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2.1J CAPTA, Assurances and Requirements, Criminal Background Checks

Items with a star (*) and gray background have been modified from previous record.

Question Number 1:
12/13/2011 - Current
Question*Are fingerprints required as part of the criminal background check requirement in section 106(b)(2)(B)(xxii) of CAPTA?
Answer*Yes. Public Law 111-320 amended section 106(b)(2)(B)(xxii) of CAPTA in 2010 to require that States have provisions and procedures that require criminal background checks for prospective foster and adoptive parents and other adults residing in the household that meet the title IV-E criminal background check requirements. The title IV-E requirements in section 471(a)(20) of the Social Security Act require fingerprint-based criminal record checks of national crime information databases.
Source/Date*05/02/06; updated 12/9/11
Legal and Related References*Social Security Act section 471(a)(20); Child Abuse Prevention and Treatment Act (CAPTA), as amended (42 U.S.C. 5101 et seq.) section 106(b)(2)(B)(xxii)

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05/16/2006 - 12/13/2011 (Original Record)
QuestionAre fingerprints required as part of the criminal background check requirement in section 106(b)(2)(A)(xxii) of CAPTA?
AnswerNo. The statute is silent with respect to this issue. Therefore, the State may choose whether or not to require fingerprints as part of its criminal background checks.
Source/Date05/02/06
Legal and Related ReferencesChild Abuse Prevention and Treatment Act (CAPTA), as amended (42 U.S.C. 5101 et seq.) section 106(b)(2)(A)(xxii)

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