Joseph R. Beau Biden III Child Protection Act – August 25, 2015

On August 11th Delaware Governor Jack Markell signed the Joseph R. Beau Biden III Child Protection Act. The new law strengthens background check requirements for employees, contractors and volunteers of child serving entities. The new law requires fingerprint background checks through the State Bureau of Identification and the FBI. It also requires employers to obtain a Child Protection Registry Check. A child serving entity is defined as any of the following:

  1. The Department of Services for Children, Youth and Their Families (DSCYF); which includes any employee or volunteer of DSCYF or one of its contractors who have regular direct access to children and/or adolescents under the age of 18, but who do not provide child care services at a facility as referred to in subsection (4)(b) of this section;
  2. Residential child care facilities in Delaware which are under contract with or operated directly by DSCYF;
  3. Public and private schools, including employees of the Department of Education;
  4. Child Care providers as defined in Title 31, Section 342(1); or
  5. Youth camps or summer schools that are exempt from child care licensing requirements;
  6. Facilities and individuals registered and eligible for Federal Child Care Development Block Grant funds through the Delaware Department of Health and Social Services

The law allows private schools and youth camps to perform a name based Delaware Criminal background check for employees, volunteers and contractors through the Delaware Justice Information System and an out of state criminal record check using private, third party providers, providing that the out of state criminal record check includes a social security trace search and county-based criminal record search in the counties where the individual has resided within the past 10 years.

The new law takes effect in 240 days. The full text of the legislation can be found here

http://legis.delaware.gov/LIS/lis148.nsf/EngrossmentsforLookup/SB+144/$file/Engross.html?open