Adoption allow country criminal history past

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.

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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. 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.

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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.


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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.

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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.

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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. A new applicant must submit a completed fingerprint card so that a fingerprint-based criminal records check can be requested.

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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.