Central Registry Check and
Provisional Employment of Child Care Providers
S. 311
 
The Problem
 
By state law and regulation, every Child Care center must meet certain child to staff ratios.  Prior to passage of this bill, they were also required to ensure that all new employees have passed SLED, FBI fingerprint and Central Registry Checks prior to employment – a process that often took one week to several weeks to complete.  The combination of these two very well intended and necessary rules inadvertently created a situation where, if an employee quit or was let go, most Child Care facilities were unable to avoid violating either one law or the other. 
 
 
The Solution, as passed in S. 311 (2008)
 
S. 311 addressed the situation by allowing a person to be provisionally employed under the following circumstances:
 
In cases of provisional employment, DSS is required to complete Central Registry checks within two business days of receipt of the request.  For other employment, DSS must complete the Central Registry check within five business days of the request except in rare cases where an extension of up to ten days is permitted with notification.
 
 
Penalties
 
The following penalties have been put into place to ensure compliance with the terms of provisional employment:
 
If the Director of a child care facility violates the terms of provisional employment, the following penalties apply:
 
  • For a first offense, the facility may not employ a person provisionally for twelve (12) months
  • For a second or subsequent offense, the facility may not employ a person provisionally for twenty-four (24) months.
  • The penalty shall apply to any facility that may employ the director during the period of suspension
 
 
Further:
 
  • A Child Care FacilityOwner with five (5) or more facilities that sustains violations in 25% or more of facilities owned in the state during a period of two years may not employ a person provisionally in any facility for twenty-four (24) months.
 
An appeals process is in place for cases where disputes arise.
 
 
 
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