A new Pennsylvania law requires child-care facilities to obtain FBI background checks and eligibility determinations for all staff and residents—with costs and compliance deadlines owners should under
Most Pennsylvania child-care owners don't realize that HB2766, signed into law, contains a provision that will fundamentally change how they handle background screening. Starting 18 months after enactment, every child-care center, group child-care home, and family child-care home must obtain a consolidated FBI fingerprint eligibility determination for every employee, contracted staff member, operator, self-employed provider, and resident age 18 and older before they begin work or residence.
Under Section 12 of HB2766 (specifically §6344.1a(b), found on pages 55–56 of the bill), your facility will be required to:
Submit fingerprints and pay fees. Each person covered by the rule must submit fingerprints and associated fees for a new consolidated FBI background check and departmental eligibility determination. This is a separate process from existing state checks and will involve additional costs per person.
Obtain written determinations before work begins. You cannot allow anyone to start employment, contracting, or residence until you have received and reviewed the FBI eligibility determination results.
Maintain records. You must keep the determination results on file. Failure to do so is a misdemeanor offense.
This applies broadly: owners and operators, full-time and part-time employees, contractors (including consultants and service providers who have contact with children), volunteers, and any resident of the facility who is 18 or older. If your facility has turnover, seasonal staff, or regular contracted services, the scope is significant.
The provision takes effect 18 months after HB2766 becomes law. This window is your planning period. You should:
Contact your state licensing agency and your trade association for guidance on the specific procedures, approved fingerprinting vendors, and fee structures as they are finalized. The law is clear on the requirement, but implementation details will matter for your operations.
If you currently use a background screening vendor, confirm whether they can provide consolidated FBI determinations or whether you'll need to engage a new service. Budget conservatively—you'll need determinations for existing staff as well as new hires once the deadline arrives.
This is a compliance mandate, not optional. Misdemeanor penalties apply to facilities that fail to obtain or maintain the required determinations.
For a detailed summary of HB2766's child-care provisions, contact your state child-care licensing office or Pennsylvania child-care trade association.