth, shall, after acceptance by the employer of the affidavit required by § 40-13.2-3, apply to the bureau of criminal identification of the state police or the local police department, or the office of the attorney general, or the department of children, youth and families, for a nationwide criminal records check. The check will conform to applicable federal standards including the taking of fingerprints to identify the applicant. Further, any person seeking employment in a “child day care” program, in a “child daycare center,” and/or in a “child daycare provider” as defined in § 42-12.5-2, if that employment involves supervisory or disciplinary power over a child or children or involves routine contact with a child or children without the presence of other employees shall apply to the bureau of criminal identification of the state police or the local police department or the office of the attorney general to conduct all necessary criminal background checks as required by the Child Care and Development Block Grant of 2014 (CCDBGA), Pub. L. No. 113-186. The criminal record checks as required by this section shall be conducted for every five (5) years of continuous childcare employment from the date of the previous criminal background check.
(b) Any person seeking employment in a “child-placing agency” as defined in § 42-72.1- 2, if that employment involves supervisory or disciplinary power over a child or children or involves routine contact with a child or children without the presence of other employees, shall, after acceptance by the employer of the affidavit required by § 40-13.2-3, apply to the bureau of criminal identification of the state police or the local police department, or the office of the attorney general or the department of children, youth and families, for a nationwide criminal records check. The check will conform to applicable federal standards including the taking of fingerprints to identify the applicant.
(c) Any person seeking employment in a “childcaring agency,” “children’s behavioral health program,” or in a “foster and adoptive home” as defined in § 42-72.1-2, that is, or is required to be, licensed or registered with the department of children, youth and families, shall, after acceptance by the employer of the affidavit required by § 40-13.2-3, apply to the bureau of criminal identification of the state police or the local police department, or the office of the attorney general, or the department of children, youth and families, for a nationwide criminal records check. The check will conform to applicable federal standards including the taking of fingerprints to identify the applicant.
(d) [Deleted by P.L. 2019, ch. 88, art. 3, § 8.] (e) Upon the discovery of any disqualifying information as defined in accordance with the rule promulgated by the director, the bureau of criminal identification of the state police or the local police department or the office of the attorney general or the department of children, youth and families will inform the applicant, in writing, of the nature of the disqualifying information. In addition, the bureau of criminal identification of the state police or the office of the attorney general, or department of children, youth and families, or the local police department will inform the relevant employer, in writing, without disclosing the nature of the disqualifying information, that an item of disqualifying information has been discovered.
(f) In those situations in which no disqualifying information has been found, the bureau of criminal identification of the state police or the local police department or the office of the attorney LC003827 - Page 2 of 4 general, or the department of children, youth and families will inform both the applicant and the employer, in writing, that no disqualifying information has been found.
(g) Failure to show proof that the employer has initiated requests for background checks required by this section will be prima facie grounds to revoke the license or registration of the operator of the facility.
(h) It will be the responsibility of the bureau of criminal identification of the state police or the office of the attorney general, orthe every local police department, or the department of children, youth and families, to conduct the comprehensive nationwide criminal records check pursuant to this section. The comprehensive nationwide criminal records check will be provided to the applicant for employment. Any expense associated for providing the criminal records check to an existing employee shall be paid by the applicant and/or the requesting agency. Effective July 1, 2026, any new applicant, which shall include any person who has submitted an application for employment to any agency or entity regulated by this section, shall be exempt from the payment provisions of this section and the nationwide criminal records check shall be conducted at no charge.
SECTION 2. This act shall take effect upon passage.
40-13.2-5. Criminal records check — Employees of child day care, daycare centers, family daycare homes, group family daycare homes, child-placing agencies and residential childcare facilities that must be licensed by the department.
(a) Any person seeking employment in a “child day care” program, a “family daycare home,” “group family daycare home,” or in a “child daycare center” as defined in § 42-12.5-2, if that employment involves supervisory or disciplinary power over a child or children or involves routine contact with a child or children without the presence of other employees, or any adult household member of any operator of a “family daycare home” and “group family daycare home,” or seeking that employment or to volunteer at the training school for youth, shall, after acceptance by the employer of the affidavit required by § 40-13.2-3, apply to the bureau of criminal identification of the state police or the local police department, or the office of the attorney general, or the department of children, youth and families, for a nationwide criminal records check. The check will conform to applicable federal standards including the taking of fingerprints to identify the applicant. Further, any person seeking employment in a “child day care” program, in a “child daycare center,” and/or in a “child daycare provider” as defined in § 42-12.5-2, if that employment involves supervisory or disciplinary power over a child or children or involves routine contact with a child or children without the presence of other employees shall apply to the bureau of criminal identification of the state police or the local police department or the office of the attorney general to conduct all necessary criminal background checks as required by the Child Care and Development Block Grant of 2014 (CCDBGA), Pub. L. No. 113-186. The criminal record checks as required by this section shall be conducted for every five (5) years of continuous childcare employment from the date of the previous criminal background check.
(b) Any person seeking employment in a “child-placing agency” as defined in § 42-72.1- 2, if that employment involves supervisory or disciplinary power over a child or children or involves routine contact with a child or children without the presence of other employees, shall, after acceptance by the employer of the affidavit required by § 40-13.2-3, apply to the bureau of criminal identification of the state police or the local police department, or the office of the attorney general or the department of children, youth and families, for a nationwide criminal records check. The check will conform to applicable federal standards including the taking of fingerprints to identify the applicant.
(c) Any person seeking employment in a “childcaring agency,” “children’s behavioral health program,” or in a “foster and adoptive home” as defined in § 42-72.1-2, that is, or is required to be, licensed or registered with the department of children, youth and families, shall, after acceptance by the employer of the affidavit required by § 40-13.2-3, apply to the bureau of criminal identification of the state police or the local police department, or the office of the attorney general, or the department of children, youth and families, for a nationwide criminal records check. The check will conform to applicable federal standards including the taking of fingerprints to identify the applicant.
(d) [Deleted by P.L. 2019, ch. 88, art. 3, § 8.] (e) Upon the discovery of any disqualifying information as defined in accordance with the rule promulgated by the director, the bureau of criminal identification of the state police or the local police department or the office of the attorney general or the department of children, youth and families will inform the applicant, in writing, of the nature of the disqualifying information. In addition, the bureau of criminal identification of the state police or the office of the attorney general, or department of children, youth and families, or the local police department will inform the relevant employer, in writing, without disclosing the nature of the disqualifying information, that an item of disqualifying information has been discovered.
(f) In those situations in which no disqualifying information has been found, the bureau of criminal identification of the state police or the local police department or the office of the attorney LC003827 - Page 2 of 4 general, or the department of children, youth and families will inform both the applicant and the employer, in writing, that no disqualifying information has been found.
(g) Failure to show proof that the employer has initiated requests for background checks required by this section will be prima facie grounds to revoke the license or registration of the operator of the facility.
(h) It will be the responsibility of the bureau of criminal identification of the state police or the office of the attorney general, or
SECTION 2. This act shall take effect upon passage.