Child Development Division Fingerprint Supported Background Checks

06 October 2016

Below please find information on the newly adopted Child Care regulations with respect to background checks. They are the same for Family Child Care Homes (FCCH) and Center Based Child Care and Preschool Programs (CBCCPP). Please note these parallel or are more rigorous than 16 V.S.A. Section 255 requirements. Please note additional regulations further clarify expectations on programs and can be found at http://dcf.vermont.gov/cdd/laws-regs

7.2.4 The licensee shall ensure that no person shall be left alone with children without approval from the Division which shall be based on the results of the background check to include fingerprinting.

7.2.5 The Division shall complete and process all background check clearances as expeditiously as possible, but not to exceed forty-five (45) days from the day Vermont Crime Information Center receives all documentation.

7.2.6 Based on the results of background checks described in this section the following persons are prohibited and shall not operate, be employed at, or be allowed unsupervised access to children at the CBCCPP:

  • A person who is required to complete a background check who refuses or knowingly makes a material false statement in connection with such background check;
  • A person convicted of fraud;
  • A person convicted of a felony consisting of:
    • Murder,
    • Child abuse or neglect,
    • A crime against children, including sexual activity or child pornography,
    • Spousal abuse,
    • A crime involving rape or sexual assault,
    • Kidnapping,
    • Arson,
    • Physical assault or battery, or
    • A drug related offense committed during the proceeding five (5) years;
  • A person convicted of a misdemeanor offense against a child or another person consisting of:
    • Violence,
    • Child abuse or neglect,
    • Child endangerment,
    • Sexual assault or activity,
    • Child pornography; or
    • Other bodily injury;
  • A person found by a court to have abused, neglected or mistreated a child, elderly or disabled person, or animal; or
  • An adult or child who has had a report of abuse or neglect substantiated against them under Chapters 49 and 69 of Title 33 Vermont Statutes Annotated or
  • A person 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.

7.2.7 The Department may determine a person as prohibited when there is information known that indicates his/her action or behavior may present children enrolled with risk of harm.

7.2.8 Exclusion of Persons Prohibited

7.2.8.1 The Division shall provide the result of the background check to the licensee that indicates whether the individual, for whom the background check was completed, shall be prohibited as required in the rule 7.2.6 or rule 7.2.7 of these regulations without revealing the basis for the decision as required in the rule 7.2.8.3 of these regulations and shall identify whether a prohibited person is eligible to request a variance.

7.2.8.2 When the Division has determined an individual to be prohibited as required in the rule 7.2.6 or rule 7.2.7 of these regulations, the Division shall provide the individual, for whom the background check was completed, the result of the background check; the basis for the decision; the process by which the individual may challenge the accuracy or completeness of the information contained in the basis for the decision; and whether the prohibition is eligible for a variance request.

7.2.8.3 The Division shall not share any information related to a background check with anyone other than as required in the rule 7.2.8.1 or rule 7.2.8.2 of these regulations.

7.2.8.4 Effective upon receipt of the determination, the licensee shall exclude persons whose background check has determined them as prohibited. This includes but is not limited to employment at the CBCCPP, from serving as the designated representative for the licensee, or from being regularly present at the CBCCPP.

Tips for Partner Staff on CDD Licensing Background Clearances - this factsheet gives tips to partner staff, early interventionists, mental health and other consultants who spend time in child care programs.