Update Applicable to:	Effective Date
All Covered Entities	Effective Date: July 1, 2026   Compliance Deadline: September 1, 2026

What happened?

On September 2, 2025, Delaware Governor John Carney signed House Substitute 1 for House Bill 47 (HS 1 for HB 47), strengthening background check requirements for child-serving entities and private schools.

Overview:

The law introduces mandatory fingerprint-based checks and continuous monitoring to enhance child safety.

Impact on Employers

• Compliance: Private schools and youth camps must implement systems for fingerprinting, coordination with state agencies, and confidentiality.

• Operational Changes: Hiring timelines may increase; employers must monitor ongoing criminal history notifications.

• Costs: Most costs fall on applicants, though employers may cover them to remain competitive.

Additional Information:

HS 1 for HB 47 Summary:

Section 1 – Amendments to § 309 (Title 31)

• Expanded Definitions: Child-serving entities now include public and private schools, licensed child-care providers, and youth camps or summer schools.

• Mandatory Background Checks: All child-serving entities must conduct fingerprint-based state and federal criminal background checks and Child Protection Registry checks for employees, volunteers, and contractors with direct child access.

• Repealed Exemptions: Private schools and youth camps can no longer use name-based checks or opt out with parental consent.

• Cost Allocation: Applicants generally pay for checks; the State may cover costs for certain roles.

• Regulatory Authority: State Police may issue rules on re-use of background checks.

• Continuous Monitoring: SBI and DELJIS must provide updates on subsequent criminal history, including through the Rap Back System.

Section 2 – New § 309A: Private Schools

• Mandatory Checks: All employees, contractors, and volunteers in private schools must undergo fingerprint-based Delaware and FBI checks plus a Child Protection Registry check.

• Process and Confidentiality: SBI and DSCYF manage checks; results are confidential and shared only with the head of school or designee.

Section 3 – Effective Date

• Effective: July 1, 2026.
• Compliance Deadline: September 1, 2026.

Source References

• Delaware HS 1 for HB 47 – An Act To Amend Title 31 Of The Delaware Code Relating To Background Checks
• Delaware HB 47 – An Act To Amend Title 31 Of The Delaware Code Relating To Background Checks

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