When a background check transfer form is required
- Anytime there is a change in employment or if an employee will be working at multiple locations.
- When an employee terminates their employment and is later re-hired.
A background check transfer form must be submitted to the Criminal Background Check Unit within 10 days from the date of hire.
Multiple locations
If an owner operates multiple locations and the employee's background check memo lists the program name or owner’s name without a specific location, the memo may be used at all locations operated under that owner’s name or program name. However, it is required that a copy of the background check memo be kept at each location where the employee works.
For example, an employee works at three locations:
- CC North
- CC South
- CC West
If the background check memo identifies the program as CC and does not identify a specific location, a transfer form is not needed for each location.
When the background check memo names a specific location
A background check transfer form is needed when the background check memo identifies a specific childcare location, and the employee will work at another location.
For example, if the background check memo identifies the employee's program as CC North, but the employee will also work at CC West, a background check transfer form is needed so the staff is able to work at CC West.
Therapists who are providing services in a program and have been required to complete a background check will need to complete a background check transfer form (SFN 356) if providing services at additional program locations with different names.
The transfer form connects the individual’s existing background check to the additional program or location.
The name listed on the background check memo determines where the individual may work or provide services.
Program name change
A background check transfer form is also needed when a childcare program changes its name, even if the ownership does not change.
Providers should contact their Licensing Specialist or the Criminal Background Check Unit when there is a change in program name to make sure the correct background check documentation is completed.
Change in ownership
If ownership changes and the program name changes, a background check transfer form is required.
Providers should contact the Criminal Background Check Unit or their Licensing Specialist for guidance rather than assuming the existing background check documentation automatically transfers to the new owner.
Remember these key points
When determining whether a background check transfer form is needed, look at the program name on the background check memo.
- Same owner and same program name
- If the memo lists the program name without identifying a specific location, a copy of the memo can be maintained at each location where the individual works or provides services.
- A background check transfer form is not needed for each location.
- Same owner and specific location listed on memo
- If the memo identifies a specific location, a background check transfer form is needed when the employee works at another location.
- Different programs
- If an individual works or provides services for different programs, a background check transfer form is needed for each additional program.
- Program name changes
- A background check transfer form is needed when the childcare program name changes, even if ownership stays the same.
Keep documentation at each location
If an employee works at more than one childcare location, each location must have the required background check documentation on file. Required background check documentation includes a copy of the background check result memo and stamped SFN 375 form.
Keeping the correct documentation at each location helps providers demonstrate compliance and helps ensure that employees are properly cleared to work where they are assigned.
Questions?
If you are unsure whether a background check transfer form is needed, contact the Criminal Background Check Unit or your Early Childhood Licensing Specialist before the employee begins working at the additional program or location.
Criminal Background Check Unit
Phone: (701) 328-7575
Toll-Free: (800) 472-2622, 711 (TTY)
Email: dhscfscbc@nd.gov