The Adam Walsh Child Protection and Safety Act of 2006 (PL 109-248) is a federal act which was signed into law on July 27, 2006. Section 151 and
153 of the act require the U.S. Attorney General to ensure access to Federal Bureau of Investigation (FBI) national criminal history record information
by (1) governmental social service agencies with child protection responsibilities, (2) child welfare agencies, and (3) public and private elementary and  secondary schools and state and local educational agencies. Section 153 of the act is entitled the “Schools Safely Acquiring Faculty Excellence Act of 2006.” 

Section 153(b) provides that the Attorney General shall, upon request of a state’s chief executive officer, conduct fingerprintbased checks of national crime information databases (as defined in 28 U.S.C. Section 534) pursuant to requests submitted by child welfare agencies or by private schools or public elementary or secondary schools or local or state educational agencies for volunteer and employment screening.

In Illinois, public schools have historically been authorized to receive national criminal history record information from the FBI pursuant to the Illinois School Code. However, federal law has historically prohibited private entities from receiving such data. Private entities that work with children have long contended that access to national criminal history records is a critical component in making sound suitability determinations when screening employment applicants, contractors and volunteers who work with or around children. Former federal prohibitions have now been lifted making it possible for private schools and private child welfare organizations to receive national criminal history record information. Access is now possible pursuant to PL 109-248. In order to receive FBI national criminal history record information pursuant to the Adam Walsh Child Protection and Safety Act of 2006, authorized entities must adhere to  specific state and federal guidelines.

The information contained in this brochure below is provided to assist authorized entities in understanding the basic elements of PL 109-248 and how this law is being implemented in Illinois.

Click here to view the full brochure on the The Adam Walsh Child Protection and Safety Act.