An Act To Amend Title 16 Of The Delaware Code Relating To The Background Check Center.
Summary
SB67 amends Delaware’s Background Check Center provisions in Title 16 to standardize and tighten the rules for criminal history screening in long-term care facilities and home-care/private residence employment. The bill defines who is considered an “applicant” for purposes of background checks, including job seekers, certain current employees, self-employed workers, agency workers, and former employees who consent to periodic review. It also requires employers to obtain a criminal history before hiring, and it allows a criminal history report obtained through the BCC screening process to remain valid for any prospective employer for one year from the date of the applicant’s last fingerprinting.
The bill also revises the Department of Health and Social Services’ rulemaking authority by directing it to set criteria for unsuitability, review procedures, notice requirements, and administrative appeal processes, while removing the Department’s discretion over how frequently fingerprints must be obtained. In addition, it repeals the prior requirement that current employees seeking promotion undergo a new background check, and it makes the one-year validity period applicable to both long-term care facility applicants and home-care agency applicants.
Impact
SB67 changes Title 16’s criminal background check framework for long-term care facilities and private-residence/home-care employment by codifying a one-year validity period for BCC criminal history reports and by limiting when repeat checks are required. It affects employers, applicants, current employees, self-employed caregivers, and the Department of Health and Social Services, and it narrows administrative flexibility by replacing agency discretion on fingerprint frequency with statutory rules. The bill also updates the regulatory topics the Department must address, including suitability criteria, record review, notification, and appeals.
Sentiment
The available voting history shows strong, unanimous support: the Senate passed the bill 20-0 and the House passed it 35-0. No committee transcripts were provided, but the substitute bill’s changes suggest a broadly accepted effort to simplify and clarify background-check requirements while maintaining screening protections for vulnerable-care settings. Overall, the sentiment appears favorable and noncontroversial.
Contention
The main policy changes that could have generated debate are the length of time a background check remains valid, the elimination of repeat checks for promotions, and the reduction of Department discretion over fingerprinting frequency. The substitute bill moved from a three-year validity period to one year, indicating a more cautious approach to reusing criminal history reports. Any concern would likely come from balancing administrative efficiency for employers and applicants against public-safety screening in long-term care and home-care settings, but the recorded votes show no visible opposition.
Recognizing The Second Annual Delaware Together Day And Reaffirming This Statewide Observance That Promotes Unity, Inclusion, And Community Collaboration.