Sign Up For Updates

C The following definitions shall apply to this rule in addition to or in place of those appearing in rule of the Administrative Code. D The following paragraph pertains to crimes bearing a direct and substantial relationship to the position being filled. For example, any conviction for a crime during which force was used or implied against another person, such as assault or armed robbery, would have a direct and substantial relationship to any position involving direct client contact;. For example, convictions occurring more than ten years prior to the application carry less weight than more recent convictions; and.

E Procedure prior to hiring 1 At the time of a conditional offer, the applicant shall be informed that a background check will be conducted. F If, upon review by the appointing authority or their designee, the background check discloses information that the applicant has displayed character traits which would be detrimental to successful performance in the position sought, or that the applicant has been dismissed for good cause from any public or private service for a reason bearing a direct relationship to the position being filled, or that the applicant has been convicted of a crime bearing a direct and substantial relationship to the position, such applicant shall be precluded from further employment consideration.

G The applicable EEO officer shall be kept aware of specific reasons for hiring, or not hiring, an applicant under the provisions of this rule. H All information obtained in the background checks shall be considered confidential. It is not a public record for purposes of section I Notwithstanding the provisions of this rule, the Ohio department of mental health and addiction services shall conduct a separate criminal background investigation on all applicants for unclassified positions as described by section After the disclosure, the department either placed a child in the home or the foster family home license was issued.

During the background check, the department had assessed and waived the conviction in compliance with the existing statutes and rules in effect at the time. The applicant meets all other requirements and qualifications to be licensed as a foster family home. The applicant has a history of providing a safe, stable, home environment and appears able to continue to do so.

A fingerprint-based FBI and State criminal background check is required for a prospective adoptive parent as part of the adoption investigation. The results of the criminal background check shall be provided to the court for its review. The court may, in its discretion, weigh the significance of the results of the criminal background check against the entirety of the background of the petitioners. In regulation: An adoptive home shall be licensed as a foster family home before placement of an unrelated child for adoption.

The department shall make a determination whether the subject of a national fingerprint-based criminal history check has a record of a conviction for a felony or a misdemeanor relating to the health and safety of a child. A criminal history check is required only at the time an application for a new license or the renewal of an existing license is submitted. Department of Health and Human Services. A child may not be placed in a proposed adoptive home without the prior written approval of a licensed child-placing agency or the Department of Child Services.

Before giving approval for placement of a child in a proposed adoptive home, a licensed child-placing agency or the department shall conduct a criminal history check as defined below concerning the proposed adoptive parent and any other person who is currently residing in the proposed adoptive home. A records check for whether a prospective foster parent and foster care personnel were convicted of any crimes or child abuse is required as a part of the foster care licensure. A prospective foster parent will not be licensed if he or she was convicted of any of the following felony offenses: A drug-related offense, if committed within the 5-year period preceding the application date Child endangerment or neglect or abandonment of a dependent person Domestic abuse A crime against a child, including, but not limited to, sexual exploitation of a minor A forcible felony.

Each foster parent applicant and any other adult living in the household also shall be checked for records on the child abuse registry of any State where the person has lived during the past 5 years.


  1. yellow pages coos bay metal buildings.
  2. South Carolina Background Checks laws & HR compliance analysis?
  3. indiana marriages early to 1850.
  4. divorces in franklin co ohio;

Each foster parent applicant also shall be fingerprinted for a national criminal history check. Other adults living in the home may be fingerprinted if the department determines that a national criminal history check is warranted. If the applicant or anyone living in the home has a record of founded child abuse, a criminal conviction, or placement on the sex offender registry, the department shall not license the applicant as a foster family unless an evaluation determines that the abuse or criminal conviction does not warrant prohibition of license.

A records check for whether a prospective adoptive parent was convicted of any crimes or child abuse is required as a part of the preadoptive investigation. A prospective adoptive parent will not be approved if he or she was convicted of any of the following felony offenses: A drug-related offense, if committed within the 5-year period preceding the petition date Child endangerment or neglect or abandonment of a dependent person Domestic abuse A crime against a child, including, but not limited to, sexual exploitation of a minor A forcible felony.

In regulation: The certified adoption investigator shall submit record checks for each applicant and for any other adults living in the home of the applicant to determine whether they have founded child abuse reports or criminal convictions. If there is a record of founded child abuse or a criminal conviction for the applicant or any other adults living in the home of the applicant, the applicant shall not be approved as an adoptive family, unless an evaluation determines that the abuse or criminal conviction does not warrant prohibition of approval. The secretary is authorized to conduct fingerprint-based national criminal history record checks to determine criminal history on persons residing, working, or regularly volunteering in a foster care home.

An adoption investigation report must include the results of a child abuse registry check and a criminal registry check that determines whether the prospective adoptive parent has any prior felony convictions. The costs of making the assessment and report may be assessed as court costs. A fingerprint-based State and FBI criminal background investigation is required for a prospective foster parent and any adult household members. In regulation: An applicant and each adult member of the household shall submit to: An in-State criminal records check A child abuse or neglect check for each State of residence during the past 5 years A criminal records check conducted by means of a fingerprint check of the National Crime Information Database.

Prior to approval of an applicant, each adolescent member of the household shall submit to a child abuse or neglect check. A child abuse or neglect check shall identify the name of each applicant, adolescent member of the household, or adult member of the household who has been found to have: Committed sexual abuse or sexual exploitation of a child Been responsible for a child fatality related to abuse or neglect Abused or neglected a child within 7 years immediately prior to the application Had parental rights terminated.

An applicant shall not be approved if a criminal records check reveals that the applicant or adult member of the household has a: Felony conviction involving a spouse, a child, sexual violence, or death; or physical abuse, battery, or drug or alcohol offense within 5 years prior to application Criminal conviction relating to child abuse or neglect Civil judicial determination related to child abuse or neglect.

An application will be denied if a child abuse or neglect check reveals that the applicant, adolescent member of the household, or adult member of the household has been found to have: Committed sexual abuse or sexual exploitation of a child Been responsible for a child fatality related to abuse or neglect Had parental rights terminated involuntarily. An applicant shall not be approved if a criminal records check reveals that the applicant or adult member of the household has a: Felony conviction involving a spouse, a child, sexual violence, or death; or physical abuse, battery, a drug or alcohol offense within 5 years prior to application Criminal conviction relating to child abuse or neglect Civil judicial determination related to child abuse or neglect.

A Federal and State criminal records check is required for prospective foster parents, kinship foster parents, and any adult household members as a part of the investigation for licensing foster parents.

The Department of Social Services, Office of Community Services, shall investigate the background of each person who applies to be a foster parent. The office shall require each applicant and adult family member to provide fingerprints and such authorization as is necessary to conduct State and national criminal history record checks and to obtain any other information required to complete the investigation. No child shall be newly placed in a foster home for temporary care, except for emergency placement, until it is determined that no adult living in such home has been convicted of or pled nolo contendere to a crime listed in Rev.

The crimes listed include: Murder and manslaughter Rape and sexual battery Kidnapping Incest Criminal neglect of family Criminal abandonment Child pornography and molestation Cruelty to juveniles Sale of minor children Manufacture and distribution of controlled dangerous drugs. The sheriff or the State police, Louisiana Bureau of Criminal Identification and Information, shall conduct a records check for all Federal and State arrests and convictions in this and any other States in which either of the prospective adoptive parents has been domiciled.

Each prospective adoptive parent shall submit a set of fingerprints to the State police. The department shall conduct a records check for validated complaints of child abuse or neglect in this or any other State in which either of the prospective adoptive parents has been domiciled since becoming an adult, involving either prospective adoptive parent. No child shall be newly placed for adoption until it is determined that no adult living in such home has been convicted of or pled nolo contendere to a crime listed in the section above.

The following information is from the Code of Maine Rules. At the time of initial application, the applicant shall undergo fingerprinting in order to allow the department to submit required fingerprint-based checks of national crime information databases. At the time of initial or renewal application, the applicant shall submit releases signed by each adult member of the household and, at the discretion of the department, releases signed by any person who frequents the home who may have unsupervised access to the foster children. The releases will permit the department to request criminal history records from the Departments of Public Safety, State Police, Bureau of Identification, or other law enforcement agencies from any past or present residence, including out-of-State law enforcement agencies.

The department shall not grant a license to a person convicted of a felony involving: Child abuse or neglect Spousal abuse A crime against a child, including child pornography A crime involving violence, including rape, sexual assault, or homicide. The department shall not grant a license to a person convicted within the past 5 years of a felony involving: Physical assault or battery A drug-related offense.

An open child protective services case includes a pending disposition of an open report, a case open for assessment, or a case open for services. The court shall request a background check for each prospective adoptive parent who is not the biological parent of the child. The background check must include a screening for child abuse cases in the records of the department and criminal history record information obtained from the Maine Criminal Justice Information System and the FBI.

Each prospective parent who is not the biological parent of the child shall submit to having fingerprints taken. The State Police, upon receipt of the fingerprint card, may charge the court for the expenses incurred in processing State and national criminal history record checks.

State and Federal criminal history record information may be used by the department for the purpose of screening prospective adoptive parents in determining whether the adoption is in the best interests of the child. A criminal history records check shall be obtained by a foster care home applicant and any adult living in the prospective foster home.

Background Check Procedures: State by State | Giffords Law Center to Prevent Gun Violence

As part of the application for a criminal history records check, the applicant shall submit a complete set of legible fingerprints. In regulation: The foster parent home study must include: A review of local department records to determine whether a member of the family has an indicated finding of abuse or neglect A review of the results of the State and Federal criminal background checks. Foster parent certification may be denied if the applicant: Refuses to consent to the child protective services clearance and the criminal background check Has an indicated child abuse finding Has a felony conviction for child abuse or neglect, spousal abuse, a crime against children, rape, sexual assault, or homicide In the 5 years before the date of application for foster parent certification, has a felony conviction for physical assault, battery, or a drug-related offense Refuses to consent to the Motor Vehicle Administration clearance.

A criminal history records check shall be obtained on: A person who is seeking to adopt a child through a child-placing agency An adult relative with whom a child is placed by the local department Any adult residing in the home where a child may be placed. In regulation: Before an adoptive home may be approved, an applicant and all household members age 18 or older shall apply for a criminal background investigation. After the home is approved, if other individuals who are age 18 or older come to live with the family, they shall apply for a criminal background investigation within 30 days of moving into the household.

Before an adoptive home may be approved, an applicant and all household members age 18 or older shall consent to a child protective services clearance to determine if there is a prior indicated or unsubstantiated finding of abuse or neglect for any family or household member. The department may not approve or continue to approve as an adoptive home any home in which an individual: Refuses to consent to the child protective services clearance Has an indicated child abuse or neglect finding. No child shall be placed in a foster home before the approval of the home by the department.

This approval shall include criminal record information checks on all persons age 18 or older residing at the home. In regulation: Whenever an individual contacts the department for the purpose of applying to be a foster parent, the department shall conduct a criminal offender record investigation as part of the initial screening process on the individual s applying and household members age 14 and older. A candidate for foster parent certification shall be ineligible if he or she has been convicted of or has any pending charges involving crimes listed in CMR Crimes on this list include, but are not limited to: Assault and battery with a dangerous weapon of a victim over age 60 Assault and battery of a child or a retarded person Armed assault with intent to murder or rob Armed robbery or carjacking Assault with intent to murder, maim, or rape Distribution of a controlled substance to a minor Sexual exploitation of a child Incest Indecent assault and battery of a child Inducing a minor to prostitution Kidnapping Negligent manslaughter of a minor Murder or manslaughter Perjury Aggravated or statutory rape Trafficking in cocaine, heroin, or marijuana Unnatural acts with a child under age 16 Conspiracy to commit any of the above offenses Accessory before any crime in this category Attempts to commit any crime in this category.

A review of any misdemeanor offense discovered through a criminal offender record information search is required for a prospective adoptive parent. In regulation: Whenever an individual contacts the department for the purpose of applying to be a preadoptive parent, the department shall conduct a criminal offender record investigation as part of the initial screening process on the individual s applying and household members age 14 and older.

A candidate for preadoptive parent certification shall be ineligible if he or she has been convicted of or has any pending charges involving crimes listed in CMR Crimes on this list include, but are not limited to: Assault and battery with a dangerous weapon of a victim over age 60 Assault and battery of a child or a retarded person Armed assault with intent to murder or rob Armed robbery or carjacking Assault with intent to murder, maim, or rape Murder or manslaughter Distribution of a controlled substance to a minor Sexual exploitation of a child Incest Indecent assault and battery of a child Inducing a minor to prostitution Kidnapping Negligent manslaughter of a minor Perjury Aggravated or statutory rape Trafficking in cocaine, heroin, or marijuana Unnatural acts with a child under age 16 Conspiracy to commit any of the above offenses Accessory before any crime in this category Attempts to commit any crime in this category.

When a person applies for a certificate to operate a family foster home, the department shall request the State police to conduct a criminal history check and a national criminal records check through the FBI on the person. The applicant shall be required to submit his or her fingerprints for the investigation. A person to whom a license has been issued shall report to the department within 3 business days after he or she, or an employee or other person over age 18 residing in the home, has been arraigned for one or more of the following crimes: Any felony Criminal sexual conduct in the fourth degree Child abuse in the third or fourth degree A misdemeanor involving cruelty, torture, or indecent exposure involving a child Misdemeanor distribution of a controlled substance A violation of the Michigan penal code, sections In regulation: An agency shall have a written assessment of all criminal convictions of prospective staff before hiring or assigning a person to a position covered by these rules.

The assessment shall take into account the nature of the convictions, when the convictions occurred, and evidence of rehabilitation. An agency shall, upon receipt of an application, initiate a records check of each applicant and each adult member of the household. The check shall include previous licenses, criminal convictions, and substantiated child abuse and neglect records.

An individual seeking to adopt must have a preplacement assessment prepared by a child-placing agency. The assessment shall indicate: Whether the individual has ever been the respondent in a domestic violence proceeding or a proceeding concerning a child who was allegedly abused, dependent, deprived, neglected, abandoned, or delinquent, and the outcome of the proceeding Whether the individual has ever been convicted of a crime. A background study shall review: Records of substantiated perpetrators of maltreatment of vulnerable adults Records relating to the maltreatment of minors in licensed programs Information from juvenile courts, the Bureau of Criminal Apprehension, and the National Crime Information Center.

A background study for a child foster care application for licensure also shall review: The child abuse and neglect registry for any State in which the individual has resided during the past 5 years Information from national crime information databases for any individual age 18 or older. Applicants can be permanently disqualified if they have been convicted of murder, manslaughter, spousal abuse, child abuse or neglect, aggravated robbery, kidnapping, prostitution, criminal sexual conduct, arson, drive-by shooting, harassment, or stalking.

Applicants are disqualified if: Less than 15 years have passed since the termination of his or her parental rights. Less than 15 years have passed since they have committed a felony-level offense of wrongfully obtaining assistance, false representation, Federal food stamp program fraud, criminal vehicular homicide and injury, assault, criminal abuse or financial exploitation of a vulnerable adult, use of drugs to injure or facilitate crime, robbery, repeat offenses of criminal sexual conduct in the fifth degree, medical assistance fraud, theft, identity theft, insurance or financial fraud, check forgery, weapons charges, indecent exposure, or a conviction involving alcohol or drug use.

Less than 10 years have passed since they committed a gross misdemeanor-level offense of any of the offenses listed above. Less than 7 years have passed since they committed a misdemeanor-level violation of any of the offenses listed above. An adoption background study shall include: A check of the child abuse and neglect registry for any State in which the individual has resided for the past 5 years Information from national crime information databases for any person age 18 or older. Each prospective adoptive parent must provide all addresses at which he or she and anyone in the household over age 13 has resided in the previous 5 years and disclose any names used previously.

The agency shall immediately initiate a background study on each person over age 13 living in the home. A home study used to consider placement of any child on whose behalf title IV-E adoption assistance payments are to be made must not be approved if a background study reveals a felony conviction at any time for: Child abuse or neglect Spousal abuse A crime against children, including child pornography A crime involving violence, including rape, sexual assault, or homicide, but not including other physical assault or battery.

A home study must not be approved if a background study reveals a felony conviction within the past 5 years for: Physical assault or battery A drug-related offense. A fingerprint-based FBI and State criminal background check and child abuse registry check are required for providers of foster care. A prospective foster parent will be denied licensure if he or she has a criminal history of conviction or pending indictment of a crime, whether a misdemeanor or a felony, that bears upon his or her fitness to have responsibility for the safety and well-being of children.

All fees incurred in compliance with this section shall be borne by the individual or entity to which this law applies. In regulation: Law enforcement and child abuse central registry clearances shall be obtained for all adult household members, age 18 and older. The applicant, foster parent, and adult household members shall be free of conviction or indictment for, or involvement in the criminal offenses included, but not limited to, those listed above.

For adoptions, other than those in which the petitioner is a relative or stepparent of the child, the court shall require that a home study be performed by a licensed adoption agency or the Department of Human Services. The home study shall be considered by the court in determining whether the petitioner is a suitable parent for the child. In regulation: A central child abuse registry check is required for a prospective adoptive parent.

Each prospective adoptive parent must disclose any criminal record or alleged criminal activity by signing a disclosure form. A routine check with the local law enforcement agencies both city and county in the current as well as the last place of residence will be a part of the adoption study. The investigation also shall determine whether any person over age 17 residing in the home is listed on the child abuse and neglect registry. The total cost of fingerprinting required by this section may be paid by the State, including reimbursement of persons incurring fingerprinting costs under this section.

In regulation: All foster and relative care providers, prior to being granted licensure, approval, or certification status, shall submit to the division an application for background screening and investigation. The division shall conduct the background screening and investigation. Information obtained regarding harmful acts to a child is provided to local division staff that are responsible for completing the home study. Findings of harmful acts do not automatically preclude approval. The relevance of the findings to child-caring responsibilities will be determined by division staff.

A criminal background check is required for a prospective adoptive parent. In regulation: All adoptive parents, prior to being granted approval status, shall submit to the division an application for background screening and investigation. A fingerprint-based FBI and State criminal and child protection background check, which must include information pertaining to criminal convictions, reports of domestic violence, and substantiated child abuse or neglect of children, is required for a prospective foster, kinship, or extended care provider. In regulation: For licensure as a youth foster home, a satisfactory criminal background, motor vehicle, and child and adult protective services check is required for each person living in the household.

CLIENT INTELLIGENCE

A new applicant must submit a completed fingerprint card so that a fingerprint-based criminal records check can be requested. If a new applicant who has lived only in Montana cannot be successfully fingerprinted, a name-based criminal records check will be used. If an applicant who has lived in States other than Montana cannot be successfully fingerprinted: A criminal history check will be requested from every State in which an applicant has lived in the past 15 years.

A check will be made of the violent offender and criminal history registries if this information is available for States in which the applicant has lived. If, after 45 days, the department has been unable to obtain results of a criminal records check for an applicant who has lived in Montana for at least 5 years, he or she must sign an affidavit attesting to his or her lack of criminal history.

The affidavit will be accepted in lieu of a criminal history check. An annual name-based criminal records check and a motor vehicle check for licensed foster parents are required for relicensure. If an applicant has children, a child protective services check will be requested from all States in which he or she has lived since the birth date of his or her oldest child.

Search form

If an applicant does not have children, a child protective services check will be requested from all States in which he or she has lived in the previous 15 years. A check of criminal conviction data, data on substantiated abuse or neglect of a child, and data pertaining to any involvement in incidents of domestic violence is required for a prospective adoptive parent as part of the preplacement evaluation.

The adoption study also may include a check of the youth court records of any person living in the prospective home. If applicable, the study must include an evaluation of the effect of a conviction, adjudication, or finding of substantiated abuse or neglect on the ability to care for a child. In regulation: Each household member, as appropriate, must be checked with the State central register of child protection cases, the Adult Protective Services central registry, the Sex Offenders Registry, and the FBI.

The department shall deny licensure to any applicant currently charged, indicted, or convicted for any of the following crimes: Aggravated or armed robbery Arson Assault Child abandonment, abuse, neglect, or molestation Commercial sexual exploitation of a minor Criminal nonsupport Domestic violence Exploitation of a minor involving drug offenses Felony controlled substances offenses Felony violation of custody Incest Kidnapping Murder Robbery Sexual abuse of a minor Sexual assault Sexual exploitation of a minor, including child pornography Voluntary manslaughter.

The department shall deny licensure to any applicant convicted in the past 5 years of any of the following crimes: Burglary Driving under the influence Misdemeanor controlled substances offenses Misdemeanor contributing to the delinquency of a child. Each household member age 13 or older must be cleared against the central register. The department shall deny licensure if any household member is identified as a perpetrator on the central register.

Each household member age 18 or older must be cleared against the Adult Protective Services central registry. The department shall deny licensure if any household member is identified as a perpetrator on the Adult Protective Services central registry. An adoptive home study shall not be required when the petitioner is a stepparent of the adopted person unless required by the court, except that for petitions filed on or after January 1, , the judge shall order the petitioner to request the Nebraska State Patrol to file a national criminal history record information check and to request the department to conduct a check of the central register for any history of the petitioner of behavior that may endanger the health or morals of a child.

An adoption decree shall not be issued until such records are on file with the court. The petitioner shall pay the cost of the national criminal history record information check and the check of the central register. Any adoptive home study required by this section shall be conducted by the department or a licensed child-placing agency at the expense of the petitioner or petitioners unless such expenses are waived by the department or licensed child-placing agency.

The department or licensed agency shall determine the fee or rate for the adoptive home study. The preplacement or postplacement adoptive home study shall be performed as prescribed in the rules and regulations of the department and shall include, at a minimum, an examination into the facts relating to the petitioner or petitioners as may be relevant to the propriety of such adoption. Such rules and regulations shall require an adoptive home study to include a national criminal history record information check and a check of the central register for any history of the petitioner or petitioners of behavior injurious to or that may endanger the health or morals of a child.

Each applicant for a foster care license, licensee, employee of the applicant or licensee, or resident of a foster home who is age 18 or older, other than a resident who is under court jurisdiction, must submit to the licensing authority a complete set of fingerprints and written permission authorizing the licensing authority to: Forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the FBI for its report Conduct a child abuse and neglect screening.

For each applicant, the licensing authority shall conduct a child abuse and neglect screening of the person in every State in which the person has resided during the immediately preceding 5 years. In regulation: Any applicant who has been investigated by an agency that provides child welfare services and regarding whom a finding of substantiated abuse or neglect of a child has been made by that agency, or whose own children have been in foster care or otherwise placed outside of the home for the purpose of adoption or foster care, must be denied a license to operate a foster home.

A license will be denied if the applicant: Has been convicted of a crime involving harm to a child Has charges pending against him or her for a crime involving harm to a child Has been arrested and is awaiting final disposition of the charges pending against him or her for a crime involving harm to a child Has a felony conviction, charges pending for a felony conviction, or has been arrested and is awaiting final disposition of the charges pending for a felony conviction for: Child abuse or neglect Spousal abuse Any crime against children, including child pornography Any crime involving violence, including rape, sexual assault, or homicide, but not including any other physical assault or battery Physical assault, battery, or a drug-related offense, if the offense was committed within the past 5 years.

Fingerprint-based FBI and State criminal history records checks are required for prospective adoptive parents as part of the adoption investigation. In regulation: The agency shall evaluate applicants to determine their suitability for becoming adoptive parents.

For an initial application for a foster family home license, the department shall conduct a background check of the prospective foster parents and all household members age 17 or older. The background check shall consist of a fingerprint-based criminal record check of national crime information databases for the prospective foster parents and a central registry check for the prospective foster parents and all household members age 17 or older.

In regulation: The department may deny an application for or revoke a foster family care license if the applicants are the subject of a founded report of child abuse or neglect in New Hampshire or any other State. The department shall deny an application for a foster family care license if the applicant: Has been convicted of a felony for child abuse or neglect, spousal abuse, any crime against children, child pornography, rape, sexual assault, or homicide, but not including other physical assault or battery Has been convicted of a felony for physical assault, battery, or a drug-related offense within the past 5 years Has been convicted of a violent or sexually related crime against a child or of a crime that shows the person might be reasonably expected to pose a threat to a child, such as a violent crime or a sexually related crime against an adult Has a motor vehicle record or is the subject of a report from another source that, following assessment, shows that the applicant might reasonably be expected to pose a threat of harm to a child.

A background check is required for all private adoptions. The background check shall include both a criminal records check conducted by the New Hampshire State police and a search of the abuse and neglect registry maintained by the department. The court shall require a background check in all adoption proceedings initiated by the department or by another child-placing agency. The background check shall consist of a fingerprint-based criminal record check of national crime information databases for all prospective adoptive parents and a central registry check for all prospective adoptive parents and any other adult living in the home.

The central registry check shall include a check of the central registry of founded reports of child abuse and neglect and a check of the child abuse and neglect registries in any other State in which the prospective adoptive parent or other adult living in the home has resided in the preceding 5 years. In regulation: The minimum requirements for acceptance of the adoptive parent applicants shall include: The adoptive parent applicant shall not have been convicted of child abuse or neglect or any other serious crime that would affect the ability to care for children.

The adoptive parent applicants and all household members shall be screened by the Department of Health and Human Services for any founded reports of child abuse or neglect. After review, if the department determines that the household member poses no further threat to any child, the child-placing agency shall proceed with the application process.

As a condition of securing and maintaining a license, the foster care applicant shall ensure that a fingerprint-based State and Federal criminal history background check, current within 1 year, and a child abuse record check are completed for each applicant and each household member at least age If the division determines that an incident of child abuse or neglect by any household member has been substantiated, the application for licensure or renewal shall be denied.

An exception may be made when it is determined that a foster child will not be endangered by remaining in the current foster home. The home study shall include fingerprint-based State and Federal criminal history record checks for each prospective adoptive parent and each adult residing in the home. When the results reveal a criminal conviction, the agency shall examine the nature and seriousness of the crime and the date it occurred. The circumstances of the crime, social conditions, and any evidence of rehabilitation will be considered. The background checks shall be valid for 36 months.

The cost of all criminal history record checks shall be paid by the prospective adoptive parent. The records of the division regarding reports of child abuse or neglect shall be checked for the proposed adoptive parent and any household member age 18 or older for information that would raise a question of the suitability of the proposed adoptive parent or household member. The child abuse registry check shall be valid for 18 months. A person shall not be eligible to adopt a child if that person or any adult residing in the household ever committed a crime that resulted in a conviction for: A crime against a child, including endangering the welfare of a child, child pornography, child abuse, neglect, or abandonment Murder or manslaughter Aggravated assault in the second or third degree Stalking Kidnapping, criminal restraint, false imprisonment, interference with custody, criminal coercion, or enticing a child into a motor vehicle, structure, or isolated area Sexual assault, criminal sexual contact, or lewdness Robbery in the first degree Burglary in the second degree Domestic violence Endangering the welfare of an incompetent person or an elderly or disabled person Terrorist threats Arson.

The department shall conduct a background check and shall submit the fingerprints to the Department of Public Safety and the FBI for this purpose. In regulation: Abuse and neglect screens are conducted by licensing authority staff in order to identify those persons who pose a continuing threat of abuse or neglect to minors. An applicant shall be considered an unreasonable risk when he or she has: A conviction for a offense involving moral turpitude that directly relates to whether he or she can provide a safe, responsible, and morally positive setting for a child A conviction for an offense involving moral turpitude that does not directly relate to whether the applicant can provide a safe, responsible, and morally positive setting if the department determines that the applicant has not been sufficiently rehabilitated A conviction, regardless of the degree or date of the crime, of trafficking in controlled substances, criminal sexual penetration, related sexual offenses, or child abuse A substantiated referral, regardless of the date, for sexual abuse or for neglect characterized by a failure to protect against sexual abuse.

There shall be a determination of unreasonable risk if a background check shows: Pending charges for a felony offense, any misdemeanor offense involving domestic violence or child abuse, an arrest but no disposition for any such crime, or a pending referral with the department An applicant is wanted for any offense by any law enforcement agency due to a warrant having been issued.

The results of the Federal and State criminal records checks shall be sent to the department or a State agency authorized by law for such purposes. The department shall forward the results of the Federal and State criminal records checks to the requesting person and to the court if an adoption proceeding has been filed. A fingerprint-based criminal history records check is required for a prospective foster parent and any household member who is age 18 or older. An application for certification or approval of a prospective foster parent shall be denied where a criminal history record reveals a conviction for: Child abuse or neglect Spousal abuse A crime against a child, including child pornography A crime involving violence, including rape, sexual assault, or homicide A felony conviction within the past 5 years for physical assault, battery, or a drug-related offense.

Before making an order of adoption, the judge shall inquire of the Department of Social Services whether an adoptive parent is the subject of an indicated report filed with the statewide Central Register of Child Abuse and Maltreatment. A fingerprint-based check shall be made for any existing criminal history record of the applicant.

A petition for certification as a qualified adoptive parent shall be denied where a criminal history record reveals: A felony conviction at any time involving: Child abuse or neglect Spousal abuse A crime against a child, including child pornography A crime involving violence, including rape, sexual assault, or homicide, other than a crime involving physical assault or battery A felony conviction within the past 5 years for physical assault, battery, or a drug-related offense. The department shall prohibit any individual from providing foster care if the individual has a criminal history.

A fingerprint-based criminal history check must be conducted on all persons age 18 or older who reside in a licensed family foster home. The criminal history includes any county, State, and Federal conviction of a felony or pending felony indictment for: A crime of child abuse or neglect or spousal abuse A crime against a child, including child pornography A crime involving violence, including rape, sexual assault, or homicide, other than physical assault or battery Physical assault, battery, or a drug-related offense, if the offense was committed within the past 5 years.

The fingerprints of all persons will be used to check the criminal history records of the State Bureau of Investigation and the FBI. A fingerprint-based criminal history check must be conducted prior to placement on prospective adoptive parents seeking to adopt a minor in the custody of the department and on all persons age 18 or older residing in the prospective adoptive home.

The criminal history includes a county, State, or Federal conviction of a felony or a pending felony indictment for: A crime of child abuse or neglect or spousal abuse A crime against a child, including child pornography A crime involving violence, including rape, sexual assault, or homicide, other than physical assault or battery Physical assault, battery, or a drug-related offense, if the offense was committed within the past 5 years.

In regulation: The agency shall conduct a preplacement assessment of a prospective adoptive parent. The assessment process must determine whether the individual has ever been a respondent in a domestic violence proceeding or a proceeding concerning a minor who was allegedly abused, neglected, dependent, undisciplined, or delinquent, and the outcome of the proceeding; whether the individual has been found to have abused or neglected a child or has been a respondent in a juvenile court proceeding that resulted in the removal of a child; or has had child protective services involvement that resulted in the removal of a child.

A criminal history records check is required for a prospective foster parent prior to approving a foster care license. In regulation: A family foster care applicant, family foster care provider, or members of the family foster care home must not have been found guilty of, pled guilty to, or pled no contest to: Homicide Assault, threat, or coercion Kidnapping Gross sexual imposition Corruption or solicitation of minors Sexual abuse of wards Sexual assault Robbery Burglary, if a class B felony Promoting sexual performances by children Promoting prostitution or facilitating prostitution Child procurement Other offenses, if the department determines that the individual has not been sufficiently rehabilitated.

The department will not consider a claim that the individual has been sufficiently rehabilitated until any term of imprisonment, probation, or parole has elapsed without a subsequent charge or conviction. In the case of a misdemeanor simple assault, the department may determine that the individual has been sufficiently rehabilitated if 15 years have elapsed after final discharge or release from any term of imprisonment, probation, or parole without subsequent conviction.

A criminal history records check is required for a prospective adoptive parent as part of the preplacement adoption assessment. Certification is required for prospective foster parents in order to ensure a safe, healthy, and moral environment for the juvenile. A criminal background check is not specified as part of the certification. If ordered by the court, the Division of Youth Services or any other qualified person or agency designated by the court shall conduct an investigation of the prospective adoptive parent to ascertain whether the adoptive home is a suitable home for the minor and whether the proposed adoption is in the best interests of the minor.

A criminal background check is not specified as part of the investigation. The crimes listed include: Murder, manslaughter, and assault Kidnapping Sexual offenses, including rape, sexual battery, prostitution, and child pornography Endangering children Domestic violence Drug trafficking, illegal manufacture of drugs, and illegal cultivation of marijuana. If any person cannot prove that he or she has resided in Ohio for the past 5 years, an FBI national records check will be requested. A fingerprint-based State and national criminal background check and a records search of the Child Care Restricted Registry are required for a prospective foster parent and any adult living in the home.

New Ohio Law Eases Restrictions for Obtaining Professional Licenses With a Criminal Record

A juvenile justice information system review is required for any child age 13 or older residing in a foster family home, other than the foster child, or who subsequently moves into the foster family home. In regulation: Criminal history investigations must be obtained from the Oklahoma State Bureau of Investigation and the appropriate agency in the previous State of residence if the individual has resided in Oklahoma less than 3 years.

The report must include a search of the sex offender registry and the child abuse registry. A confirmed or substantiated allegation of child abuse or neglect is considered when evaluating the qualifications of the applicant and the safety and well-being of the children in care. Individuals who have pending charges or are convicted of or enter a plea of guilty or no contest to certain crimes cannot be licensed to care for children, live in a family child care home, provide care for children, be a substitute or assistant caregiver, or be on the premises when children are in care.

STEP5- CRIMINAL BACKGROUND CHECK

Those crimes include: Violence against a person Child abuse or neglect Possession, sale, or distribution of illegal drugs Sexual misconduct Gross irresponsibility or disregard for the safety of others Animal cruelty A pattern of criminal activity. For each adoptive parent or other household member age 18 or older who has not maintained continuous residency in the State for 5 years prior to the home study, a child abuse registry check shall be required from every other State in which the prospective adoptive parent or other adult household member has resided during that time.

In regulation: Reasons for denial may include, but are not limited to: The applicant or any person residing in the home has a history of alleged or confirmed child abuse, neglect, or both. The applicant or any person residing in the home has a history of arrests or convictions. An application will be automatically denied for a felony conviction for any of the following offenses: A crime involving violence including, but not limited to, rape, sexual assault, or homicide, but excluding physical assault or battery Child abuse or neglect A crime against a child, including, but not limited to, child pornography.

A felony conviction for physical assault, domestic abuse, battery, or a drug-related offense within the previous 5 years period will result in denial of the application unless special approval is obtained from the court. The application is denied if the applicant has been convicted of a sex offense and subject to or married to or living with a person subject to the Oklahoma Sex Offenders Registration Act. A criminal records check is required for a prospective foster parent or relative caregiver and other individuals age 18 or older who will be in the household of the prospective foster parent or relative caregiver.

In regulation: An individual may not be approved or certified as a relative caregiver or foster parent, and no exception may be granted, if he or she has been convicted of a felony crime that involves: Violence, including rape, sexual assault, and homicide, but not including other physical assault or battery Intentional starvation or torture Abuse or neglect of a child Spousal abuse Aiding, abetting, attempting, soliciting, or conspiring to cause the death of a child Sodomy or sexual abuse A child as the victim, including child pornography Physical assault, battery, or a drug-related offense within the preceding 5 years.

A department manager is authorized to grant an exception when the applicant has been convicted of a crime other than one listed above, and it has been determined that the individual possesses the qualifications to be a relative caregiver or foster parent regardless of the criminal conviction.