New York Codes, Rules and Regulations
Title 18 - DEPARTMENT OF SOCIAL SERVICES
Chapter II - Regulations of the Department of Social Services
Subchapter C - Social Services
Article 3 - Child-care Agencies
Part 443 - Certification, Approval and Supervision of Foster Family Boarding Homes
Section 443.8 - Criminal history record check
Universal Citation: 18 NY Comp Codes Rules and Regs § 443.8
Current through Register Vol. 47, No. 12, March 26, 2025
(a) An authorized agency must perform criminal history record checks with the Division of Criminal Justice Services and the Federal Bureau of Investigation regarding any prospective foster parent and each person over the age of 18 who is currently residing in the home of such prospective foster parent before the foster parent is finally approved or certified for the placement of a foster child.
(b) At the time a foster parent applies for renewal of his or her approval or certification, an authorized agency must perform a State and national criminal history record check with the Division of Criminal Justice Services in accordance with subdivision (d) of this section regarding each person over the age of 18, other than a foster parent certified or approved prior to January 11, 2007, who is currently residing in the home of such foster parent who has not previously had such criminal history record checks completed.
(c) With the exception of the requirement that a criminal history record check must be completed by the Federal Bureau of Investigation, the provisions of this sectional so apply to persons who were certified or approved as foster parents on or before February 11, 1999.
(d) Fingerprinting.
(1) The
authorized agency must obtain fingerprints of the prospective foster parent and
each other person over the age of 18 who currently resides in the home of such
prospective or existing foster parent in the form prescribed by the Office of
Children and Family Services, and such other information as is required by the
Office of Children and Family Services, the Division of Criminal Justice
Services and the Federal Bureau of Investigation.
(2) The authorized agency must provide the
applicant sufficient blank fingerprint cards and a description of how the
completed fingerprint cards will be used upon submission to the authorized
agency.
(3) The authorized agency
or its designee must promptly transmit such fingerprint cards to the Office of
Children and Family Services.
(4)
The Office of Children and Family Services will promptly submit the fingerprint
cards to the Division of Criminal Justice Services for its full search and
retain processing in regard to the State criminal history record check and for
the forwarding of the fingerprints to the Federal Bureau of Investigation. The
Office of Children and Family Services will also include the applicable fee
imposed by the Division of Criminal Justice Services and the Federal Bureau of
Investigation.
(5) No part of the
fee imposed for the processing of the fingerprints with the Division of
Criminal Justice Services or the Federal Bureau of Investigation will be
charged to the prospective or existing foster parent or any person over the age
of 18 who currently resides in the home of such prospective or existing foster
parent who submitted fingerprint cards pursuant to this subdivision.
(6) The Division of Criminal Justice Services
and the Federal Bureau of Investigation will promptly provide the Office of
Children and Family Services with a criminal history record, if any, on such
person.
(7)
(i) The Office of Children and Family
Services will review the criminal history record information provided by the
Division of Criminal Justice Services and the Federal Bureau of Investigation
and promptly provide the authorized agency, as defined in section
371
(10)(b) of the Social Services Law, with a
summary of the criminal history record and notify the authorized agency of the
actions that it must take regarding the person as set forth in subdivision (e)
of this section.
(ii) The Office of
Children and Family Services will review the criminal history record
information provided by the Division of Criminal Justice Services and promptly
provide the authorized agency, as defined in section
371
(10)(a) of the Social Services Law, with a
summary of the criminal history record and notify the authorized agency of the
actions it must take regarding the person as set forth in subdivision (e) of
this section.
(iii) The Office of
Children and Family Services will review the criminal history record
information provided by the Federal Bureau of Investigation and evaluate such
results in accordance with the standards set forth in subdivision (e) of this
section. The Office of Children and Family Services will inform the authorized
agency, as defined in section
371
(10)(a) of the Social Services Law, that the
application for certification or approval of the prospective foster parent
either:
(a) must be denied;
(b) must be held in abeyance pending
subsequent notification from the Office of Children and Family Services;
or
(c) that the Office of Children
and Family Services has no objection, solely based on the Federal Bureau of
Investigation criminal history record check, for the authorized agency to
proceed with a determination on such application based on the standards for
certification or approval of a prospective foster parent, as set forth in this
Part.
(e)
(1)
Except as set forth in this section, the authorized agency must deny an
application for certification or approval as a certified or approved foster
parent or deny an application for renewal of the certification or approval of
an existing foster parent submitted on or after October 1, 2008 or revoke the
certification or approval of an existing foster parent when a criminal history
record of the prospective or existing foster parent reveals a conviction for:
(i) a felony conviction at any time
involving:
(a) child abuse or
neglect;
(b) spousal
abuse;
(c) a crime against a child,
including child pornography; or
(d)
a crime involving violence, including rape, sexual assault, or homicide, other
than a crime involving physical assault or battery; or
(ii) a felony conviction within the past five
years for physical assault, battery, or a drug-related offense.
Notwithstanding any other provision to the contrary, with regard to a foster parent fully certified or approved prior to October 1, 2008, the provisions of this paragraph only apply to mandatory disqualifying convictions that occur on or after October 1, 2008.
(2) The authorized agency must hold the final
determination of an application for certification or approval of a prospective
or existing foster parent in abeyance whenever the criminal history record of
the prospective or existing foster parent reveals:
(i) a charge for a crime set forth in
paragraph (1) of this subdivision which has not been finally resolved;
or
(ii) a felony conviction that
may be for a crime set forth in paragraph (1) of this subdivision. An
authorized agency may proceed with a determination of such application, in a
manner consistent with this subdivision, only upon receiving subsequent
notification from the Office of Children and Family Services regarding the
status of such charge or the nature of such conviction.
(3) The authorized agency may deny an
application for certification or approval of a prospective foster parent or
deny the renewal or reapproval of an existing certification or approval of an
existing foster parent, consistent with the provisions of article 23-A of the
Correction Law, when:
(i) a criminal history
record of the prospective or existing foster parent reveals a charge or a
conviction of a crime other than one set forth in paragraph (1) of this
subdivision; or
(ii) a criminal
history record of any other person over the age of 18 who resides in the home
of the prospective or existing foster parent reveals a charge or a conviction
of any crime.
(f)
(1)
When an authorized agency, as defined in section
371
(10)(b) of the Social Services Law, denies an
application or revokes a certificate or approval pursuant to this section, the
authorized agency must provide the applicant or existing foster parent, to the
extent authorized by Federal and State law, a written statement setting forth
the reasons for such denial or revocation, including the summary of the
criminal history provided by the Office of Children and Family Services in
accordance with subdivision (c) of this section. The authorized agency must
also provide a description of the Division of Criminal Justice Services' and
the Federal Bureau of Investigation's record review process and any remedial
processes provided by the Office of Children and Family Services to any
prospective foster parent. If the applicant or existing foster parent is
disqualified under clause (e)(1)(i)(b) of this section for a
felony conviction of spousal abuse, then the applicant may apply to the Office
of Children and Family Services for an administrative hearing in accordance
with section
22 of the
Social Services Law for relief from the disqualification based on the grounds
that the offense was not spousal abuse as that term is defined in subdivision
(i) of this section.
(2) When an
authorized agency, as defined in section
371
(10)(a) of the Social Services Law, denies or
revokes a certificate or approval pursuant to this section based on criminal
history record information provided to the Office of Children and Family
Services by the Division of Criminal Justice Services, the authorized agency
must provide to the applicant or existing foster parent, to the extent
authorized by Federal and State law, a written statement setting forth the
reasons for such denial or revocation, including the summary of the criminal
history provided by the Office of Children and Family Services in accordance
with subdivision (c) of this section. The authorized agency must also provide a
description of the Division of Criminal Justice Services"TM record review
process and any remedial processes provided by the Office of Children and
Family Services to any prospective foster parent. If the applicant is
disqualified under clause (e)(1)(i)(b) of this section for a
felony conviction of spousal abuse, then the applicant may apply to the Office
of Children and Family Services for an administrative hearing in accordance
with section
22 of the
Social Services Law for relief from the disqualification based on the grounds
that the offense was not spousal abuse as that term is defined in subdivision
(i) of this section.
(3) Where the
Office of Children and Family Services directs an authorized agency, as defined
in section
371
(10)(a) of the Social Services Law, to deny
or revoke a certificate or approval based on the review and evaluation of a
criminal history record check by the Federal Bureau of Investigation, the
Office of Children and Family Services must also notify the applicant, foster
parent or other person over the age of 18 who currently resides in the home of
the applicant or foster parent whose criminal history was the basis for the
denial or revocation and must provide such prospective foster parent, foster
parent or other person a copy of the results of the Federal Bureau of
Investigation criminal history check and a written statement setting forth the
reasons for such denial or revocation. If the applicant or foster parent is
disqualified under clause (e)(1)(i)(b) of this section for a
felony conviction for spousal abuse, the applicant or foster parent may apply
to the Office of Children and Family Services through an administrative hearing
held in accordance with section
22 of the
Social Services Law for relief from the disqualification based on the grounds
that the offense was not spousal abuse as that term is defined in subdivision
(i) of this section.
(g)
(1) When a criminal history record of the
foster parent or of any other person over the age of 18 who resides in the home
of such foster parent reveals a charge or conviction of any crime, the
authorized agency must perform a safety assessment of the conditions in the
household. Such assessment must include:
(i)
whether the subject of the charge or conviction resides in the
household;
(ii) the extent to which
such person may have contact with foster children or other children residing in
the household; and
(iii) the
status, date and nature of the criminal charge or conviction.
(2) The authorized agency
thereafter must take all appropriate steps to protect the health and safety of
such child or children, including, when appropriate, the removal of any foster
child or children from the home. The authorized agency must document the safety
assessment and the steps and actions taken by the authorized agency to protect
the health and safety of the child.
(3) Where the authorized agency denies the
application or revokes the certification or approval of the foster parent in
accordance with the standards set forth in this section, such authorized agency
must remove any foster child or children from the home of the foster
parent.
(h) Confidentiality.
(1) Any criminal
history record information provided by the Division of Criminal Justice
Services or the Federal Bureau of Investigation, and any summary of the
criminal history record provided by the Office of Children and Family Services
to an authorized agency pursuant to this section, is confidential and is not
available for public inspection.
(2) Nothing in this subdivision prevents an
authorized agency, the Office of Children and Family Services or other State
agency referenced in paragraph (a) of subdivision two of section
378-a of
the Social Services Law from disclosing criminal history information to any
administrative or judicial proceeding relating to the denial or revocation of a
foster parent's certification or approval or the foster child's removal from
the home.
(3) Where there is a
pending court case, the authorized agency which received the criminal history
record summary from the Office of Children and Family Services must provide a
copy of such summary to the Family Court or Surrogate's Court.
(i) For the purposes of this section spousal abuse is an offense defined in section 120.05 or 120.10 of the Penal Law where the victim of such offense was the defendant's spouse; provided, however, spousal abuse does not include a crime in which the prospective or existing foster parent, who was the defendant, has received notice pursuant to this section and the Office of Children and Family Services finds after an administrative hearing held pursuant to section 22 of the Social Services Law, that he or she was the victim of physical, sexual or psychological abuse by the victim of such offense and such abuse was a factor in causing the prospective or existing foster parent to commit such offense.
(j) The authorized agency must inform the Office of Children and Family Services either through CONNECTIONS and any other means as prescribed by the Office of Children and Family Services when a person is no longer certified or approved as a foster parent.
Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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