CHILD Act of 2026

This bill restores the authority for businesses and organizations that provide care or care placement services for children, the elderly, or individuals with disabilities (care-providing businesses and organizations) to request national criminal history background checks for contractors and for individuals they certify or license. Federal law authorizes care-providing businesses and organizations to request national criminal history background checks for certain covered individuals. From 1994 to 2018, covered individuals included three categories of individuals: (1) current or prospective employees or volunteers; (2) current or prospective owners or operators; and (3) anyone who had, may have had, or sought to have access to children, the elderly, or individuals with disabilities (e.g., contractors and licensees). In 2018, the Child Protection Improvements Act removed the third category, narrowing the scope of covered individuals to just two categories: (1) current or prospective employees or volunteers, and (2) current or prospective owners or operators. Under the law, an individual in one of the categories who has, may have, or seeks to have access to children, the elderly, or individuals with disabilities is a covered individual. This bill expands covered individuals to include additional categories: (1) current or prospective contractors, (2) current or prospective employees or volunteers for a contracted entity, and (3) individuals licensed or certified by a business or organization. Like the 2018 law, an individual in one of the categories who has, may have, or seeks to have access to children, the elderly, or individuals with disabilities is a covered individual.