The definition of eligible child care provider in the law is a center-based child care provider, FCC provider, or another provider of child care services for compensation that

• is not an individual related to all children for whom child care services are provided; and
• is licensed, regulated, or registered under state law or is eligible to receive CCDF funds.

A related individual is defined as a person 18 years of age or older who provides care to eligible children who are, by marriage, blood relationship, or court decree, the individual’s grandchildren, great-grandchildren, siblings (if the adult lives in a separate residence), nieces, or nephews.

Further, the law defines child care staff member as an individual (other than an individual who is related to all children for whom child care services are provided):

• Who is employed by a child care provider for compensation, including contract employees or self-employed individuals;
• Whose activities involve the care or supervision of children for a child care provider or unsupervised access to children who are cared for or supervised by a child care provider;
• Who is residing in a FCC home and is age 18 or older.

Pursuant to these definitions, states are required to establish background check requirements for staff members of providers that are licensed, regulated, or registered—regardless of whether they provide care for children receiving CCDF assistance.

It is important to note that the definition of child care provider in the law includes FCC providers (except those who care only for relatives). Child care staff members are anyone who is employed by a child care provider for compensation or anyone whose activities involve the care or supervision of children for a child care provider or unsupervised access to children. For FCC homes, this means that the proprietor or caregiver must request a check of herself or himself, as well as any individual residing in the home age 18 and older who may have unsupervised access to children. [2]

[1] CCDBG Act of 2014 658H(i); Child Care and Development Fund, 45 C.F.R. § 98.43(a)(2)(i–ii) (2016).

[2] Child Care and Development Fund, 45 C.F.R. § 98.43(a)(2)(ii) (2016).