Background Checks of Child Care Workers
By Jedidiah McKeehan
If you are a new parent, or maybe even an experienced parent, and you have concerns about whether your children are safe with the workers in their daycare, you may want to review Tennessee Code Annotated section 37-5-511. This law specifically details the kind of background checks required to be performed on all child care workers.
The law makes sure only qualified and trustworthy individuals may work with children by mandating criminal background checks, fingerprinting, and other screenings.
Applicants must undergo a thorough vetting process, including fingerprint-based checks through state and federal databases, to identify any past offenses that could disqualify them. Certain crimes, such as child abuse, sexual offenses, violent crimes, and drug-related felonies, automatically bar individuals from employment in childcare settings.
Employers are responsible for verifying that all staff members have cleared these checks before they begin work, and failure to comply can result in fines or revocation of a facility’s license.
The law has improved childcare safety by preventing individuals with disqualifying histories from working with children. However, some child care providers have complained about delays in processing background checks, which can slow down hiring and contribute to staffing shortages. This is definitely a challenge for small child care facilities that simply do not have the manpower or resources to wait for these processes to run their course when an employee unexpectedly quits, and they are scrambling not to lose clients.
The idea behind the law is one that everyone can get behind, allowing us to do everything we can to make sure our children are safe. There is never any opposition to that goal. However, while the law strengthens safety measures, trying to practically make it work can be a challenge and we can all agree that the wheels of the governmental administrative process never turn quickly enough.
Jedidiah McKeehan is an attorney practicing in Knox County and surrounding counties. He works in many areas, including family law, criminal, and personal injury. Visit attorney-knoxville.com for more information about this legal issue and other legal issues.
