[Code of Federal Regulations]

[Title 45, Volume 4]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR1356.30]



[Page 312-313]

 

                        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, 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;



[[Page 313]]



    (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]