Important Information from the Bureau of Certification Services Regarding the Effect of Act 12 of 2022 on Provisional Hiring Practices
On Feb. 17, 2022, Governor Tom Wolf signed HB 764 into law as Act 12 of 2022 (Act 12). Act 12 amends the Child Protective Services Law (CPSL) to allow most employers to hire an applicant on a provisional basis for up to 45 days. For certified child care operators, to do so, all the following conditions MUST be met:
  • The applicant has received the results of the National Sex Offender Registry (NSOR) and out of state clearances, if applicable, and submitted the results to the employer.
  • The employer, administrator, supervisor, or other person responsible for employment decisions received the result of the applicant’s PA Child Abuse History Clearance AND either the Pennsylvania State Police Criminal Record Check OR the FBI Criminal History Background Check before the start of employment. The applicant must have applied for the outstanding check (Pennsylvania State Police Criminal Record Check or the FBI Criminal History Background Check) and submit proof of application to the employer, administrator, supervisor, or other person responsible for employment decisions.
  • The employer, administrator, supervisor, or other person responsible for employment decisions requires that the applicant not be permitted to work alone with children and that the applicant work in the immediate vicinity of a permanent employee.
  • The employer must have no knowledge of information that would disqualify the applicant.
  • The applicant must affirm in writing they are not disqualified from employment by reason of being listed on the abuse registry or being convicted of a disqualifying offense.
  • If the results of the applicant’s background checks reveal that the applicant is disqualified from employment due to section 6344(c) (relating to grounds for denying employment or participation in program, activity, or service) of the CPSL, the applicant must be immediately dismissed by the employer, administrator, supervisor, or other person responsible for employment decisions.
Effective Feb. 17, 2022, Department of Human Services (DHS) certified child care providers are no longer required to submit a Provisional Hire Waiver Request for Child Care (CD 353) to allow child care employees to work in a certified child care facility on a 45-day provisional basis.
Communications sent via the PA Early Ed News on Jan. 2, 2020, and Jan. 27, 2020, explaining the process for obtaining Provisional Hire Waiver Request are no longer in effect.
Comments and Questions should be directed to the child care provider’s Regional Office of Child Development and Early Learning:
  • Central Region 800-222-2117
  • Northeast Region 800-222-2108
  • Southeast North and Southeast South Region 800-346-2929
  • Western Region 800-222-2149