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Prior to October 1, 2006, section 471(a)(20)(A) of the Act required States to conduct background checks of prospective adoptive parents unless the State opted out. For those States that did not opt out, title IV-E adoption assistance may not be claimed by the State if the criminal records check reveals that a prospective adoptive parent has a felony conviction for child abuse or neglect; spousal abuse; a crime against children (including child pornography); or for a crime involving violence (including rape, sexual assault, or homicide, but not including other assault and battery). In addition, title IV-E adoption assistance may not be claimed by the State if the prospective adoptive parent has been convicted of the following felonies within the past five years: physical assault; battery; or a drug-related offense. Those States that opted out instead had to ensure that safety considerations with respect to the caretakers had been met for title IV-E adoption assistance as of March 2001.
As of October 1, 2006, or a delayed effective date approved by ACF, States that did not opt out of the former criminal background provision must secure a fingerprint-based check of the National Criminal Information Database (NCID) for prospective adoptive parent(s). The provisions prohibiting States from claiming title IV-E adoption assistance for prospective foster parents with certain felony backgrounds remain. If a State opted out of the criminal records check provision on or before September 30, 2005, the State is exempt from the criminal background check and felony conviction exclusion until October 1, 2008.
As of October 1, 2006, or a delayed effective date approved by ACF, section 471(a)(20)(C) of the Act requires States to conduct a check of the State-maintained child abuse and neglect registries in all States in which the prospective adoptive parent(s) and all other adults living in the adoptive home have resided in the last five years.
Questions Related to this Requirement:
(A) If your State opted out of the original criminal background check requirement prior to September 30, 2005, are safety considerations addressed for the adoptive parents prior to approving the home?
N/A
YESNONEEDS CLARIFICATION
If no, this is inconsistent with Federal requirements.
(B)(i) If the NCID-background checks are NOT currently in effect in the State, and the State has not opted out, does the State require a criminal background check at either the Federal/State/local level for all prospective adoptive parents prior to approval?
N/AYESNONEEDS CLARIFICATION
(B)(ii) If the NCID-background checks are currently in effect in the State, does the State require a fingerprint-based check of the NCID for all prospective adoptive parent(s), or some other authorized alternative for individuals who cannot be fingerprinted appropriately prior to approval?
N/AYESNONEEDS CLARIFICATION
If either (B)(i) or (ii) is no, this is inconsistent with Federal requirements.
(C) If either (B)(i) or (ii) is yes, is title IV-E adoption assistance available when the State places a child with a prospective adoptive parent who has a felony conviction for child abuse or neglect; spousal abuse; a crime against children (including child pornography); or for a crime involving violence (including rape, sexual assault, or homicide, but not including other assault and battery)?
N/AYESNONEEDS CLARIFICATION
If yes, this is inconsistent with Federal requirements.
(D) If the response to either (B)(i) or (ii) is yes, is title IV-E adoption assistance available when the State places an adoptive child in a home of a prospective adoptive parent who has had a felony conviction within the past five years for physical assault; battery; or a drug-related offense?
N/AYESNONEEDS CLARIFICATION
If yes, this is inconsistent with Federal requirements.
(E) If currently in effect in the State, does the State request a check of the State-maintained child abuse and neglect registries in all States in which the prospective adoptive parent(s) and all other adults living in the home have resided in the past five years?
N/AYESNONEEDS CLARIFICATION
If no, this is inconsistent with Federal requirements.
(F) If currently in effect in the State, does the State respond to a request for information on prospective adoptive parents and other adult household members from its State-maintained child abuse and neglect registries?
N/AYESNONEEDS CLARIFICATION
If no, this is inconsistent with Federal requirements.
Steps to address areas needing clarification:
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List any areas noted above that are inconsistent with Federal requirements:
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Action(s) needed to assure the State's program meets Federal requirements:
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Citations for State laws, administrative rules, policies, etc., used for review of this requirement:
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Legal and Related References for Background Checks:
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