Criminal Background Checks
Anyone who works at a daycare center should undergo a background check, even if that person is not directly involved in the care of children. This can include teachers, administrative staff, cafeteria workers, janitors, and maintenance staff who work in the building when children are there.
Conducting background checks before hiring people can help daycare managers protect the children in their care from harm and give parents peace of mind. It can also help daycares avoid potentially costly lawsuits. If a child is injured or abused by someone with a criminal record and the daycare did not conduct a background check during the hiring process, the center could become the subject of a negligent hiring lawsuit. The cost of a lawsuit, in terms of both money and a damaged reputation, could put the daycare center out of business. A background check should include a check of criminal databases to find out if a job applicant has a criminal record.
Daycare managers should be especially cautious about hiring anyone with a record for violent behavior, child abuse, or child neglect. The Child Care and Development Block Grant Act of requires states to conduct criminal background checks for all staff members at child care centers, even if they do not directly care for children. If you run a daycare center and want to hire new employees, you should conduct thorough background checks.
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This can keep the children in your care safe, put their parents at ease, and protect your daycare center from costly lawsuits. DataCheck has helped businesses of all kinds across the United States conduct background checks on prospective employees. Contact us today to learn more.
Applicants can now apply for positions directly from your company's website. DataCheck's Applicant Tracking System allows you to create detailed job listings with a link to apply online, directly from your website. In a negligent hiring lawsuit, someone who is harmed by your employee claims that you failed to take reasonable care in choosing your workers.
Updates for Child Care Licensing Background Checks
If, for example, a child in your care is assaulted by an employee, that child would have a strong negligent hiring claim if the employee had a criminal record of such misconduct, which you could have found had you only run a background check. Not all states allow negligent hiring claims, and the laws on criminal background checks also vary from state to state.
An experienced local employment lawyer can tell you what your state requires, what it allows, and how best to make sure you are protecting the children in your care. This law is intended to give applicants some notice when their records are checked, and the opportunity to know what information is compiled about them and how it is being used.
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If you hire an outside investigator or request records from outside agencies, you must follow three steps:. Some states have laws similar to the FCRA. An experienced attorney can tell you how to perform a criminal background check that complies with federal and state law.
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Skip to Main Content. Coming Soon: Out-of-State Criminal Record Checks NH will soon be checking criminal records for specific states for anyone who has resided in those states for during any part of the last five years.
watch Watch this space for more information. For former NH residents seeking work in other states that are required to obtain a criminal record check.