[Code of Federal Regulations]
[Title 45, Volume 4]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR1356.30]

[Page 362-363]
 
                        TITLE 45--PUBLIC WELFARE
 
CHAPTER XIII--OFFICE OF HUMAN DEVELOPMENT SERVICES, DEPARTMENT OF HEALTH 
                           AND HUMAN SERVICES
 
PART 1356--REQUIREMENTS APPLICABLE TO TITLE IV-E--Table of Contents
 
Sec. 1356.30  Safety requirements for foster care and adoptive home providers.

    (a) Unless an election provided for in paragraph (d) of this section 
is made, the State must provide documentation that criminal records 
checks have been conducted with respect to prospective foster and 
adoptive parents.
    (b) The State may not approve or license any prospective foster or 
adoptive parent, nor may the State claim FFP for any foster care 
maintenance or adoption assistance payment made on behalf of a child 
placed in a foster home operated under the auspices of a child placing 
agency or on behalf of a child placed in an adoptive home through a 
private adoption agency, if the State finds that, based on a criminal 
records check conducted in accordance with paragraph (a) of this 
section,

[[Page 363]]

a court of competent jurisdiction has determined that the prospective 
foster or adoptive parent has been convicted of a felony involving:
    (1) Child abuse or neglect;
    (2) Spousal abuse;
    (3) A crime against a child or children (including child 
pornography); or,
    (4) A crime involving violence, including rape, sexual assault, or 
homicide, but not including other physical assault or battery.
    (c) The State may not approve or license any prospective foster or 
adoptive parent, nor may the State claim FFP for any foster care 
maintenance or adoption assistance payment made on behalf of a child 
placed in a foster home operated under the auspices of a child placing 
agency or on behalf of a child placed in an adoptive home through a 
private adoption agency, if the State finds, based on a criminal records 
check conducted in accordance with paragraph (a) of this section, that a 
court of competent jurisdiction has determined that the prospective 
foster or adoptive parent has, within the last five years, been 
convicted of a felony involving:
    (1) Physical assault;
    (2) Battery; or,
    (3) A drug-related offense.
    (d)(1) The State may elect not to conduct or require criminal 
records checks on prospective foster or adoptive parents by:
    (i) Notifying the Secretary in a letter from the Governor; or
    (ii) Enacting State legislation.
    (2) Such an election also removes the State's obligation to comport 
with paragraphs (b) and (c) of this section.
    (e) In all cases where the State opts out of the criminal records 
check requirement, the licensing file for that foster or adoptive family 
must contain documentation which verifies that safety considerations 
with respect to the caretaker(s) have been addressed.
    (f) In order for a child care institution to be eligible for title 
IV-E funding, the licensing file for the institution must contain 
documentation which verifies that safety considerations with respect to 
the staff of the institution have been addressed.

[65 FR 4090, Jan. 25, 2000]