Disqualifying Crimes

The law specifies disqualifying crimes or actions only for child care providers and staff members who are serving children receiving CCDF assistance. Disqualification criteria are as follows:

  • Refuses a background check
  • Knowingly makes a materially false statement in connection with the background check
  • Is registered, or is required to be registered, on a state sex offender registry or repository or the National Sex Offender Registry
  • Has been convicted of a felony consisting of murder, child abuse or neglect, crimes against children (including child pornography), spousal abuse, crime involving rape or sexual assault, kidnapping, arson, physical assault, or a drug-related offense committed during the preceding 5 years
  • Has been convicted of a violent misdemeanor committed as an adult against a child

The law provides flexibility for states in regard to individuals disqualified because of a felony drug offense. The state, at its option, may allow for a review process through which the state may determine an individual still eligible for employment.


[1] CCDBG Act of 2014 658H(c); Child Care and Development Fund, 45 C.F.R. § 98.43(c) (2016).