(a) Prospective legal guardians, and other
adult household members, shall submit statements signed under penalty of law
indicating whether they were ever convicted of a crime, and provide consents to
conduct criminal history record checks, child abuse and neglect (CA/N) registry
checks, background checks, and any other checks as may be required by the
department or state or federal law. Such information and consents shall be
given upon forms supplied by the department.
(b) The department shall conduct criminal
history record checks, child abuse and neglect (CA/N) registry checks,
background checks, and any other checks deemed necessary of the prospective
legal guardians and other adult household members.
(1) The fingerprint-based FBI clearances for
the prospective legal guardians and adult household members shall be completed
in accordance with federal and state statutes and departmental
procedures.
(2) The check of the
state's child abuse and neglect registry for all adult household members,
including the registries in states where an adult resided within the preceding
five years, shall be completed in accordance with federal and state statutes
and departmental procedures.
(c) The prospective legal guardians and other
adult household members shall not have any of the following:
(1) A felony conviction, at any time, for
child abuse or neglect, for spousal abuse, for a crime against children
(including child pornography), or for a crime involving violence, including
rape, sexual assault, or homicide, but not including other physical assault or
battery; or
(2) A felony
conviction, within the last five years, for physical assault, battery, or a
drug-related offense;
(3)
Convictions of any other crimes, the circumstances of which indicate that the
prospective legal guardian or adult household member poses a risk to the
health, safety, or well-being of children;
(4) Except for felony convictions listed in
paragraphs (1) and (2), the type of criminal offense, when it occurred, and
evidence of rehabilitation may be considered in determining whether the
criminal history poses a risk to the health, safety, or well-being of children.
A single item of evidence, however, may not be conclusive evidence of
rehabilitation;
(5) An employment
history indicating violence, alcohol or drug abuse, and any other violation of
employer rule or policy, the circumstances of which indicate that the
prospective legal guardian or adult household member may pose a risk to the
health, safety, or well-being of children;
(6) Background information which shows that
the prospective legal guardian or adult household member has been identified as
and confirmed to be the maltreater of child abuse or neglect or whose parental
rights were terminated, may be a basis for denial unless there is a
determination by the department that the individual has established clear and
convincing evidence of rehabilitation and the individual has demonstrated the
ability to provide a safe family home for the child or children, or the
individual does not pose a risk to the health, safety, or well-being of a child
or children in the home.
