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8.4H  TITLE IV-E, General Title IV-E Requirements, Safety Requirements


1.Is the requirement for criminal records checks extended to the staff of child-care institutions, unlicensed relative homes?


1. Question: Is the requirement for criminal records checks extended to the staff of child-care institutions, unlicensed relative homes? Show History

Answer: The criminal records check provision does not extend to child-care facilities; the statute specifically limits this requirement to prospective foster and adoptive parents. However, in order to be an eligible provider for title IV-E funding purposes, the licensing file must include documentation that safety considerations with respect to the caretakers have been addressed. This safety documentation requirement applies to child-care institutions in every situation. Since this provision is a title IV-E funding requirement, it does not extend to relative homes that are not licensed or approved in accordance with State/Tribal licensing standards because children placed in such homes are not eligible for title IV-E funding.

  • Source/Date: Preamble to the Final Rule (65 FR 4020) (1/25/00) (revised 6/6/13)
  • Legal and Related References: Social Security Act - section 471 (a)(20); 45 CFR 1356.30

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