This bill expands background check requirements under the National Child Protection Act to cover contractors and licensed/certified individuals working with vulnerable populations.
Russell Fry
Representative
SC-7
This bill amends the National Child Protection Act of 1993 to expand background check requirements for individuals working with vulnerable populations. It specifically mandates checks for contractors and licensed or certified individuals working with organizations that contract with qualified entities. This broadens the scope beyond direct employees to include a wider range of personnel interacting with vulnerable groups.
This legislation amends the National Child Protection Act of 1993, significantly broadening the scope of who must undergo mandatory background checks when working with vulnerable populations—think children, the elderly, or people with disabilities. Previously, the law mainly focused on direct employees of qualified organizations. Now, the definition of a "covered individual" expands to include contractors, volunteers, and even prospective personnel working for or with organizations that hold a contract with a "qualified entity" (like a state agency or a major service provider).
For years, one of the gaps in protection has been the use of contractors. An organization might hire an outside company for transportation, maintenance, or specialized services, and those outside workers often interacted with vulnerable people without the same level of scrutiny as direct employees. This bill aims to close that loophole. If you run a small business that contracts with a qualified entity—say, you provide cleaning services to a local youth center—you now need to ensure all your employees who step foot on that property are vetted, even if they aren't directly employed by the center. This is a massive win for safety, but it also means increased administrative work and potential delays for small contractors who now have to manage the vetting process for their teams.
Another major change is the inclusion of individuals seeking licensure or certification from these qualified entities. If you are pursuing a professional license—perhaps as a social worker, a specialized therapist, or a childcare provider—through a body covered by this act, you will now be subject to the required background check. This standardization ensures that professional credentials tied to caregiving roles are backed by a clean record, regardless of whether the individual is an employee, a contractor, or self-employed. It raises the bar for professional accountability across the board, which is good news for the families relying on those services.
While the primary benefit is enhanced safety for vulnerable people, the practical reality is that this creates new hurdles for some groups. For individuals seeking certification or those working as contractors, mandatory background checks are now part of the cost of doing business. The bill increases the administrative load on small organizations that contract with qualified entities, as they must now manage the logistics and potential costs of vetting their entire workforce. While the bill text doesn't specify how the background checks will be administered or paid for, the expansion itself means more people will be subject to scrutiny, which could slow down hiring and certification processes. This trade-off—a slight increase in bureaucracy for a significant jump in safety—is the key challenge in rolling out this expanded protection.