The measure, which was signed into law June 15 as part of a foster care overhaul package, adds the requirement of the fingerprint check for prospective hires to existing protocol that requires national and statewide checks through the submission of a name and social security number. While legislators maintain that the additional steps will prevent those who could harm children from bypassing clearance by submitting aliases, child care providers said they are worried about the additional cost.
The added level of security will bring the overall costs of clearing child-care employees to more than $50 per prospective hire, said Texas Department of Family and Protective Services spokesman Patrick Crimmins.
“This is a huge expense for a child-care center,” said Sherry Workman, executive director of the National Association of Childcare Providers, which is based in Austin.
Sen. Jane Nelson, R-Lewisville, originally introduced the measure that was eventually incorporated into the bill.
It was news reports of a 4-year-old boy who died of heatstroke under the supervision of a Dallas-area child-care center that she said compelled her to author the original bill. Authorities believe the owner provided an alias and a fake social security number to gain clearance for a license.
Nelson said she was aware of day-care directors’ arguments that the cost of an additional background check is exorbitant, but she maintains that the safety of children takes precedence.
“In this day and age, we just can’t afford to leave these things to chance,” she said. “It’s unfortunate that these kinds of laws are necessary, but our first and foremost job should be protecting our children.”
Day-care centers are already strapped for cash, say experts. And though directors say they know there is a limit to how much they can charge families, they may be forced to pass along the added expense to parents.
The annual cost of childcare in Texas averages from $4,600 to $5,600, which is approximately 10 percent of the median family income in the state, according to data published by the National Association of Child Care Resource and Referral Agencies.
This limitation also means that centers are restricted in what they can realistically pay their employees. The average childcare center employee in the state makes just over minimum wage, according to the United States Department of Labor.
This makes for a small pool of applicants and a dearth of people willing to work in child care, said Linda Owens, director of Crenshaw-Harris Academy Daycare on South 13th Street.
“This is a large (rate of) turnover job,” Owens said. “This year alone I have gone through 10 teachers.”
Madeline Kelley, director of First Step Learning Center on West Avenue U said she didn’t see the need for two background checks.
“I don’t understand what the purpose of this is,” Kelley said. “I could understand if they want to do a drug test, but there’s no law that saying they have to a drug test. Now that’s just silly.”
Owens said she was concerned that if a teacher walked out, the new law would add to the time it would take to hire a replacement.
Texas requires a minimum worker-to-child ratio that centers are legally required to maintain in their staffing levels. However, the law allows for exceptions when staff levels fall below the legal limit.
Workman said that daycare providers were surprised by the passage of the law, and that they were unaware that the issue was being debated in the Legislature.
“As an industry, we were caught off guard by this,” Workman said.
Crimmins said there seemed to be a little protest when the bill was being considered during the last session.
John Gasko, director of research and public policy at the Texas Early Childhood Education Coalition said that child care centers tend to be surprised by legislature that affects them because they are typically caught up in the day–to-day operations of their jobs.
He said that though his organization supports the measure, the uproar concerning the additional cost typifies the issues plaguing in the child care industry.
“This is symptomatic of a woefully underfunded child care system,” Gasko said.
--With questions or comments, email mwest@temple-telegram.com
