What Happens If a Daycare Hires Someone With a Criminal Record?

Daycares, schools, camps, and other childcare facilities have one primary responsibility: keep children safe.

Because of that responsibility, it is not just reasonable for them to conduct background checks — it is essential.

When a daycare hires someone with a criminal record, especially one involving violence, abuse, or misconduct, serious legal questions arise. Parents trust these facilities with their children every single day. That trust carries legal obligations.

If those obligations are ignored, the consequences can be devastating.

The Legal Duty to Protect Children

Childcare facilities operate under a heightened duty of care. Unlike many other businesses, they are responsible for supervising and protecting vulnerable individuals who cannot protect themselves.

That duty includes taking reasonable steps to ensure that each child care staff member is eligible and fit to work with children, and to disqualify those who do not meet legal standards. It is crucial to deliberately choose trustworthy, responsible, and reliable individuals for these roles.

Reasonable steps typically include:

• Conducting criminal background checks
• Verifying employment history
• Checking references
• Confirming required certifications
• Complying with state licensing requirements
• Conducting an individualized assessment of a candidate’s criminal record rather than applying a blanket disqualification policy

Failing to properly screen employees can expose children to preventable harm.

Background Checks Are Not Optional

In Florida and many other states, licensed childcare facilities are required to perform background screenings on employees. These screenings may include fingerprinting and checks against state and federal criminal databases.

The purpose of these requirements is simple: prevent individuals with dangerous histories from having access to children.

If a daycare ignores these requirements, cuts corners, or fails to properly review screening results, it may be violating both legal and regulatory obligations.

What If the Employee Has a Criminal Record?

Not every criminal record automatically disqualifies someone from employment. However, the nature of the offense matters greatly, and the law allows states to determine eligibility for employment in daycare settings based on felony drug offenses, which can impact hiring decisions.

Red flags may include prior convictions or charges involving:

• Child abuse or neglect
• Sexual offenses
• Violence
• Domestic abuse
• Drug trafficking
• Crimes involving dishonesty

A key question is whether hiring someone with a criminal record creates a risk of harm that could have been foreseen by the employer. There may be doubt as to whether legal liability would arise in every case, especially if the offense is unrelated to child safety. If a daycare hires someone with a history of violent or abusive conduct and that person later harms a child, the facility may face liability under a theory known as negligent hiring.

What Is Negligent Hiring?

Negligent hiring occurs when an employer fails to exercise reasonable care in selecting employees and hires someone who poses a foreseeable risk of harm, potentially leading to injury.

To establish negligent hiring in a childcare setting, the key questions often include:

• Did the facility conduct a proper background check?
• Would a reasonable investigation have uncovered the prior misconduct?
• Was the employee’s history relevant to the type of harm or injury that occurred?
• Did the facility ignore red flags?

Legal experts suggest seeking proper legal advice regarding hiring practices and liability, as each situation may require specific analysis.

If the risk was foreseeable and preventable, the daycare may be held legally responsible.

It’s Not Just About Hiring — It’s Also About Supervision

Even if a background check was performed, facilities must continue to monitor employee conduct. Liability may also arise under negligent supervision or negligent retention.

For example:

• Did the daycare receive complaints about the employee?
• Were there warning signs of inappropriate behavior?
• Did management investigate concerns properly?
• Was the employee allowed continued access to children despite red flags?

Employers cannot simply perform a one-time background check and ignore ongoing risks.

When Policies Are Ignored

Sometimes facilities have written policies requiring screening and monitoring, but those policies are not consistently followed. In other cases, facilities may rely on incomplete checks or fail to review disqualifying information. Ignoring these small infractions is like neglecting to pay a ticket for an expired auto registration—what starts as a minor issue can escalate into much bigger problems for daycare compliance if not addressed promptly.

When a facility prioritizes staffing convenience over safety, children can suffer serious consequences.

Courts often examine whether the facility complied with state regulations, internal policies, and industry standards. Failure to follow required procedures can significantly strengthen a claim.

Why These Cases Matter

When a child is harmed by someone who should never have been hired in the first place, the harm feels especially preventable.

Parents expect that:

• Background checks are completed thoroughly
• Disqualifying histories are taken seriously
• Complaints are investigated
• Safety is prioritized over staffing shortages

When those expectations are not met, the law may provide a path to accountability.

What Parents Can Do

Before enrolling your child in a daycare or camp, you should be sure you have asked the following questions:

• Are background checks performed on all staff?
• Are fingerprint screenings required?
• How often are screenings updated?
• What is the policy if concerns are raised about an employee?
• Have you asked if all adults who will be around my child have completed background checks?

It is important to ask your provider if they have completed a background check on all adults who will be around your child. Likewise, it is important for daycare providers to ask if all adults around children have completed background checks.

Reputable facilities should be transparent and comfortable answering these questions. If your child has already been harmed and you suspect negligent hiring played a role, it is important to preserve evidence quickly. Employment records, screening documentation, and internal communications may be critical.

Frequently Asked Question

Are child care programs allowed to hire someone convicted of a crime?

Child care programs and a family child care home must follow federal law and often run an fbi background search and check the national sex offender registry before a person with a drug charge or other felony is hired for a position with unsupervised access to children.

Does the rule apply to all staff and volunteers?

Yes, child care providers, caregivers, administrative employees, bus drivers, kitchen staff, and even a volunteer may face limitations if convicted of rape or another serious offense, especially if the trial proven facts show risk to children’s lives.

What can parents do to learn about hiring practices?

Parents can visit the program website page, submit requests for general information, review feedback, and seek understanding of how the program handle background checks, account for past actions, and ensure children are safe in civil and life situations.

The Bottom Line

Daycares and other childcare facilities have a duty to protect children. Conducting proper background checks is a fundamental part of that duty.

If a facility hires someone with a criminal record that should have raised serious concerns — and a child is harmed as a result — the facility may be legally responsible under theories like negligent hiring, supervision, or retention.

If you have questions about a daycare’s hiring practices or believe your child was harmed because a facility failed to properly screen an employee, you have options. Our experienced legal team is always available to speak confidentially and help you understand whether the daycare met its legal obligations.

When it comes to children’s safety, cutting corners is never acceptable.