North Carolina HB 1432: Expedite Crim. Record Checks/Child Care.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2009
H 1
HOUSE BILL 1432

Short Title: Expedite Crim. Record Checks/Child Care. (Public)
Sponsors: Representatives McLawhorn; Faison, Lucas, and McElraft.
Referred to: Ways and Means/Broadband Connectivity, if favorable, Judiciary III.
April 13, 2009
*H1432-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO EXPEDITE CRIMINAL HISTORY CHECKS OF CHILD CARE PROVIDERS 2
BY ALLOWING CERTIFIED INDEPENDENT COMPANIES REGULATED BY THE 3
FEDERAL FAIR CREDIT REPORTING ACT TO PERFORM CRIMINAL HISTORY 4
CHECKS OF CHILD CARE PROVIDERS. 5
The General Assembly of North Carolina enacts: 6
SECTION 1. G.S. 110-90.2 reads as rewritten: 7
"§ 110-90.2. Mandatory child care providers' criminal history checks. 8
(a) For purposes of this section: 9
(1) "Child care", notwithstanding the definition in G.S. 110-86, means any child 10
care provided in child care facilities required to be licensed under this 11
Article and nonlicensed child care homes approved to receive or receiving 12
State or federal funds for providing child care. 13
(2) "Child care provider" means a person who: 14
a. Is employed by or seeks to be employed by a child care facility 15
providing child care as defined in subdivision (1) of this subsection 16
and has contact with the children; 17
b. Owns or operates or seeks to own or operate a child care facility or 18
nonlicensed child care home providing child care as defined in 19
subdivision (1) of this subsection; or 20
c. Is a member of the household in a family child care home or 21
nonlicensed child care home and is over 15 years old and is present 22
when children are in care. This subdivision shall apply only to new 23
family child care homes and nonlicensed homes beginning March 1, 24
1998. 25
(3) "Criminal history" means a county, state, or federal criminal history of 26
conviction or pending indictment of a crime, whether a misdemeanor or a 27
felony, that bears upon an individual's fitness to have responsibility for the 28
safety and well-being of children as set forth in G.S. 110-91(8). Such crimes 29
include the following North Carolina crimes contained in any of the 30
following Articles of Chapter 14 of the General Statutes: Article 6, 31
Homicide; Article 7A, Rape and Kindred Offenses; Article 8, Assaults; 32
Article 10, Kidnapping and Abduction; Article 13, Malicious Injury or 33
Damage by Use of Explosive or Incendiary Device or Material; Article 26, 34
Offenses Against Public Morality and Decency; Article 27, Prostitution; 35
Article 39, Protection of Minors; Article 40, Protection of the Family; and 36
Article 59, Public Intoxication. Such crimes also include possession or sale 37

General Assembly of North Carolina Session 2009
Page 2 House Bill 1432-First Edition
of drugs in violation of the North Carolina Controlled Substances Act, 1
Article 5 of Chapter 90 of the General Statutes, and alcohol-related offenses 2
such as sale to underage persons in violation of G.S. 18B-302 or driving 3
while impaired in violation of G.S. 20-138.1 through G.S. 20-138.5. In 4
addition to the North Carolina crimes listed in this subdivision, such crimes 5
also include similar crimes under federal law or under the laws of other 6
states. 7
(b) Effective January 1, 1996, the Department shall ensure that the criminal history of 8
all child care providers is checked and a determination is made of the child care provider's 9
fitness to have responsibility for the safety and well-being of children based on the criminal 10
history. The Department shall ensure that child care providers who have lived in North 11
Carolina continuously for the previous five years are checked for county and State criminal 12
histories. The Department shall ensure that all other child care providers are checked for 13
county, State, and national criminal histories. The Department may prohibit a child care 14
provider from providing child care if the Department determines that the child care provider is 15
unfit to have responsibility for the safety and well-being of children based on the criminal 16
history, in accordance with G.S. 110-91(8). 17
(c) The Department of Justice or a certified independent company regulated by the 18
federal Fair Credit Reporting Act, 15 U.S.C. § 1681, et. seq., shall provide to the Division of 19
Child Development, Department of Health and Human Services, the criminal history from the 20
State and National Repositories of Criminal Histories of any child care provider as requested by 21
the Division. 22
The Division shall provide to the Department of Justice,Justice or the certified independent 23
company regulated by the federal Fair Credit Reporting Act, along with the request, the 24
fingerprints of the provider to be checked, any additional information required by the 25
Department of Justice,Justice or certified independent company, and a form consenting to the 26
check of the criminal record and to the use of fingerprints and other identifying information 27
required by the rep