Current through August, 2024
(a) Applicants,
adult household members, and employees shall submit statements signed under
penalty of law indicating whether they were ever convicted of a crime, and
provide consents to conduct criminal history, child abuse and neglect (CA/N)
registry, background, and any other checks as may be required by the department
or state or federal laws. Such information and consents shall be given upon
forms supplied by the department.
(b) The agency receiving the application
shall conduct criminal history, child abuse and neglect (CA/N) registry checks,
background, and any other checks deemed necessary, such as employment checks,
on applicants, employees, and household members.
(1) Except for the Federal Bureau of
Investigations (FBI) clearances, these checks shall be completed prior to
provisional licensure of the child specific resource family home.
(2) The fingerprint-based FBI clearances for
adult household members shall be completed in accordance with federal and state
statutes and departmental procedures prior to full licensure of the
home.
(3) 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 prior to full licensure.
(4) Information regarding a person's child
abuse and neglect (CA/N) registry checks obtained from any other state shall
only be used for the purpose of conducting background checks for the licensing
of family resource homes. Any person who fails to safeguard confidential
information or who violates rules governing the confidential nature of
department information may be prosecuted for a violation pursuant to chapter
17-1601-13.
(c) The
resource family and all adult household members shall show evidence of being
well-adjusted persons and have sufficient ability, training, and experience in
caring for children and demonstrate the willingness and ability to work with
the agency and other agencies and organizations. They shall:
(1) Be responsible, stable, emotionally
mature individuals who exercise sound judgment and who can make appropriate
decisions;
(2) Know how to promote
positive self-esteem in children and how to help children develop healthy
personal relationships;
(3) Be
knowledgeable of and agree to use appropriate, non-physical means of
discipline;
(4) Have the capacity
to respect and accept into their families, persons of different backgrounds and
cultures;
(5) Accept and support a
child's ongoing relationship and family contact with the child's legal
custodian, family and relatives;
(6) Accept and support the department's
mandate to reunify children with their parents or out-of-home placement
preference for appropriate relatives.
(7) Accept that foster placements are not
permanent placements, but rather intended to be temporary until a child can be
reunited with their parents or placed with other extended family in a permanent
placement.
(8) Have an
understanding of a child's special needs and the ability to meet them;
and
(9) Not abuse substances, such
as illegal drugs or alcohol.
(d) The resource family and all adult
household members shall be of reputable and responsible character and shall not
have a criminal history record or background which poses a risk to the health,
safety, or well-being of children in care.
(1) The resource family and adult household
members shall not have any of the following:
(A) 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
(B) A felony
conviction, within the last five years, for physical assault, battery, or a
drug-related offense.
(2) Convictions of any other crimes, the
circumstances of which indicate that the resource family or adult household
member poses a risk to the health, safety, or well-being of children, may be
grounds for denial, revocation, or non-renewal of a certificate of approval,
according to departmental procedures.
(3) Except for felony convictions listed in
paragraph (1), 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.
(4) 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 applicant or adult
household member may pose a risk to the health, safety, or well-being of
children, may be grounds for denial or revocation or non-renewal of a
certificate of approval.
(5)
Background information which shows that the individual 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, revocation, or non-renewal of
a certificate of approval, 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.
(e) Information
which shows that any member of the household may pose a risk to the health,
safety, or well-being of a child, including, but not limited to repeated
allegations of child abuse and/or neglect, or arrests for offenses such as
driving under the influence, violations of protective orders or any sex crime
may be a basis for denial, revocation, or nonrenewal of a certificate of
approval. Evidence of rehabilitation may be considered in determining whether
the child abuse and/or neglect or 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.
(f) The resource family shall participate in
required trainings provided or approved by the department or agency.
