Children’s Bureau/ACYF/ACF/HHS

800.394.3366 | Email: info@childwelfare.gov | https://www.childwelfare.gov

STATE 

STATUTES

Current Through 

June 2015

Background Checks for 

Prospective Foster, Adoptive, 

and Kinship Caregivers

WHAT’S INSIDE

Who needs background 

checks

Types of records that 

must be checked

Process for obtaining 

background checks

Grounds for 

disqualification

Summaries of State laws

To find statute 

information for a 

particular State, 

go to 

https://www.childwelfare.

gov/topics/systemwide/

laws-policies/state/.

All States, the District of Columbia, Guam, the Northern 

Mariana Islands, and Puerto Rico have statutes or 

regulations requiring background investigations of 

prospective foster and adoptive parents. Many of these 

statutes also require background checks on any adult 

residing in the household of prospective foster and 

adoptive parents.

State statutes requiring background checks are 

supported by Federal law in title IV-E of the Social 

Security Act.1

1 See 42 U.S.C. 671(a)(20) (2015).

 Under Federal law, States are required to 

include in their title IV-E State plan provisions for 

completing all of the following:

 Criminal records checks, including fingerprint-based checks of 

national crime information databases, for any prospective foster or 

adoptive parent prior to approving the placement of a child, 

regardless of whether foster care maintenance payments or adoption 

assistance payments are to be made on behalf of the child

 Checks of any child abuse and neglect registry maintained by the 

State for information on any prospective foster or adoptive parent 

and on any other adult living in the home 

 Checks of the child abuse and neglect registry of any other State in 

which a prospective parent or other adult has resided in the preceding 

5 years

 Criminal records checks, including fingerprint-based checks of 

national crime information databases, on any relative guardian and 

any other adult living in the home of a relative guardian, before the 

relative guardian may receive kinship guardianship assistance 

payments on behalf of the child 
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Who Needs Background Checks

In all States, the District of Columbia, Guam, and 

Puerto Rico, State laws require background checks for 

all prospective foster and adoptive parents. Kinship 

caregivers typically must meet most of the same 

requirements for approval that nonrelative caregivers 

do, including background checks.2

2 States are allowed to waive nonsafety-related requirements, such as the size 

of bedrooms, when approving the placement of a child with a kin caregiver.

 However, laws in 

approximately 35 States and the District of Columbia 

specifically require background checks for prospective 

kinship caregivers.3

3 The word “approximately” is used to stress the fact that States frequently 

amend their laws. The information in this publication is current as of June 

2015. The States that require background checks for kin caregivers include 

Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, 

Delaware, Florida, Hawaii, Idaho, Illinois, Kansas, Kentucky, Louisiana, Maine, 

Maryland, Massachusetts, Minnesota, Mississippi, Missouri, Montana, Nevada, 

New Jersey, New Mexico, New York, Ohio, Oklahoma, Oregon, Rhode Island, 

South Carolina, Tennessee, Utah, Virginia, and Washington.

 In 48 States, all adults residing in the 

home of a prospective foster or adoptive parent also are 

subject to background checks.4

4 In all States except Delaware and Rhode Island.

In addition, all States, the District of Columbia, the 

Northern Mariana Islands, Puerto Rico, and the U.S. Virgin 

Islands require background checks for owners, operators, 

and employees of child care facilities. Laws in 28 States, 

the District of Columbia, and Puerto Rico, require checks 

for volunteers who will have direct contact with children at 

any of these facilities.5

5 In Alabama, Alaska, Arizona, Arkansas, California, Delaware, Florida, 

Georgia, Kansas, Louisiana, Maine, Michigan, Minnesota, Mississippi, Missouri

Montana, Nebraska, Nevada, New York, North Dakota, Oklahoma, Oregon, 

South Dakota, Tennessee, Utah, Vermont, Washington, and West Virginia.

, 

Other persons who must complete background checks 

include:

 Any person residing with another youth in a supervised 

Independent Living arrangement (in Indiana)

 Persons serving as mentors to transitioning youth 

(in Mississippi)

 Staff providing supervision and training for youth aged 

16 to 20 who are in an Independent Living preparation 

program (in South Dakota)

 All adults residing in a child’s home before the child 

can be reunited with his or her family (in Washington)

Types of Records That Must Be Checked

A criminal records check refers specifically to a check 

of the individual’s name in State, local, or Federal law 

enforcement agencies’ records, including databases of 

records, for any history of criminal convictions. All States, 

the District of Columbia, and Guam require checks of State 

criminal records as part of the background investigation 

of prospective foster and adoptive parents and other 

caregivers. Nearly all States also require checks of national 

criminal records.6

6 Arkansas and Ohio require a national records check only when the applicant 

has resided in the State for less than 5 years; Wisconsin requires a national records 

check for persons who have been State residents for less than 3 years. Vermont 

will require a national records check only when the State records check reveals no 

record of a conviction. Virginia will commence requiring national criminal records 

checks on July 1, 2017. West Virginia does not address the issue of national 

criminal records checks in statute.

 In addition, eight States, the District of 

Columbia, and Guam require checks of conviction data from 

other States in which the applicant may have resided.7

7 Florida, Indiana, Louisiana, Montana, New York, Oregon, Vermont, and 

Wisconsin.

All States, the District of Columbia, Guam, and Puerto Rico 

also require checks of the child abuse and neglect registries 

that are maintained by the State.8

8 Alabama requires child abuse and neglect registry checks for prospective foster 

parents only.

 In 30 States and the 

District of Columbia, checks of the child abuse and neglect 

registries of other States in which the applicant may have 

resided during the previous 5 years also are required.9

9 Alaska, Arkansas, California, Colorado, Georgia, Illinois, Indiana, Iowa, 

Kansas, Kentucky, Louisiana, Maryland, Massachusetts, Minnesota, Montana, 

New Hampshire, New Jersey, New Mexico, New York, North Carolina, North 

Dakota, Ohio, Oklahoma, Pennsylvania, South Dakota, Texas, Utah, Washington, 

Wisconsin, and Wyoming.

Other Required Checks

Some States require that checks of other types of records be 

included in the background investigation, including:

 State sex offender registries10

10 In 16 States: Alaska, Colorado, Illinois, Indiana, Iowa, Kentucky, Michigan, 

Mississippi, Nebraska, Oklahoma, Oregon, South Carolina, South Dakota, 

Tennessee, Texas, and Wisconsin; and Puerto Rico.

 Adult protective services records11

11 In six States: Alaska, Minnesota, Montana, Nebraska, Tennessee, and Utah.

 Juvenile court records12

12 In six States: Alaska, Minnesota, Montana, Nebraska, Tennessee, and Utah.

 Records of incidents of domestic violence13

13 In Montana and New Jersey.
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In addition, Oklahoma and the District of Columbia may 

require checks of the child abuse registries maintained 

by any unit of the U.S. Armed Forces; Oklahoma and Utah 

require criminal records checks of appropriate sources for 

any person who has recently resided outside of the United 

States; and South Dakota requires a check of the child 

abuse investigation records of any Tribal program.

Process for Obtaining Background 

Checks

Any person who is seeking approval to become a 

foster, adoptive, or kinship caregiver must submit an 

application for a criminal records check. The application 

may be submitted to the licensing agency or a local law 

enforcement agency. The application form will include the 

following:

 Information identifying the person, including the 

person’s complete name, date of birth, race, sex, and 

Social Security number

 Photo identification that verifies the above information

 Two sets of properly executed fingerprints

 A statement of all of the person’s criminal convictions 

other than minor traffic violations

 A signed statement permitting the release of the 

person’s records

The completed application is forwarded to the State 

police. The State police will conduct the search of the 

State criminal records and coordinate the submission to 

the Federal Bureau of Investigation of fingerprints and 

other information needed for a search of national criminal 

records databases.

Grounds for Disqualification

If a State is placing a child in a foster, adoptive, or relative 

guardianship home under title IV-E, approval of the home 

may not be granted if a criminal records check reveals any 

of the following:

 The applicant has ever been convicted of felony child 

abuse or neglect; spousal abuse; a crime against 

children (including child pornography); or a crime 

involving violence, including rape, sexual assault, or 

homicide, but not including other types of physical 

assault or battery. 

 The applicant has been convicted of a felony for 

physical assault, battery, or a drug-related offense 

within the past 5 years.14

14 See 42 U.S.C. 671(a)(20) (2015).

All States, the District of Columbia, and Puerto Rico will 

disqualify an applicant if he or she or any household 

member has ever been convicted of any crime that raises 

concerns that the person poses a risk to the safety and 

well-being of a child. In all States, the District of Columbia, 

and Puerto Rico, an applicant may be disqualified if he or 

she has a child abuse registry record of substantiated or 

founded child abuse or neglect. In 17 States and Puerto 

Rico, a person will not be approved if he or she is listed on 

a sex offender registry.15

15 Alabama, Alaska, California, Colorado, Illinois, Iowa, Kentucky, Michigan, 

Minnesota, Mississippi, Nebraska, Oklahoma, South Carolina, South Dakota, 

Tennessee, Texas, and Wisconsin.

In addition, most States list in their statutes specific 

crimes that will lead to disqualification. For example, 

approximately 48 States, the District of Columbia, and 

Puerto Rico will disqualify an applicant who has ever 

been convicted of felony child abuse or neglect; a crime 

against children including child pornography; or a crime 

of violence including rape, sexual assault, or homicide.16

16 All States except Hawaii and Missouri.

 A 

person who has ever been convicted of domestic violence 

will be disqualified in 38 States.17

17 Alabama, Alaska, Arizona, Arkansas, California, Colorado, Delaware, 

Florida, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, 

Minnesota, Mississippi, Montana, Nebraska, Nevada, New Jersey, New 

Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, Rhode Island, 

South Carolina, Texas, Utah, Vermont, Virginia, Washington, West Virginia, 

Wisconsin, and Wyoming.
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In 29 States and the District of Columbia, an applicant 

will be disqualified if he or she has been convicted of 

physical assault or battery within the past 5 years.18

18 Alabama, Alaska, Arkansas, California, Colorado, Connecticut, Delaware, 

Florida, Indiana, Kentucky, Maine, Maryland, Minnesota, Montana, Nebraska, 

Nevada, New Jersey, New Mexico, New York, North Carolina, Oklahoma, 

Oregon, Rhode Island, South Dakota, Utah, Washington, West Virginia, 

Wisconsin, and Wyoming.

Illinois will not consider an applicant for approval until 

10 years have elapsed since the date of conviction. In 

10 States and Puerto Rico, a person who has ever been 

convicted of assault or battery will not be approved.19

19 Arizona, Georgia, Louisiana, Massachusetts, Mississippi, Nebraska, Ohio, 

Pennsylvania, Rhode Island, and South Carolina.

 In 

32 States and the District of Columbia, an applicant will 

be disqualified if he or she has been convicted of drugrelated crime within the past 5 years.20

20 Alabama, Alaska, Arkansas, California, Colorado, Connecticut, Delaware, 

Florida, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, 

Minnesota, Montana, Nebraska (for a misdemeanor conviction only), Nevada, 

New Jersey, New Mexico, New York, North Carolina, Oklahoma, Oregon, 

Pennsylvania, South Dakota, Texas, Utah, Washington, Wisconsin, and 

Wyoming.

 In three States, 

10 years must have elapsed since the date of conviction 

before an applicant can be considered for approval.21

21 Illinois, Virginia, and West Virginia.

 In 

seven States and Puerto Rico, a person who has ever been 

convicted of a drug-related crime will not be approved.22

22 Arizona, Massachusetts, Mississippi, Nebraska (for a felony conviction), 

Ohio, Rhode Island, and South Carolina.

In six States, a person convicted of human, labor, or sex 

trafficking will not be approved.23

23 Arizona, Louisiana, Maryland, South Carolina, Texas, and Wisconsin.

 Louisiana will disqualify 

any person who has been convicted of rehoming a child. 

In most States, other crimes—including any crime of 

violence, arson, kidnapping, illegal use of weapons or 

explosives, fraud, or forgery—or property crimes such as 

burglary and robbery may lead to disqualification.

This publication is a product of the State Statutes 

Series prepared by Child Welfare Information 

Gateway. While every attempt has been made 

to be complete, additional information on these 

topics may be in other sections of a State’s code 

as well as agency regulations, case law, and 

informal practices and procedures.

Suggested Citation: 

Child Welfare Information Gateway. (2016). Background 

checks for prospective foster, adoptive, and kinship 

caregivers. Washington, DC: U.S. Department of Health 

and Human Services, Children’s Bureau.
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Alabama 

Who Needs Records Checks 

Citation: Ala. Code §§ 38-13-2; 38-12-3

The following persons or entities are required to undergo background checks:

• An applicant for license as a child care or adult care facility or a child-placing agency

• An applicant for employment or for a volunteer position to a Department of Human Resources (DHR) licensed child care or 

adult care facility

• An adult household member of a child care or adult care facility in a home setting

• An individual who submits an application for a volunteer position or for employment with DHR in a position in which the 

person has unsupervised access to children, adults, or individuals with disabilities as one of the essential functions of the job

• An applicant for approval as an adoptive parent of a child or as a foster parent of an adult or child

A person may become a kinship foster parent only upon the completion of an investigation to ascertain if there is a State or Federal 

record of criminal history for the prospective kinship foster parent or any other adult residing in the prospective foster parent’s home. 

Types of Records That Must Be Checked

Citation: Ala. Code § 38-13-2; Admin. Code r. 660-5-29-.02 

A criminal history background information check includes a review of any and all records containing any information collected and 

stored in the criminal record repository of the Federal Bureau of Investigation, the Alabama Criminal Justice Information Center, and 

the Alabama Department of Public Safety involving an arrest or conviction by a criminal justice agency, including, but not limited to, 

child abuse crime information as defined by 42 U.S.C. § 5119, the National Child Protection Act of 1993, conviction record information, 

fingerprint cards, correctional data and release information, and identifiable descriptions and notations of convictions.

In regulation: For approval as a foster parent, an applicant and each adult household member shall submit a completed request for 

clearance of State central registry on child abuse and neglect. 

Process for Obtaining Records Checks

Citation: Admin. Code r. 660-5-29-.02 

At the time of initial application, an applicant and each adult household member shall submit a completed request for clearance 

of the State central registry on child abuse and neglect. The applicant also shall obtain a completed request for clearance of the 

central registry for each caregiver, substitute, volunteer, domestic worker, and any other person who has contact with the children or 

unsupervised access to the children. Completed forms shall be submitted to the department. A subsequent request for clearance of 

the State central registry may be requested by the department at any time.

Each applicant, licensee, adult household member, substitute, caregiver, volunteer, domestic worker, as well as any other person 

who has contact with the children or unsupervised access to the children shall submit to the Alabama Bureau of Investigation, 

Department of Public Safety, as instructed by the department, a request for a criminal history background information check 

accompanied by the following:

• Fingerprints, properly executed by a law enforcement agency or an individual properly trained in fingerprinting techniques

• Written consent from the applicant, licensee, each adult household member, substitute, caregiver, volunteer, domestic worker, 

as well as any other person who has contact with the children or unsupervised access to the children, for the release of the 

criminal history background information to DHR

• The required fee, unless the fee is to be paid by the department

• Identification verification of name, date of birth, race, sex, and Social Security number in the form of a photo identification 

from any governmental agency, such as a driver’s license, nondriver’s identification, or program participation card

A copy of the identification verification shall be kept on file in the DHR county office or the child-placing agency. 

Grounds for Disqualification

Citation: Ala. Code § 38-13-2

Convictions for any of the following crimes shall make an individual unsuitable for employment, volunteer work, approval, or 

licensure:

• Murder, manslaughter, or criminally negligent homicide

• A sex crime, including: 

» Enticing a child to enter a vehicle, room, house, office, or any other place for immoral purposes

» Incest, when the offender is an adult and the victim is a minor
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» Kidnapping of a minor, except by a parent, in the first or second degree

» Promoting prostitution, rape, sexual misconduct, sexual torture, sexual abuse, or sodomy

» Soliciting a child by computer for the purposes of committing a sexual act and transmitting obscene material to a child by 

computer

» Violation of the Alabama Child Pornography Act

» Any solicitation, attempt, or conspiracy to commit any of the offenses listed above

» A crime listed in the Alabama Sex Offender Registration and Community Notification Act (title 15, chapter 20)

• A crime that involves the physical or mental injury or maltreatment of a child, the elderly, or an individual with disabilities

• A crime committed against a child

• A crime involving the sale or distribution of a controlled substance

• Robbery

• A crime or offense committed in another State or under Federal law that would constitute any of the above crimes in this State

Conviction for any crime listed in the Adoption and Safe Families Act, 42 U.S.C. § 671(a)(20) shall disqualify a person from being 

approved or continuing to be approved as a foster parent or adoptive parent, and a convicted person shall be deemed unsuitable for 

employment, volunteer work, approval, or licensure as a foster parent or adoptive parent.

The department may set other disqualifying convictions by rule under the Administrative Procedure Act for DHR-licensed child or 

adult care facilities. 

Alaska 

Who Needs Records Checks

Citation: Alaska Stat. § 47.14.100; Admin. Code Tit. 7, §§ 56.550; 56.660; 57.315; 10.900 

For the purpose of determining whether the home of a relative meets the requirements for placement of a child, the Department of 

Health and Social Services shall conduct a criminal background check from State and national criminal justice information.

In regulation: An agency shall conduct a home study that includes background checks on the following persons:

• All adults living in the home of an applicant being considered as a foster family home or foster group home

• All adults living in the home of a family being considered as an adoptive or guardianship home

• An individual associated with a child care facility

Requirements for background checks also apply to an entity or individual service provider seeking licensure, certification, approval, 

or a finding of eligibility to receive payments from the department. Each individual who is to be associated with the entity or provider 

must be checked if that individual is age 16 or older and will be associated with the entity or provider as an individual service 

provider or an employee, independent contractor, or unsupervised volunteer if that individual has regular contact with recipients of 

services. 

Types of Records That Must Be Checked

Citation: Admin. Code Tit. 7 §§ 10.910; 10.915; 10.955 

An individual listed above must request a criminal history check or provide proof of a valid fingerprint-based criminal history check. 

The department will screen a request for a criminal history check through:

• The centralized registry established under title 7, § 10.955 to determine whether a barrier condition exists for the individual 

who is the subject of the criminal history check

• The registry of certified nurse aides

• The central registry of sex offenders and child kidnappers

• The U.S. Department of Health and Human Services, Office of the Inspector General database of individuals and entities 

excluded under 42 U.S.C. §§ 1320a-7 and 1320c-5 (§§ 1128 and 1156 of the Social Security Act)

• Any other registry or database determined by the department to be relevant to the screening being conducted, including any

registry or database maintained by another State where that individual has resided

The department also will review the criminal justice information supplied by the Department of Public Safety, court, or other 

applicable government agency records, and the national criminal history record check supplied by the Federal Bureau of 

Investigation, to determine whether a barrier crime exists for the individual who is the subject of the criminal history check.

The department also shall check an applicant’s name in its centralized registry to determine whether that individual’s name appears 

on the centralized registry because of a matter involving the abuse, neglect, or exploitation of a child or vulnerable adult. 
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Process for Obtaining Records Checks

Citation: Admin. Code Tit. 7, §§ 10.910; 10.915 

Each request for a criminal history check must include the following:

• A release of information authorization, on a form provided by the department, signed by the individual for whom the request 

is submitted

• A signed authorization form permitting the department to mark the individual’s name in the Alaska Public Safety Information 

Network (APSIN)

• Two sets of fingerprints

• A signed statement from the individual who took the fingerprints, attesting that at least one government-issued picture 

identification was used to verify the identity of the individual fingerprinted

• The fees required by the Department of Public Safety

• An additional $25 application fee

If, after reviewing all available information described above, the department determines that a barrier crime or condition does not 

exist, the department will notify the entity or provider that submitted the request and the individual who was the subject of the 

criminal history check that the individual passed the criminal history check.

For each request for a criminal history check, the department will mark in APSIN the name of the individual who was the subject 

of the criminal history check. If the department receives notification under APSIN of law enforcement activity for an individual, 

the department will review the information. If the department determines that the activity creates a barrier, the department will 

immediately notify the entity or provider and the individual. The department will include in the notification information that:

• The department intends to revoke the valid criminal history check.

• The individual may request reconsideration if the individual believes there was an error in the information relied upon by the 

department.

• If the individual wishes to disclose the barrier crime or condition to the entity or provider, the entity or provider may request a 

variance.

Grounds for Disqualification

Citation: Admin. Code Tit. 7, §§ 10.905; 10.955 

A barrier crime is a criminal offense that is inconsistent with the standards for licensure, certification, or approval. The following are 

permanent barrier crimes, including the attempt, solicitation, or conspiracy to commit any of the following crimes or to violate a law 

or ordinance of this or another jurisdiction with similar elements:

• A felony offense against a person or a crime involving domestic violence

• A felony that involves a victim who was a child under age 18 years at the time of the conduct, including a crime involving a 

perpetrator who was a person responsible for the child’s welfare

• Third-degree assault

• Indecent exposure

• Arson

• Endangering the welfare of a child or vulnerable adult

• Failure to register as a sex offender or child kidnapper

• Distribution of child pornography

• Promoting prostitution

• Any sex offense that is not already listed above

• Two or more class B felonies that are not listed above

The following are 10-year barrier crimes:

• Stalking

• An offense against property, including theft, fraud, burglary, criminal mischief, or forgery

• Terroristic threatening, if it is a crime involving domestic violence

• An offense against public order, including misconduct involving weapons and criminal possession of explosives

• Promoting prostitution, if the person who was induced to engage in prostitution was age 18 or older

• A crime involving a controlled substance

• Delivery of an imitation controlled substance to a minor
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The following are 5-year barrier crimes:

• An offense against the person, including fourth-degree assault, reckless endangerment, custodial interference, or coercion

• Second-degree endangering the welfare of a child

• Contributing to the delinquency of a minor

• Failure to report a violent crime committed against a child

• Cruelty to animals

• Fourth-degree drug-related offense

The following are 3-year barrier crimes:

• Third-degree theft 

• Criminal trespass

• Violating a protective order

• Interfering with a report of a crime involving domestic violence

The following are 1-year barrier crimes:

• Fifth-degree criminal mischief

• Unlawful contact in the first or second degree

• Harassment, if it is a crime involving domestic violence

If an individual is also subject to Federal criminal history check requirements, and the Federal standards, including standards related 

to civil findings, are more stringent than those set out in this section, the Federal standards apply.

An individual whose name appears on the centralized registry with regard to a substantiated case of child abuse or neglect may not 

be approved as foster, adoptive, or guardianship caregiver or be associated with an entity or individual service provider unless a 

variance is granted under 7 AAC 10.935. 

American Samoa 

Who Needs Records Checks

Citation: A.S. Code § 45.0414 

A written report must be prepared assessing the suitability of an adoption petitioner. 

Types of Records That Must Be Checked

Citation: A.S. Code § 45.0414 

In placements by the Department of Health or a child-placing agency, a written report shall be filed that assesses the moral integrity 

of the petitioner and the ability of the petitioner to promote the welfare of the child. 

Process for Obtaining Records Checks

This issue is not addressed in the statutes reviewed. 

Grounds for Disqualification

This issue is not addressed in the statutes reviewed. 

Arizona 

Who Needs Records Checks 

Citation: Rev. Stat. §§ 8-112; 8-509; 8-514.03; 41-1750 

Background checks must be completed for the following persons:

• A prospective adoptive parent and each adult who is living permanently with the prospective adoptive parent, except a birth 

or legal parent with custody of the child

• A prospective foster parent and each other adult member of the household

• A kinship foster care parent applicant who is not a licensed foster care parent and each member of the applicant’s household 

who is at least age 18

• Custodians or prospective custodians of juveniles, including parents, relatives, and prospective guardians

• All current and prospective employees, contractors, and volunteers of a nonprofit organization that interacts with children or 

vulnerable adults
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Types of Records That Must Be Checked

Citation: Rev. Stat. § 8-112

A background check includes:

• A State and Federal criminal records check 

• A central registry records check, including any history of child welfare referrals

Process for Obtaining Records Checks

Citation: Rev. Stat. §§ 41-1758.02; 41-1758.03

When a person is in need of a criminal background clearance, the person, provider, or agency shall submit a full set of fingerprints 

to the Fingerprinting Division in the Department of Public Safety. If the person can present a valid fingerprint clearance card or 

credible documentation that the person’s application for a fingerprint clearance card is pending, the person, provider, or agency is 

not required to submit another application for a fingerprint clearance card. The division may exchange this fingerprint data with the 

Federal Bureau of Investigation.

On receiving the State and Federal criminal history record of a person, the division shall compare the record with the list of criminal 

offenses that preclude the person from receiving a fingerprint clearance card. If the person’s criminal history record does not contain 

any of the offenses listed below, the division shall issue the person a fingerprint clearance card. 

Grounds for Disqualification

Citation: Rev. Stat. § 41-1758.03

A person is precluded from receiving a fingerprint clearance card if he or she is subject to registration as a sex offender in this State 

or any other jurisdiction or has been convicted of committing or attempting, soliciting, facilitating, or conspiring to commit, in this 

State or another State or jurisdiction, one or more of the following offenses:

• Sexual abuse of a vulnerable adult

• Incest

• Murder

• Sexual assault

• Sexual exploitation of a minor or vulnerable adult

• Child prostitution or child abuse

• Sexual conduct with a minor

• Molestation of a child or vulnerable adult

• A dangerous crime against children

• Exploitation of minors involving drug offenses

• Taking a child for the purpose of prostitution

• Neglect or abuse of a vulnerable adult

• Sex trafficking

• Sexual abuse

• Production, publication, sale, possession, and presentation of obscene items

• Furnishing harmful items to minors

• Furnishing harmful items to minors by Internet activity

• Obscene or indecent telephone communications to minors for commercial purposes

• Luring a minor for sexual exploitation

• Enticement of persons for purposes of prostitution

• Detention of persons in a house of prostitution for debt

• Pandering

• Transporting persons for the purpose of prostitution, polygamy, and concubinage

• Admitting minors to public displays of sexual conduct

• Unlawful sale or purchase of children

• Child bigamy

• Trafficking of persons for forced labor or services
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This publication is available online at https://www.childwelfare.gov/topics/systemwide/laws-policies/statutes/background/.

A person is precluded from receiving a fingerprint clearance card for any of the following offenses, except that the person may 

petition for a good cause exception pursuant to § 41-619.55:

• Manslaughter or negligent homicide

• Endangerment

• Threatening or intimidating

• Assault

• Unlawfully administering intoxicating liquors, narcotic drugs, or dangerous drugs

• Assault by vicious animals

• Drive-by shooting

• Assaults on officers or firefighters

• Discharging a firearm at a structure

• Indecent exposure or public sexual indecency

• Aggravated criminal damage

• Theft

• Forgery or criminal impersonation

• Theft of a credit card or obtaining a credit card by fraudulent means

• Misconduct involving weapons or explosives

• Drug-related offenses

• Adding poison or other harmful substance to food, drink, or medicine

• Criminal trespass

• Robbery or burglary

• Child neglect

• Contributing to the delinquency of a minor

• Domestic violence

• Arson

• Kidnapping

• Felony offe

sell, transport, or distribute marijuana, 

nses involving the sale, distribution, or transportation of; the offer to sell, transport, or distribute; or conspiracy to 

dangerous drugs, or narcotic drugs

• Criminal damage

• Misappropriation of charter school monies

• Taking the identity of another person or entity

• Trafficking in the identity of another person or entity

• Cruelty to animals

• The sale or distribution of material harmful to minors through vending machines 

• Welfare fraud

Arkansas 

Who Needs Records Checks

Citation: Ann. Code § 9-28-409; Admin. Rules 016 15 CARR 017; 016 22 CARR 003; 016 22 CARR 004 

Child maltreatment registry checks are required for the following persons in a child welfare agency:

• An employee, volunteer, owner, or agency board member having direct and unsupervised contact with children

• A foster parent and all household members age 14 and older, excluding children in foster care

• An adoptive parent and all household members age 14 and older, excluding children in foster care

Criminal records checks are required for the following persons in a child welfare agency:

• An employee, volunteer, owner, or agency board member having direct and unsupervised contact with children

• Foster parents, house parents, and each member of the household age 18 1/2 and older, excluding children in foster care

• Adoptive parents and each member of the household age 18 1/2 and older, excluding children in foster care

In regulation: Background checks are required for any relative or fictive kin who will be providing foster care. Records checks also are 

required for all owners, operators, and staff members of child care centers and home-based child care givers. 
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Types of Records That Must Be Checked

Citation: Ann. Code § 9-28-409

A check of the central registry for reports of child maltreatment must be completed in the person’s State of residence and any State 

of residence in which the person has lived for the past 5 years and in the person’s State of employment, if different. All persons 

required to be checked with the registry shall repeat the check at a minimum of every 2 years, including adoptive parents who reside 

in Arkansas pending court issuance of a final decree of adoption, at which point repeat checks shall no longer be required.

Any person listed above shall be checked with the Identification Bureau of the Department of Arkansas State Police to determine if 

the person has pleaded guilty or nolo contendere to or has been found guilty of the offenses listed below. All persons required to 

be checked with the Department of Arkansas State Police shall repeat the check at a minimum of every 5 years, except that adoptive 

parents who reside in Arkansas shall repeat the check every 2 years pending court issuance of a final decree of adoption, at which 

point repeat checks shall no longer be required.

Each person listed above who has not lived in Arkansas continuously for the past 5 years shall have a fingerprint-based criminal 

background check performed by the Federal Bureau of Investigation in compliance with Federal law and regulation. 

Process for Obtaining Records Checks

Citation: Ann. Code § 9-28-409

Each person required to have a criminal records check shall complete a criminal records check form developed by the Department of 

Human Services and shall sign the form that contains the following under oath before a notary public:

• Certification that the person consents to the completion of the check

• Certification that the person has not pleaded guilty or nolo contendere to or been found guilty of a crime, and if the subject of 

the check has been convicted of a crime, contains a description of the crime and the particulars of the conviction

• Notification that the person may challenge the accuracy and completeness of any information in any report and obtain 

a prompt determination as to the validity of the challenge before a final determination is made concerning his or her 

employment or licensing status

• Notification that the person may be denied a license or exemption to operate a child welfare agency or may be denied 

unsupervised access to children in the care of a child welfare agency due to information obtained by the check that indicates 

that the subject of the check has pleaded guilty or nolo contendere to or been found guilty of or is under pending indictment 

for a crime listed below

• Notification that any background check and the results thereof shall be handled in accordance with the requirements of 

P.L. 92-544

The owner or operator of the child welfare agency shall submit the criminal records check form to the Identification Bureau of the 

Department of Arkansas State Police for processing within 10 days of hiring the employee or volunteer, who shall remain under 

conditional employment or volunteerism until the required checks are completed.

In the event a legible set of fingerprints cannot be obtained after a minimum of two attempts by qualified law enforcement 

personnel, the board shall determine eligibility based upon a name check by the Department of Arkansas State Police and the 

Federal Bureau of Investigation. 

Grounds for Disqualification

Citation: Ann. Code § 9-28-409

Any person required to be checked who is found to have any record of child maltreatment in the official record of the registry shall be 

reviewed by the owner or operator of the facility in consultation with the board to determine appropriate corrective action measures 

that would indicate, but are not limited to, training, probationary employment, or nonselection for employment.

A person who is required to have a criminal records check shall be absolutely and permanently prohibited from having direct and 

unsupervised contact with a child in care if that person has been found guilty of any of the following offenses:

• Felony abuse of an endangered or impaired person

• Arson

• Murder

• Endangering the welfare of an incompetent person in the first degree

• Kidnapping

• Rape or sexual assault
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Except as provided below, a person shall not be eligible to have direct and unsupervised contact with a child in care if that person 

has been found guilty of any of the following offenses:

• Assault, aggravated assault, aggravated assault on a family or household member, or battery

• Breaking or entering; burglary

• Coercion

• Computer crimes against minors

• Contributing to the delinquency of a minor

• Criminal impersonation

• Criminal use of a prohibited weapon

• Communicating a death threat concerning a school employee or student

• Domestic battery

• Employing or consenting to the use of a child in a sexual performance

• Endangering the welfare of a minor or an incompetent person

• Engaging children in sexually explicit conduct for use in visual or print media

• False imprisonment

• Felony abuse of an endangered or impaired person

• Felony interference with a law enforcement officer

• A drug-related felony

• Financial identity fraud or forgery

• Incest

• Interference with court-ordered custody or visitation

• Introduction of a controlled substance into the body of another person

• Manslaughter or negligent homicide

• Obscene performance at a live public show

• Cruelty to animals

• Pandering or possessing visual or print medium depicting sexually explicit conduct involving a child

• Sexual solicitation

• Permanent detention or restraint

• Permitting the abuse of a minor

• Producing, directing, or promoting a sexual performance by a child

• Promoting obscene materials, an obscene performance, or prostitution

• Prostitution

• Public display of obscenity

• Resisting arrest

• Robbery or theft

• Simultaneous possession of drugs and firearms

• Soliciting money or property from incompetents

• Stalking

• Terroristic act or threatening

• Transportation of minors for prohibited sexual conduct

• Unlawful discharge of a firearm from a vehicle

• Voyeurism

A person who has been found guilty of one of the offenses listed above shall be disqualified unless:

• The date of the finding of guilt for a misdemeanor offense is at least 5 years from the date of the records check.

• There have been no criminal convictions of any type or nature during the 5-year period preceding the background check 

request.
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California 

Who Needs Records Checks

Citation: Hlth. & Saf. Code §§ 1522; 1522.1; 1596.871; Fam. Code § 8730 

The following persons or entities are required to have records checks:

• Applicants for licensure or approval to provide direct care services in a community care facility, foster family home, or a 

certified family home of a licensed foster family agency

• Any person, other than a client, residing in the facility or certified family home 

• Any staff person, volunteer, or employee who has contact with the clients

• Any prospective licensed or certified foster parent, adoptive parent, or any person age 18 or older residing in the household

• A person seeking licensure or approval to operate or provide direct care services in a child care center or family child care 

home

Records checks also are required as part of an abbreviated adoption home study assessment for any of the following:

• A licensed or certified foster parent with whom the child has lived for a minimum of 6 months

• An approved relative caregiver or nonrelated extended family member with whom the child has had an ongoing and 

significant relationship

• A court-appointed relative guardian of the child who has been investigated and approved pursuant to the guardianship 

investigation process and has had physical custody of the child for at least 1 year

• A prospective adoptive parent who has completed an agency-supervised adoption within the last 2 years

Types of Records That Must Be Checked

Citation: Hlth. & Saf. Code §§ 1522; 1522.1

The following checks are required:

• A fingerprint-based State and Federal criminal records checks

• The previous employment history of persons required to be fingerprinted

• A check of the Child Abuse Central Index

• A check of the child abuse and neglect registry for any prospective foster parent, adoptive parent, or household member age 

18 or older who has lived in another State in the preceding 5 years 

Process for Obtaining Records Checks 

Citation: Hlth. & Saf. Code § 1522

An individual shall be required to obtain either a criminal record clearance or a criminal record exemption from the Department of 

Social Services before his or her initial presence in a community care facility or certified family home.

The department shall secure from an appropriate law enforcement agency a criminal record to determine whether the applicant or 

any other person has ever been convicted of a crime other than a minor traffic violation. The criminal history information shall include 

the full criminal record, if any, of those persons, and subsequent arrest information pursuant to § 11105.2 of the Penal Code.

In addition, an applicant shall submit fingerprint images and related information to the Department of Justice for the purpose of 

searching the criminal records of the Federal Bureau of Investigation.

The Department of Social Services shall develop procedures to provide the individual’s State and Federal criminal history information 

with the written notification of his or her exemption denial or revocation based on the criminal record. Receipt of the criminal history 

information shall be optional on the part of the individual, as set forth in the agency’s procedures. The procedure shall protect the 

confidentiality and privacy of the individual’s record, and the criminal history information shall not be made available to the employer. 

Grounds for Disqualification

Citation: Hlth. & Saf. Code § 1522; Fam. Code § 8712

The department shall determine whether the applicant or any adult member of the applicant’s household has ever been convicted of 

a crime other than a minor traffic violation or arrested for any crime specified in § 290 of the Penal Code, for violating 

§§ 245, 273.5, 273a(b), or 273a(2) of the Penal Code, or for any crime for which the department cannot grant an exemption if the 

person was convicted and has not been exonerated. These offenses include:

• Offenses for which a person must register with the sex offender registry, including kidnapping, rape, sodomy, sexual battery, 

child pornography, and child sexual exploitation

• Assault with a deadly weapon
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• Infliction of injury on a present or former spouse or cohabitant or parent of a child

• Endangering a child or causing or permitting a child to suffer physical pain, mental suffering, or injury

Prior to granting a license to any individual to care for children, the department shall check the Child Abuse Central Index. The 

department shall not deny a license based upon a report from the Child Abuse Central Index unless child abuse or severe neglect is 

substantiated.

Under no circumstance shall an adoptive placement be approved when the prospective adoptive parent or any adult living in the 

home has either of the following:

• Any felony conviction for child abuse or neglect; spousal abuse; crimes against a child, including child pornography; or for a 

crime involving violence, including rape, sexual assault, or homicide, but not including other physical assault and battery

• A felony conviction that occurred within the past 5 years for physical assault, battery, or a drug- or alcohol-related offense

Colorado 

Who Needs Records Checks 

Citation: Rev. Stat. §§19-5-207; 26-6-104; 26-6-107

Records checks are required for the following persons:

• Prospective adoptive parents

• Applicants for licensure to operate a family child care home, a foster care home, a child care center, a residential child care 

facility, a secure residential treatment center, or a child-placing agency

• Persons applying to be a foster care home or kinship foster care home and all adults living in the home

Types of Records That Must Be Checked 

Citation: Rev. Stat. § 26-6-104(7)

The records that need to be checked include:

• A fingerprint-based criminal history record check to determine if the applicant or adult residing in the home has been 

convicted of any of the crimes listed below

• A check of the ICON system at the State Judicial Department to determine the status or disposition of any pending criminal 

charges brought against the applicant or adult who resides in the home that were identified by the fingerprint-based criminal 

history record check through the Colorado Bureau of Investigation (CBI) and the Federal Bureau of Investigation (FBI)

• A check of the State department’s automated database for information to determine if the applicant or adult who resides in 

the home has been identified as having a finding of child abuse or neglect and whether such finding has been determined to 

present an unsafe placement for a child

• A check against the State’s sex offender registry and against the national sex offender public registry operated by the 

U.S. Department of Justice for names and addresses in the registries and the interactive database system for Colorado to 

determine if the applicant or adult who resides at the home is a registered sex offender

In addition to the fingerprint-based criminal history record check, the county department or child-placing agency shall contact the 

appropriate entity in each State in which the applicant or any adult residing in the home has resided within the preceding 5 years to 

determine whether the individual has been found to be responsible in a confirmed report of child abuse or neglect. 

Process for Obtaining Records Checks 

Citation: Rev. Stat. §§ 26-6-107; 19-5-207

The department shall require each adult who is age 18 and older, including, but not limited to, the applicant, any owner, employee, 

newly hired employee, licensee, and any adult who is age 18 and older who resides in the licensed facility to obtain a fingerprintbased criminal history records check to determine whether the person being investigated has been convicted of any of the criminal 

offenses listed below or any other felony.

For all applicants applying to be a foster care home or kinship foster care home, regardless of reimbursement, the county 

department or child-placing agency shall require each adult who is age 18 or older and who resides in the home to obtain a 

fingerprint-based criminal history record check through the CBI and the FBI. The applicant must provide the county department or 

child-placing agency with the addresses where the applicant and any adult residing in the home has lived in the preceding 5 years, 

including addresses from other States. 
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In all petitions for adoption, a prospective adoptive parent shall obtain fingerprint-based criminal history record checks through the 

CBI and the FBI. A prospective adoptive parent shall be responsible for providing a complete set of fingerprints to the CBI and for 

obtaining the fingerprint-based criminal history record checks. The prospective adoptive parent shall also be responsible for the cost 

of the criminal history record checks. 

Grounds for Disqualification

Citation: Rev. Stat. §§ 26-6-104(7); 19-5-207

A foster care applicant will not be approved when the applicant, or a person who resides with the applicant at the facility has been 

convicted of:

• Child abuse

• A crime of violence, as defined in § 18-1.3-406

• Any felony offense involving unlawful sexual behavior

• Any felony that includes an act of domestic violence

• Any felony involving physical assault, battery, or a drug-related offense within the 5 years preceding the date of application for 

a license or certificate

• A pattern of misdemeanor convictions within the 10 years immediately preceding the submission of the application

• Any offense in any other State, the elements of which are substantially similar to the elements of any one of the offenses 

described above

A prospective adoptive parent may be disqualified if the results of the criminal records check indicate that he or she or any adult 

residing in the home have been convicted at any time of a felony or misdemeanor in one of the following areas:

• Child abuse or neglect

• Spousal abuse

• Any crime against a child, including, but not limited to, child pornography

• Any crime that includes an act of domestic violence

• Violation of a protection order

• Any crime involving violence, rape, sexual assault, or homicide

• Any felony physical assault or battery conviction or felony drug-related conviction within, at a minimum, the past 5 years

An applicant also may be disqualified if a check of child maltreatment registries reveals that the prospective adoptive parent or 

parents or any adult residing in the home has been found to be responsible in a confirmed report of child abuse or neglect. 

Connecticut 

Who Needs Records Checks 

Citation: Gen. Stat. §§ 17a-114; 17b-749k 

No child in the custody of the Commissioner of Children and Families shall be placed with any person, including an applicant for 

foster care licensure, unless that person is licensed for that purpose by the department or the Department of Developmental 

Services, or the person’s home is approved by a licensed child-placing agency. Any person licensed by the department may be a 

prospective adoptive parent. 

The Commissioner of Early Childhood shall, within available appropriations, require any person, other than a relative, providing child 

care services to a subsidy-eligible child to submit to State and national criminal history records checks. The criminal history records 

checks required pursuant to this subsection shall be conducted in accordance with § 29-17a. The commissioner also shall request a 

check of the State child abuse registry established pursuant to § 17a-101k.

Types of Records That Must Be Checked 

Citation: Gen. Stat. § 17a-114 

The commissioner shall require each applicant for licensure and any person age 16 or older living in the household of the applicant to 

submit to State and national criminal history records checks prior to issuing a license to the applicant to accept placement of a child. 

The criminal history records checks shall be conducted in accordance with § 29-17a. The commissioner also shall check the State child 

abuse registry for the name of the applicant and for the name of any person age 16 or older living in the household of the applicant. 
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Process for Obtaining Records Checks

Citation: Gen. Stat. § 29-17a

When a criminal history records check is required, the check shall be requested from the State Police Bureau of Identification 

and shall be applicable to the individual identified in the request. The requesting party shall arrange for the fingerprinting of the 

individual or for conducting any other method of positive identification required by the State Police Bureau of Identification and, 

if a national criminal history records check is requested, by the Federal Bureau of Investigation. The fingerprints or other positive 

identifying information shall be forwarded to the State Police Bureau of Identification, which shall conduct a State criminal history 

records check. If a national criminal history records check is requested, the State Police Bureau of Identification shall submit the 

fingerprints or other positive identifying information to the Federal Bureau of Investigation for a national criminal history records 

check, unless the Federal Bureau of Investigation permits direct submission of the fingerprints or other positive identifying 

information by the requesting party. 

Grounds for Disqualification

Citation: State Agencies Regs. § 17a-150-110; 17a-114-16 

The granting of a license or approval shall be denied if any member of the household of a foster family or prospective adoptive 

family:

• Has been convicted of injury or risk of injury to minor or other similar offenses against a minor

• Has been convicted of impairing the morals of a minor or other similar offenses against a minor

• Has been convicted of violent crime against a person or other similar offenses

• Has been convicted of the possession, use, or sale of controlled substances within the past 5 years

• Has been convicted of illegal use of a firearm or other similar offenses

• Has ever had an allegation of child abuse or neglect substantiated

• Has had a minor removed from their care because of child abuse or neglect

The renewal of a license or approval may be denied if any member of the household of a foster family or prospective adoptive family:

• Has been convicted of injury or risk of injury to a minor or other similar offenses against a minor

• Has been convicted of impairing the morals of a minor or other similar offenses against a minor

• Has been convicted of violent crime against a person or other similar offenses

• Has been convicted of the possession, use, or sale of controlled substances

• Has been convicted of illegal use of a firearm or other similar offenses

• Has ever had an allegation of child abuse or neglect substantiated

• Has had a minor removed from their care because of child abuse or neglect

The granting or renewal of a license or approval may be denied if any member of the household of a foster family or prospective 

adoptive family:

• Is awaiting trial, or is on trial, for charges as described above

• Has a criminal record that the department or child-placing agency believes makes the home unsuitable

• Has a current child abuse or neglect allegation pending

No license or approval shall be renewed if the holder of the license or approval knowingly arranges for the substitute care of a child 

by a person described above.

No child shall be placed into the home of a relative if that relative or an adult living within the household has been convicted of 

any crime or is under arrest for a felony against a person; for injury or risk of injury to or impairing the morals of a child; or for the 

possession, use, or sale of any controlled substance. 

Delaware 

Who Needs Records Checks

Citation: Ann. Code Tit. 31, § 309; Code of Regs. § 9-300-301(4)

The term ‘child care personnel’ means all persons who seek employment for compensation or persons who volunteer to provide 

direct child care service or persons who for any reason have regular direct access to children and/or adolescents under age 18. This 

definition shall include any employee or volunteer of the Department of Services for Children, Youth and Their Families or one of its 

contractors who have regular direct access to children and/or adolescents. Child care personnel also include applicants wishing to 

become adoptive or foster parents.
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In regulation: Generally, child care persons subject to a criminal history record check include:

• Persons employed or volunteering in a residential child care facility

• Persons employed or volunteering with the department

• Foster/adoptive parents

• Persons employed or volunteering at an agency that contracts with the department who are in a position that involve having 

direct contact with a child without the presence of other employees or adults

Criminal history record checks shall be conducted on the following child care persons of licensed residential child care facilities and 

department contractors:

• Child care workers and supervisors

• Maintenance, transportation, kitchen, and clerical workers

• Teachers, aides, and principals

• Administrators, coordinators, directors, and administrative staff

• Volunteers

• Social workers, recreation staff, and medical staff

Criminal history record checks shall be conducted on:

• Applicants for foster/respite care or adoption within the department and in licensed child-placing agencies providing foster 

care

• Petitioners in relative adoptions 

• Interstate applicants for adoption or foster placement when a child is from another State and is being placed in Delaware and 

when a Delaware child is being placed in another State

Types of Records That Must Be Checked 

Citation: Ann. Code Tit. 31, § 309

All child care personnel covered by this section shall be required to submit their fingerprints and other necessary information in 

order for the following to be obtained:

• A report of the individual’s entire criminal history record from the Delaware State Police or a statement from the Delaware 

State Police that the State Police Central Repository contains no such information relating to that person

• A report of the individual’s entire Federal criminal history record from the Federal Bureau of Investigation

• A certification from the Department of Services for Children, Youth and Their Families as to whether the individual is named in 

the central register as the perpetrator of a report of child abuse

Process for Obtaining Records Checks 

Citation: Code of Regs. § 9-300-301(5)

The employer shall require each individual subject to the law to complete a criminal history record request form and be 

fingerprinted, either as soon as that individual has accepted a position, has agreed to serve as a volunteer, or no later than the fifth 

working day. In the case of foster parents, the request form and fingerprinting must be completed prior to completion of preservice 

training or the home study process.

The child care person or foster parent must go to a designated Delaware State Police Troop and have two sets of fingerprints 

taken. The Delaware State Police shall obtain criminal history information from the State Bureau of Identification and Federal 

Bureau of Investigation. A report of the child care person’s or foster parent’s criminal history record or a statement that there is no 

criminal history information relating to that person is forwarded to the Criminal History Unit. Simultaneously, the Criminal History 

Specialist will conduct a review of the child protection registry to determine if the child care person is named as a perpetrator in a 

substantiated report of child abuse or neglect.

When the results of the checks of State and Federal criminal records and the child protection registry are received, the specialist 

will review the information, along with the criminal history record request form. When there is no record, the specialist will notify the 

appropriate division director, who notifies the employer or child-placing agency and the child care person or foster parent. When 

there is a criminal history, the specialist will provide a written summary of the findings with a recommendation to the appropriate 

division director. The division director will make the determination of suitability for employment, volunteering, or foster parenting 

and notify the child care person or foster parent and employer or child-placing agency, with a copy of the findings attached. 
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Grounds for Disqualification

Citation: Ann. Code Tit. 31, § 309; Code of Regs. § 9-300-301(6), (7)

All information required above shall be forwarded to the department, which will assess the information and make a determination of 

suitability based upon the types of offenses, recency, the person’s record since the offenses, and responsibilities of the position that 

the individual is seeking to obtain. The department must exercise case-by-case judgment on the results.

In regulation: Child care persons or foster parents convicted of a sexually related offense or other offenses against children shall be 

prohibited from employment, volunteering, or foster care/adoption without consideration of other criteria.

The Adoption and Safe Families Act of 1997 prohibits individuals from becoming foster or adoptive parents if they have the following 

felony convictions:

• Child abuse or neglect, spousal abuse, crimes against children (including child pornography), and crimes involving violence 

cluding rape, sexual assault, and homicide committed at any time

• Physical assault, battery, and drug-related offenses committed within the past 5 years

Criminal convictions other than those that are prohibited shall be reviewed in consideration of other criteria below. Other convictions 

for offenses that may make a child care person unsuitable for employment or volunteering, or may make a prospective foster 

parent unsuitable for foster parenting, are those in the Delaware Code, Titles 11 and 16 that may contain (but are not limited to) the 

following characteristics:

• Criminal convictions against the person in which physical harm or death has taken place

• Criminal convictions involving weapons, explosive devices, or threat of harm

• Criminal convictions involving public indecency and obscenity 

• Criminal convictions that show a disregard of others, such as reckless endangering or arson

• Criminal convictions for cruelty to animals or deviant behavior such as abusing a corpse

• Criminal convictions against the Uniform Controlled Substances Act

A criminal conviction of the type described above and/or existence of a substantiated case of child abuse or neglect involving the 

child care person or foster parent as perpetrator shall be reviewed in consideration of other criteria below:

• The frequency of convictions or substantiations

• The length of time since the convictions or substantiations

• The person’s age at the time of the convictions or substantiations

• The severity of the convictions or substantiations

• The person’s record since the convictions or substantiations

• The relationship of the convictions or substantiations to the type of job assignment and/or responsibilities of the child care 

person or foster parent

• The policies of the department

Failure by a child care person or foster parent to disclose relevant criminal history or child protection registry information on the 

criminal history record request form that is subsequently disclosed as a result of the criminal history record check may be grounds for 

immediate termination of an employee or denial of approval for foster or adoptive care. 

District of Columbia 

Who Needs Records Checks 

Citation: Ann. Code §§ 4-1305.02; 4-1501.03

The following individuals shall apply for a criminal records check:

• An individual who seeks to be approved or licensed as an adoptive parent by the Child and Family Services Agency or by any 

licensed child-placing agency

• An individual who seeks to be approved or licensed as a foster parent by the agency or by any licensed child-placing agency

• An individual who seeks to be approved as a kinship caregiver or legal guardian

• An adult residing in the home of an individual described above

The following individuals also must apply for criminal background checks:

• An applicant who is under consideration for paid employment by a covered child or youth services provider

• An applicant who is under consideration for voluntary service in an unsupervised position by a covered child or youth services 

provider

• An employee of a covered child or youth services provider

• A volunteer who serves a covered child or youth services provider in an unsupervised position
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Types of Records That Must Be Checked 

Citation: Ann. Code §§ 4-1305.01; 4-1407.01

A criminal record check consists of a search of criminal records to determine whether an individual has a criminal conviction that is 

performed by the Federal Bureau of Investigation of national records, and by:

• The Metropolitan Police Department, if the individual as an adult has resided, worked, or attended school in the District at any 

time in the past 5 years

• The State’s law enforcement agency, if the individual as an adult has resided, worked, or attended school outside of the 

District at any time in the past 5 years

Prior to placement of a child in a family home, a licensed child-placing agency shall obtain written consent from applicants for release 

of information from:

• The D.C. Child Protection Register

• Registers of child abuse and neglect located in all States, territories, and possessions of the United States in which the 

applicant has resided within the previous 5 years

• If applicable, from any registers maintained by any branch of the armed forces of the United States

Process for Obtaining Records Checks 

Citation: Ann. Code §§ 4-1305.01; 4-1305.03; 4-1305.05

An ‘information form’ is a written statement in a form established by the agency that:

• Is signed by the individual under penalty of perjury

• Identifies each State in which the individual has resided, worked, or attended school at any time in the past 5 years

• Identifies each felony for which the individual has been convicted as an adult, and the date and State of that conviction

• Identifies each State in which the individual is currently on parole or probation

• Includes any other information required by the agency

An applicant shall apply for a criminal records check by submitting to the agency, licensed child-placing agency, or the police:

• A complete set of legible fingerprints taken on standard fingerprint cards by the agency or the police

• Payment of the fees and costs of the criminal records check

• The completed information form

• Any documentation required to conduct a criminal records check by a State identified in the completed information form

The Agency or licensed child-placing agency shall forward the fingerprints to the police or State law enforcement agency. The police 

shall:

• Access the District criminal records history

• Transmit all complete sets of legible fingerprints to the Federal Bureau of Investigation and request the Federal Bureau of 

Investigation to conduct a national criminal records check and return the results to the police or state law enforcement agency

The agency or licensed child-placing agency shall request the law enforcement agency of each State identified in the completed 

information form to conduct a State criminal records check and return the results to the agency or licensed child-placing agency, as 

appropriate. If the agency or licensed child-placing agency has already determined that an individual has a disqualifying conviction, 

it is not required to make further requests to additional States. 

Grounds for Disqualification

Citation: Ann. Code §§ 4-1305.06; 4-1305.07

An individual shall not be approved or licensed if it is determined from the criminal records check that the individual, or an adult 

residing in the home of the individual, has a felony conviction for any of the following offenses or their equivalents:

• Child abuse

• Child neglect

• An intrafamily offense, as defined in § 16-1001(8)

• A crime against children, including child pornography

• A crime involving violence, including rape, sexual assault, or homicide, but not including other physical assault or battery
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An individual shall not be approved if it is determined from the criminal records check that the individual, or an adult residing in the 

home of the individual, has a felony conviction for any of the following offenses or their equivalents committed within the past 

5 years:

• Physical assault or battery

• A drug-related offense

An individual may be approved if:

• The individual has a felony conviction for any of the offenses listed above and, after a discretionary agency review of the 

conviction and current circumstances, it is determined that approval would be consistent with the health, safety, and welfare of 

children; provided, that any adoption-assistance payments or foster care maintenance payments made on behalf of a child to 

an individual shall not be made with Federal funds provided through Title IV-E of the Social Security Act.

• An adult residing in the home of the individual, but not the individual who seeks to be approved, has a felony conviction for 

any of the offenses listed above and, after a discretionary agency review of the conviction and current circumstances, it is 

determined that an approval would be consistent with the health, safety, and welfare of children.

If an individual who is required to obtain a criminal records check, or any adult residing in the home of that individual, fails to do so as 

required, the agency may deny approval or licensure.

If a prospective adoptive parent or any adult residing in the home fails to request a criminal records check as required, the Family 

Division of the Superior Court of the District of Columbia may dismiss the petition for adoption. 

Florida 

Who Needs Records Checks 

Citation: Ann. Stat. §§ 39.0138; 39.521; 63.092; 402.302; 402.313 

The following persons are subject to background checks:

• All persons, including parents, being considered by the Department of Children and Families for placement of a child, 

including all nonrelative placement decisions

• All members of the household, age 12 and older, of the person being considered

• A relative, parent, or other adult being considered for placement of a child

• Prospective adoptive parents

• Proposed legal custodians

• Child care personnel, including all owners, operators, employees, and volunteers working in a child care facility

• Registered family day care homes

Types of Records That Must Be Checked 

Citation: Ann. Stat. § 39.0138

The records that must be checked include:

• The State Automated Child Welfare Information System (SACWIS)

• Local and statewide criminal history records 

• State and national criminal history information

• Out-of-State criminal history records for any person age 18 or older who has resided in another State if that State allows the 

release of such records

Process for Obtaining Records Checks 

Citation: Ann. Stat. § 39.0138

The department shall conduct a records check through the SACWIS and the required local and statewide criminal history records 

checks. A criminal history records check may include, but is not limited to, submission of fingerprints to the Department of Law 

Enforcement for processing and forwarding to the Federal Bureau of Investigation for State and national criminal history information, 

and local criminal records checks through local law enforcement agencies. An out-of-State criminal history records check must be 

initiated for any person age 18 or older who has resided in another State if that State allows the release of such records. 
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Grounds for Disqualification

Citation: Ann. Stat. § 39.0138

The department may not place a child with a person other than a parent if the criminal history records check reveals that the person 

has been convicted of any felony that falls within any of the following categories:

• Child abuse, abandonment, or neglect

• Domestic violence

• Child pornography or other felony in which a child was a victim of the offense

• Homicide, sexual battery, or other felony involving violence, other than felony assault or felony battery when an adult was the 

victim of the assault or battery

The department may not place a child with a person other than a parent if the criminal history records check reveals that the person 

has, within the previous 5 years, been convicted of a felony that falls within any of the following categories:

• Assault or battery

• A drug-related offense

Georgia 

Who Needs Records Checks 

Citation: Ann. Code §§ 49-5-60; 49-5-62; 49-5-69.1; 19-8-16

Background checks are required for the following persons:

• The director and for each employee of any facility at which children are received for care, including:

» Any person employed to perform any duties that involve personal contact between that person and any child being cared 

for at the facility

» Any adult person who resides at the facility or who, with or without compensation, performs duties that involve personal 

contact between that person and any child being cared for by the facility

• Foster parents and other adult persons that reside in the foster home or provide care to children placed in the home

• Prospective adoptive parents

Types of Records That Must Be Checked 

Citation: Ann. Code § 49-5-60; Rules & Regs. r. 290-9-2-.06; 290-9-2-.07 

The following records checks are required: 

• A national fingerprint records check by the Federal Bureau of Investigation

• A State fingerprint records check by the Georgia Crime Information Center (GCIC)

In regulation: For adoption petitioners and foster care applicants: When an individual in the home has not resided in the State for the 

5 years preceding the application for approval, the child-placing agency shall require additional documentation available through 

the State child welfare agency in which the applicant resided that the individual is not listed on the child abuse and neglect registry. 

Process for Obtaining Records Checks 

Citation: Ann. Code § 49-5-60; 49-5-62; 49-5-64

Accompanying any application for licensure or approval of a home, an applicant shall furnish to the Department of Human Services 

a records check application. The term ‘records check application’ means two sets of classifiable fingerprints, a records search fee to 

be established by the department by rule and regulation, payable in such form as the department may direct to cover the cost of a 

fingerprint records check, and an affidavit by the applicant disclosing the nature and date of any arrest, charge, or conviction of the 

applicant for the violation of any law, except for motor vehicle parking violations, whether or not the violation occurred in this State, 

and such additional information as the department may require.

The department shall transmit to GCIC both sets of fingerprints and the records search fee from each fingerprint records check 

application. Upon receipt of the application, GCIC shall promptly transmit one set of fingerprints to the Federal Bureau of 

Investigation for a search of bureau records and an appropriate report and shall retain the other set and promptly conduct a search 

of its records and records to which it has access. Within 10 days after receiving fingerprints acceptable to GCIC, the application, 

and fee, GCIC shall notify the department in writing of any derogatory finding, including but not limited to any criminal record, 

of the State fingerprint records check or if there is no such finding. After a search of Federal Bureau of Investigation records and 

fingerprints and upon receipt of the bureau’s report, the department shall make a national fingerprint records determination. 
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Grounds for Disqualification

Citation: Ann. Code § 49-5-60; Rules & Regs. r. 290-9-2-.04 

A person will be disqualified if a records check reveals a criminal conviction for any of the following crimes:

• Any felony

• Simple battery when the victim is a minor

• Contributing to the delinquency of a minor

• A violation of Chapter 6 of Title 16 (sexual offenses), excluding the offenses of bigamy or marrying a bigamist

• Criminal attempt when the crime attempted is any of the crimes specified above

• Any other offenses committed in another jurisdiction which, if committed in this State, would be one of the enumerated 

crimes listed above

In regulation: An applicant shall not be approved when it has been determined that he or she has a criminal record involving any of 

the following crimes:

• Murder or felony murder

• Aggravated assault or aggravated battery

• Cruelty to children or cruelty to a person age 65 or older

• Rape, aggravated sodomy, child molestation, enticing a child for indecent purposes, or aggravated sexual battery

• Armed robbery

• Abuse, neglect, or exploitation of a disabled adult or elderly person

• Any other offense committed in another jurisdiction that, if committed in this State, would be deemed to be a crime listed in 

this paragraph without regard to its designation elsewhere

Guam 

Who Needs Records Checks

Citation: Ann. Code Tit. 19, § 4221 

Prospective foster and adoptive parents are required to have background checks. 

Types of Records That Must Be Checked

Citation: Ann. Code Tit. 19, § 4221(c)(5); Admin. Rules Tit. 26, § 1312

The investigation of a prospective foster and adoptive parent shall include information on whether he or she has ever been a 

respondent in any proceeding concerning allegedly neglected, abandoned, or delinquent children.

In regulation: An adoption home study conducted by the Department of Public Health and Social Services shall include a police 

clearance from the place of current or previous residence. 

Process for Obtaining Records Checks

This issue is not addressed in the statutes and regulations reviewed. 

Grounds for Disqualification

This issue is not addressed in the statutes and regulations reviewed. 

Hawaii 

Who Needs Records Checks

Citation: Rev. Stat. §§ 346-17; 346-19.7; 846-2.7

The Department of Human Services may conduct criminal history record checks on the following entities:

• Operators and employees of child-caring institutions and child-placing organizations

• Foster boarding homes, including all adults residing in the foster boarding home

• Relative foster home care providers

• Prospective adoptive parents, including all adults residing in the prospective adoptive home

• Applicants to operate child care facilities, prospective employees of the applicant, and new employees of the provider after 

registration or licensure

• Persons exempt pursuant to § 346-152 to be eligible to provide child care and receive child care subsidies
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Types of Records That Must Be Checked 

Citation: Rev. Stat. §§ 346-17; 346-19.7; 846-2.7

Any person who seeks to become a foster or adoptive parent, including all adults residing in the home, shall be subject to criminal 

history record checks in accordance with § 846-2.7 and child abuse and neglect registry checks in accordance with departmental 

procedures. 

The criminal history record check shall include the submission of fingerprints to:

• The Federal Bureau of Investigation for a national criminal history record check

• The Hawaii Criminal Justice Data Center for a State criminal history record check that shall include nonconviction data

Process for Obtaining Records Checks 

Citation: Rev. Stat. §§ 346-17; 346-19.7; 846-2.7

As a condition for a certificate of approval, any entity listed above shall provide consent to the department to obtain criminal history 

record and child abuse and neglect registry information. The department shall request:

• A criminal history record check through the Hawaii Criminal Justice Data Center

• A child abuse and neglect registry check

For the criminal history record check, the department shall:

• Notify applicants that their fingerprints shall be retained by the Hawaii Criminal Justice Data Center and the Federal Bureau of 

Investigation for all purposes and uses authorized for fingerprint submissions

• Verify that the applicant will be or is physically working or volunteering in the State

• Submit to the Hawaii Criminal Justice Data Center a request for a criminal history record check on an applicant with a 

complete set of electronic fingerprints and a signed waiver allowing the release of State and national criminal history record 

information

The Hawaii Criminal Justice Data Center shall provide the State and national criminal history records directly to the department to 

use only for the purpose of screening applicants. The determination whether the criminal history record shows that the applicant has 

been convicted of or is under pending indictment for any crime that bears upon the fitness of the applicant to have responsibility for 

the safety and well-being of children, vulnerable adults, or individuals with disabilities shall be made solely by the department. 

Grounds for Disqualification

Citation: Rev. Stat. §§ 346-17; 346-19.7

The department may deny a certificate of approval if an operator, employee, or new employee of a child care institution or childplacing organization’s facility, or any adult residing in a foster boarding home, was convicted of a crime other than a minor traffic 

violation involving a fine of $50 or less and if the department finds that the criminal history record or child abuse registry history of an 

operator, employee, new employee, or adult residing in a foster boarding home poses a risk to the health, safety, or well-being of the 

children in care.

The department may deny a person’s application to adopt a child if either of the prospective adoptive parents or any adult residing 

in the prospective adoptive home was convicted of an offense for which incarceration is a sentencing option, and if the department 

finds by reason of the nature and circumstances of the crime that either of the prospective adoptive parents, or any adult residing 

in the prospective adoptive home, poses a risk to the health, safety, or well-being of the child. A denial shall occur only after an 

appropriate investigation, notification of results and planned action, and an opportunity to meet and rebut the finding.

The department may deny a person’s application to adopt a child if either of the prospective adoptive parents or any adult residing 

in the prospective adoptive home has a history of confirmed child abuse or neglect, or both, revealed by the child abuse and neglect 

registry check, and if the department finds by reason of the nature and circumstances of the abuse or neglect, or both, that either 

of the prospective adoptive parents or any adult residing in the prospective adoptive home poses a risk to the health, safety, or 

well-being of the child. A denial shall occur only after an appropriate investigation, notification of results and planned action, and an 

opportunity to meet and rebut the finding. 
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Idaho 

Who Needs Records Checks

Citation: Idaho Code §§ 39-1211; 39-1211A; 39-1105; Admin. Code §§ 16.06.01.750; 16.06.01.702 

The Department of Health and Welfare shall obtain a criminal history check on the following:

• Applicants for foster care licensure

• A relative providing foster care for a related child

• Owners, operators, and employees of a daycare facility who have direct contact with children, and on all other individuals age 

13 or older who have unsupervised direct contact with children or are regularly on the premises of a daycare facility

In regulation: Criminal background checks also must be completed for the following persons:

• All applicants for adoption and other adult members of the household

• A potential legal guardian

Types of Records That Must Be Checked

Citation: Idaho Code §§ 39-1210; 39-1105 

The criminal history check shall include the following:

• Statewide Criminal Identification Bureau 

• Federal Bureau of Investigation criminal history

• National Crime Information Center 

• Statewide child abuse register

Criminal history checks on persons under age 18 shall include a check of the juvenile justice records of adjudications of the 

magistrate division of the district court, county probation services, and department records as authorized by the minor and his 

parent or guardian. 

Process for Obtaining Records Checks

Citation: Admin. Code §§ 16.05.06.120; 16.05.06.140; 16.05.06.180 

Individuals who are subject to a criminal history and background check must complete an application and have it notarized. The 

individual’s application authorizes the department to obtain information and release it as required by applicable State and Federal 

law.

The individual must disclose any conviction, pending charges, or indictment for crimes, and furnish a description of the crime and 

the particulars on the application. The individual also must disclose any notice by a State or local agency of substantiated child or 

substantiated vulnerable adult abuse, neglect, exploitation, or abandonment complaint, and any other information as required. 

An applicant who falsifies or fails to disclose information on the application may be subject to a conditional denial and prosecution 

under §§ 18-3203, 18-5401, and 56-227A, Idaho Code.

The department’s criminal history and background check is a fingerprint-based check. Ten rolled fingerprints must be collected from 

the individual and submitted to the department in order for a criminal history and background check request to be processed. The 

department obtains fingerprints electronically at each of its fingerprint locations, or the department’s fingerprint card must be used. 

A department fingerprint card can be obtained by contacting the Criminal History Unit.

The department will issue a clearance or denial once the criminal history and background check is completed. The results may be 

accessed by the individual on the department’s website. The employer may access the information that is provided by the applicant 

and information obtained from the State, county, or through registries. 

Grounds for Disqualification

Citation: Admin. Code § 16.05.06.210

An individual will receive an unconditional denial if the criminal history and background check reveals a conviction for one or more of 

the following crimes:

• Abuse, neglect, or exploitation of a vulnerable adult

• Aggravated, first-degree, and second-degree arson

• Crimes against nature, as defined in § 18-6605, Idaho Code

• Forcible sexual penetration by use of a foreign object

• Incest

• Felony or misdemeanor injury to a child
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• Kidnapping

• Lewd conduct with a minor

• Mayhem

• Murder, manslaughter, or felony vehicular manslaughter

• Poisoning

• Possession of sexually exploitative material

• Rape

• Robbery

• Felony stalking

• Sale or barter of a child

• Sexual abuse or exploitation of a child

• Video voyeurism

• Enticing of children 

• Inducing individuals under age 18 into prostitution or patronizing a prostitute

• Any felony punishable by death or life imprisonment

• Attempt, conspiracy, accessory after the fact, or aiding and abetting to commit any of the crimes listed above

The department will issue an unconditional denial for an individual who has been convicted within the past 5 years for the following 

described crimes:

• Any felony not described above 

• Misdemeanor forgery of and fraudulent use of a financial transaction card

• Misdemeanor forgery and counterfeiting

• Misdemeanor identity theft, insurance fraud, or public assistance fraud

• Stalking in the second degree 

• Misdemeanor vehicular manslaughter

• Sexual exploitation by a medical care provider

• Attempt, conspiracy, accessory after the fact, or aiding and abetting to commit any of the disqualifying 5-year crimes

Illinois 

Who Needs Records Checks 

Citation: Admin. Code Tit. 89, §§ 385.20; 402.28; 302.410 

Persons subject to background checks include:

• Operators and employees of a child care facility

• All direct child welfare agency employees

• Any person who is used to replace or supplement child care or child welfare agency staff

• Any person who has access to children

• Any person, including nonlicensed service providers, who provides services that allow unsupervised access to children

The term ‘child care facility’ includes a relative who is licensed or who applies for a license as a foster family home, any child care 

institution, maternity center, child welfare agency, daycare center, daycare agency, group home, foster family home, daycare home, 

group daycare home, partially exempt secure child care facility, or youth emergency shelter.

If the child care facility operates in a family home, the license applicants and all members of the household age 13 and older are 

subject to background checks, as appropriate, even if these members of the household are not usually present in the home during 

the hours the child care facility is in operation.

Nonlicensed service providers who, on a regular basis, provide care in the provider’s home to a child for whom the Department of 

Children and Family Services is legally responsible and all members of the household age 13 or older are subject to background 

checks.

For a final placement decision in a relative home, the relative and all members of the household age 18 and older are subject to 

criminal background checks.

Prospective adoptive parents and prospective guardians also are subject to background checks. 
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Types of Records That Must Be Checked 

Citation: Admin. Code Tit. 89, § 385.20

A background check includes:

• A criminal history check via fingerprints of persons age 18 and older that are submitted to the Illinois State Police and the 

Federal Bureau of Investigation for comparison to their criminal history records, or the National Crime Information Database 

when applicable for prospective foster and adoptive parents

• A check of the child abuse and neglect tracking system and other State child protection systems, or the national registry, as 

appropriate, to determine whether an individual is currently alleged or has been indicated as a perpetrator of child abuse or 

neglect

• A check of the Illinois sex offender registry and the national sex offenders registry, as appropriate

Process for Obtaining Records Checks 

Citation: Comp. Stat. Ch. 225, § 10/4.1

Each child care facility license applicant as part of the application process, and each employee and volunteer of a child care facility 

or nonlicensed service provider, as a condition of employment, shall authorize an investigation to determine if such applicant, 

employee, or volunteer has ever been charged with a crime and if so, the disposition of those charges. The authorization shall 

indicate the scope of the inquiry and the agencies that may be contacted. Upon this authorization, the department shall request and 

receive information and assistance from any Federal, State, or local governmental agency as part of the authorized investigation.

Each applicant, employee, or volunteer of a child care facility or nonlicensed service provider shall submit his or her fingerprints 

to the Department of State Police in the form and manner prescribed by the Department of State Police. These fingerprints shall 

be checked against the fingerprint records now and hereafter filed in the Department of State Police and Federal Bureau of 

Investigation criminal history records databases. The Department of State Police shall charge a fee for conducting the criminal 

history records check, which shall be deposited in the State Police Services Fund and shall not exceed the actual cost of the records 

check. The Department of State Police shall provide information concerning any criminal charges, and their disposition, now or 

hereafter filed, against an applicant, employee, or volunteer of a child care facility or nonlicensed service provider upon request of 

the Department of Children and Family Services when the request is made in the form and manner required by the Department of 

State Police. 

Grounds for Disqualification

Citation: Comp. Stat. Ch. 225, § 10/4.2 

No applicant who refuses to authorize an investigation will be approved. In addition, no applicant may receive a license who has 

been declared a sexually dangerous person or has been convicted of committing or attempting to commit any offense listed in 

statute, including:

• Murder or manslaughter

• A sex offense

• Kidnapping

• Aggravated battery of a child

• Criminal sexual assault

• Aggravated sexual abuse

• Aggravated battery with a firearm

• Drug-induced infliction of great bodily harm

• Stalking

• Child abandonment

• Endangering the life or health of a child

• Ritual mutilation

• Ritualized abuse of a child

• An offense in any other jurisdiction the elements of which are similar and bear a substantial relationship to any of the above 

offenses

• Felony domestic battery

• Aggravated battery

• Felony violation of an order of protection

• Felony contributing to the criminal delinquency of a juvenile

• A drug-related offense
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In addition to the above provisions, no applicant may receive a license to operate a foster family home, and no adult person may 

reside in a foster family home, who has been convicted of committing or attempting to commit any of the following offenses:

• Kidnapping and related offenses

• Felony aggravated assault

• Felony domestic battery

• Aggravated battery

• Felony violation of an order of protection

• Offenses directed against property, including robbery, burglary, or arson

• Weapons-related offenses

• Obstructing justice

• Felony contributing to the criminal delinquency of a juvenile

• Drug-related offenses

The department may make an exception and issue a foster family home license, provided all of the following requirements are met:

• The relevant criminal offense or offenses occurred more than 10 years prior to the date of application.

• The applicant had previously disclosed the conviction or convictions to the department for purposes of a background check.

• After the disclosure, the department either placed a child in the home or the foster family home license was issued.

• During the background check, the department had assessed and waived the conviction in compliance with the existing 

statutes and rules in effect at the time of the hire or licensure.

• The applicant meets all other requirements and qualifications to be licensed as a foster family home.

• The applicant has a history of providing a safe, stable home environment and appears able to continue to provide a safe, 

stable home environment.

Indiana 

Who Needs Records Checks 

Citation: Ann. Code §§ 31-19-7-1; 31-27-4-5; 31-27-2-1; 29-3-5-1.5; 31-28-5.8-5.5; 12-17.2-5-1

Criminal history checks are required for the following persons or entities:

• A proposed adoptive parent and any other person who is currently residing in the proposed adoptive home

• An applicant applying for a foster family home license

• Child-caring institutions, group homes, and child-placing agencies

• A petitioner for appointment as a guardian of a minor and any other household members

• Each person who is currently residing with an older youth in a host home or supervised independent living arrangement 

• Operators and employees of child care homes

Types of Records That Must Be Checked 

Citation: Ann. Code § 31-9-2-22.5

A criminal history check includes:

• A fingerprint-based criminal history background check of both national and State records data bases

• A national name-based criminal history record check if an individual has a physical disability that prevents fingerprinting

• A check for each substantiated report of child abuse or neglect reported in a jurisdiction where a probation officer, a 

caseworker, or the Department of Child Services has reason to believe that a person who is age 14 or older resided within the 

previous 5 years

• A request for information concerning any substantiated report of child abuse or neglect relating to a person who age 

14 or older that is contained in a national registry of substantiated cases of child abuse or neglect that is established and 

maintained by the U.S. Department of Health and Human Services

• A check of the national sex offender registry maintained by the U.S. Department of Justice for all persons who are at least 

age 14

• A check of local law enforcement agency records in every jurisdiction in which a person who is at least age 18 has resided 

within the previous 5 years
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Process for Obtaining Records Checks 

Citation: Ann. Code § 31-27-4-5

As part of an application, an applicant must submit a statement attesting the following:

• Whether the applicant has been convicted of a felony or a misdemeanor relating to the health and safety of children

• Whether the applicant has been charged with a felony or a misdemeanor relating to the health and safety of children during

the pendency of the application

An applicant shall submit the necessary information, forms, or consents for the department to conduct a criminal history check for 

each individual who is an applicant.

The department shall conduct a criminal history check of the applicant’s employees and volunteers who have or will have direct 

contact on a regular and continuing basis with children who are or will be under the direct supervision of the applicant and all 

household members who are at least age 14. The department shall determine whether the subject of a national fingerprint-based 

criminal history check has a record of:

• A conviction for a felony

• A conviction for a misdemeanor relating to the health and safety of a child

• A juvenile adjudication for an act listed in § 31-27-4-13(a) that, if committed by an adult, would be a felony

A person who is the subject of a criminal history check conducted in accordance with this section may request the State police 

department to provide the person with a copy of any State or national criminal history report concerning the person. 

Grounds for Disqualification

Citation: Ann. Code §§ 31-27-4-6; 31-27-4-13

The following are grounds for a denial of a license application:

• A determination by the department of child abuse or neglect by:

» The applicant

» An employee or a volunteer of the applicant who has direct contact on a regular and continuous basis with children who

are under the direct supervision of the applicant

» A person residing in the applicant’s residence

• A criminal conviction of the applicant of any of the following:

» A felony

» A misdemeanor related to the health and safety of a child

» A misdemeanor for operating a child care center or child care home without a license

» A misdemeanor for operating a foster family home without a license

• A determination by the department that the applicant made false statements in the applicant’s application for licensure

• A determination by the department that the applicant made false statements in the records required by the department

• A juvenile adjudication of the applicant for an act listed below that, if committed by an adult, would be a felony

The department shall deny a license when an applicant fails to meet the requirements for a license. The department shall deny a 

license to an applicant who has been convicted of any of the following felonies:

• Murder, voluntary manslaughter, or reckless homicide

• Battery within the past 5 years

• Domestic battery or aggravated battery

• Kidnapping

• Criminal confinement within the past 5 years

• A felony sex offense under § 35-42-4

• Arson within the past 5 years

• Incest

• Neglect of a dependent

• Child selling

• A felony involving a weapon within the past 5 years

• A felony relating to controlled substances within the past 5 years

• An offense relating to material or a performance that is harmful to minors or obscene

• A felony under § 9-30-5 (operating a vehicle while intoxicated) within the past 5 years

• A felony that is substantially equivalent to a felony listed above for which the conviction was entered in another State
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The department may deny a license to an applicant who:

• Has been convicted of a felony that is not listed above

• Has had a juvenile adjudication for an act listed above that, if committed by an adult, would be a felony

The department shall send written notice by certified mail that the application has been denied and give the reasons for the denial. 

An administrative hearing concerning the denial of a license shall be provided upon written request by the applicant. The request 

must be made no more than 30 days after receiving the written notice. 

Iowa 

Who Needs Records Checks 

Citation: Ann. Code §§ 237.8; 600.8; 237A.5; Admin. Code §§ 441-113.13; 441-107.8

The following persons are subject to records checks:

• An individual subject to licensure as a foster parent

• A person is being considered for licensure or for employment involving direct responsibility for a child or with unsupervised 

access to a child when the child is alone

• A person who will reside in a facility utilized by a licensee

• A prospective adoptive parent

• A person being considered for licensure or registration to operate a child care facility

In regulation: Record checks are required for each foster parent applicant, prospective adoption applicant, and for anyone who is 

age 14 or older living in the home of the applicant. 

Types of Records That Must Be Checked 

Citation: Admin. Code §§ 441-113.13; 441-107.8

Each applicant and anyone who is age 14 or older living in the home of the applicant shall be checked for records with:

• The Iowa central abuse registry

• The Iowa Division of Criminal Investigation for a criminal history record check

• The Iowa sex offender registry

Each applicant and any other adult living in the household also shall be checked for records on the child abuse registry of any State 

where the person has lived during the past 5 years.

Each foster parent applicant also shall also be fingerprinted for a national criminal history check. Other adults living in the home may 

be fingerprinted if the department determines that a national criminal history check is warranted. 

Process for Obtaining Records Checks 

Citation: Ann. Code § 237.8; Admin. Code §§ 441-113.13; 441-107.8

For a person is being considered for licensure, the Department of Human Services shall conduct criminal and child abuse record 

checks in this State and may conduct these checks in other States. The evaluation shall be performed in accordance with procedures 

adopted for this purpose by the department.

For an individual subject to licensure as a foster parent, in addition to the record checks conducted under the above paragraph, 

the individual’s fingerprints shall be provided to the Department of Public Safety for submission through the State criminal history 

repository to Federal Bureau of Investigation for a national criminal history check.

In regulation: The department’s contractor for the recruitment and retention of resource families shall assist applicants in completing 

required record checks, including fingerprinting. 

The certified adoption investigator shall perform record checks for each applicant and for the other persons living in the home of the 

applicant. 

Grounds for Disqualification

Citation: Ann. Code §§ 237.8; 600.8; 237A.5

An individual applying to be a foster or adoptive parent shall not be approved if the individual has been convicted of any of the 

following felony offenses:

• Child endangerment or neglect or abandonment of a dependent person

• Domestic abuse

• A crime against a child, including but not limited to sexual exploitation of a minor
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• A forcible felony

• A drug-related offense within the 5-year period preceding the application date

A person applying for licensure to provide child care can be disqualified if a record check indicates that the person has committed 

any of the following transgressions.

• Conviction of a crime

• A record of having committed founded child or dependent adult abuse

• Listing in the sex offender registry

• A record of having committed a public or civil offense

• A previous revocation of a child care facility registration or license due to the person’s continued or repeated failure to 

operate the facility in compliance with rules and regulations

Kansas 

Who Needs Records Checks 

Citation: Ann. Stat. §§ 65-503; 38-2272; 59-2132; Admin. Regs. § 28-4-805

The following persons or entities are subject to background checks:

• A child care facility, including:

» A foster care home

» A children’s home, orphanage, maternity home, or daycare facility

» A child-placing agency or child care resource and referral agency, or a facility maintained by such an agency, for the 

purpose of caring for children under age 16

» Any receiving or detention home for children under age 16 provided or maintained by, or receiving aid from, any city, 

county, or the State

• A potential permanent custodian, including a relative of the child or a person with whom the child has close emotional ties

• A prospective adoptive parent

In regulation: For a foster home, the background check also must include the following persons: 

• Each individual age 10 and older who resides, works, or regularly volunteers in the family foster home, excluding children 

placed in foster care

• Each caregiver age 14 and older

• Each resident of a home in which informal visitation occurs who is at least age 10

Types of Records That Must Be Checked 

Citation: Admin. Regs. § 28-4-805

For all applicants for licensure, the investigation shall include:

• A background check by the Kansas Bureau of Investigation

• A background check by the Kansas Department of Social and Rehabilitation Services

In addition, each individual submitting an initial application for a family foster home license shall obtain the following:

• For each individual age 18 and older residing in the home, a child abuse and neglect background check from each previous 

State of residence throughout the 5-year period before the date of application

• For each applicant or licensee, a fingerprint-based background check from the National Crime Identification Databases (NCID)

Process for Obtaining Records Checks 

Citation: Ann. Stat. §§ 65-516; 59-2132; Admin. Regs. § 28-4-805

The secretary of the Department of Health and Environment is authorized to conduct national criminal history record checks to 

determine criminal history on persons residing, working, or regularly volunteering in a child care facility. In order to conduct a 

national criminal history check the secretary shall require fingerprinting for identification and determination of criminal history. The 

secretary shall submit the fingerprints to the Kansas Bureau of Investigation and to the Federal Bureau of Investigation and receive 

a reply to enable the secretary to verify the identity of such person and whether such person has been convicted of any crime that 

would prohibit such person from residing, working, or regularly volunteering in a child care facility. The secretary is authorized to use 

information obtained from the national criminal history record check to determine such person’s fitness to reside, work, or regularly 

volunteer in a child care facility.
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An adoption investigation report must include the results of a child abuse registry check and a criminal registry check that 

determines whether the prospective adoptive parent has any prior felony convictions.

In regulation: Each licensee or applicant for licensure shall submit a request to conduct a background checks by the Kansas Bureau 

of Investigation and the Kansas Department of Social and Rehabilitation Services in order to comply with the provisions of § 65-516. 

Each request shall be submitted to the department on a form provided by the department.

Background checks shall be obtained following the procedures of the department. All fees associated with obtaining child abuse and 

neglect background checks from other States and NCID checks shall be the responsibility of the applicant or the licensee. 

Grounds for Disqualification

Citation: Ann. Stat. §§ 65-516; 59-2132

No licensed child care facility, including a foster home, may have on the premises a person who has:

• A felony conviction for a crime against persons, including murder, manslaughter, assault, battery, or kidnapping

• A felony conviction of any provision of the uniform controlled substances act

• A conviction of any act described in chapter 21, article 35 [sex offenses, including rape, sexual battery, or sexual exploitation 

of a child] 

• A conviction of any act described in chapter 21, article 36 [crimes affecting family relationships and children, including incest, 

or abuse, abandonment, or endangerment of a child]

• A conviction of an attempt to commit any such act

• A conviction for promoting obscenity or promoting obscenity to minors

• Been adjudicated a juvenile offender for any of the above acts

• Committed an act of physical, mental, or emotional abuse, neglect, or sexual abuse and who is listed in the child abuse and 

neglect registry maintained by the Department of Social and Rehabilitation Services

• Had a child removed from home in this or any other State based on a finding of abuse or neglect or sexual abuse, and the 

child has not been returned home

• Had parental rights terminated

In making the adoption assessment, the social worker, child-placing agency, or the department shall determine whether the 

petitioner has been convicted of a felony for any act described in chapter 21, articles 34 [crimes against persons, such as murder, 

manslaughter, assault, battery, or kidnapping], 35 [sex offenses, such as rape, sexual battery, or sexual exploitation of a child], or 

36 [crimes affecting family relationships or children, such as incest, abuse, abandonment, or endangerment of a child] or, within the 

past 5 years has been convicted of a felony violation of §§ 21-36a01 through 21-36a17, relating to controlled substances, and, when 

appropriate, any similar conviction in another jurisdiction. 

Kentucky 

Who Needs Records Checks 

Citation: Rev. Stat. §§ 199.462; 199.896; Admin. Regs. Tit. 922, § 1:490

Background checks are required for the following persons or entities:

• Foster parents or relative caregivers

• Prospective adoptive parents

• Child-care centers that provide instructional and educational programs for preschool-aged children

In regulation: Background checks also are required for all adult and adolescent members of an applicant’s household. 

Types of Records That Must Be Checked 

Citation: Admin. Regs. Tit. 922, § 1:490

A background check shall include the following:

• An in-State criminal records check by the Kentucky Justice and Public Safety Cabinet or the Administrative Office of the 

Courts

• A child abuse or neglect check conducted by the Cabinet for Health and Family Services for each State of residence during 

the past 5 years

• A criminal records check conducted by means of a fingerprint check of the National Crime Information Database

• An address check of the sex offender registry
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Process for Obtaining Records Checks 

Citation: Rev. Stat. § 199.462; Admin. Regs. Tit. 922, § 1:490

Before an applicant is approved to provide foster care or relative caregiver services to a child, or approved to receive a child for 

adoption, the Cabinet for Health and Family Services shall:

• Require a criminal background investigation of the applicant and any of the applicant’s adult household members by means of 

a fingerprint check by the Department of Kentucky State Police and the Federal Bureau of Investigation

• Request from the Justice and Public Safety Cabinet records of all conviction information for the applicant and any of the 

applicant’s adult household members

The request for records shall be on a form approved by the Justice and Public Safety Cabinet, and the Justice and Public Safety 

Cabinet may charge a fee to be paid by the applicant for the actual cost of processing the request.

In regulation: Prior to approval of an applicant, a child-placing agency shall request a child abuse or neglect check, a criminal records 

check, and an address check of the sex offender registry by submitting to the cabinet:

• The appropriate completed form

• The documentation required to request a child abuse or neglect check from the child welfare agency in each previous State of 

residence, if the applicant or adult household member has resided outside of the State of Kentucky in the previous 5 years

Grounds for Disqualification

Citation: Admin. Regs. Tit. 922, § 1:490

A Kentucky child abuse or neglect check conducted by the cabinet shall identify the name of each applicant, adolescent member of 

the household, or adult member of the household who has been found by the cabinet to have:

• Committed sexual abuse or sexual exploitation of a child

• Been responsible for a child fatality related to abuse or neglect

• Abused or neglected a child within the 7-year period immediately prior to the application

• Had parental rights terminated

An applicant shall not be approved if:

• A criminal records check reveals that the applicant or adult member of the household has a felony conviction involving:

» A spouse, a child, sexual violence, or death as described by 42 U.S.C. 671(a)(20)

» Physical abuse, battery, a drug-related, or alcohol-related offense within the 5-year period prior to application

» A criminal conviction relating to child abuse or neglect

» A civil judicial determination related to child abuse or neglect

• A child abuse or neglect check reveals that the applicant, adolescent member of the household, or adult member of the 

household, has been found to have:

» Committed sexual abuse or sexual exploitation of a child

» Been responsible for a child fatality related to abuse or neglect

» Had parental rights terminated involuntarily in accordance with §§ 625.050 through 625.120 or another State’s laws

• An address check of the sex offender registry and supporting documentation confirms that a sex offender resides at the 

applicant’s home address.

An applicant or caregiver relative may be approved on a case-by-case basis if:

• An adolescent member of the household has:

» Been found by the cabinet to have abused or neglected a child

» Had parental rights terminated voluntarily in accordance with §§ 625.040 through 625.046 or another State’s laws

• An adult member of the household has: 

» Been convicted of a nonviolent felony or misdemeanor 

» Been found to have abused or neglected a child

» Had parental rights terminated voluntarily
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Louisiana 

Who Needs Records Checks 

Citation: Rev. Stat. §§ 46:282; 46:286.1; 46:51.2

Background checks must be completed for the following persons:

• Foster care and adoption applicants and any adult member of the applicant’s household

• Prospective kinship foster parents and any other individual residing in the prospective parent’s home

• Employees of the Department of Children and Family Services whose duties include the investigation of child abuse or 

neglect, supervisory or disciplinary authority over children, direct care of a child, or performance of licensing surveys

• Operators, staff persons, or employees of a juvenile detention, correction, or treatment facility

• Employees, candidates for employment, volunteer workers, and persons living in a registered family child daycare home

Types of Records That Must Be Checked 

Citation: Ch. Code Art. 1131; Rev. Stat. §§ 46:286.1; 46:51.2

A background check shall include the following:

• A records check for all Federal arrests and convictions

• A records check for all State arrests and convictions in this and any other State in which any of the applicants has resided

• A records check for validated complaints of child abuse or neglect in this or any other State in which any of the applicants has 

resided

Process for Obtaining Records Checks 

Citation: Ch. Code Art. 1131; Rev. Stat. §§ 46:286.1; 46:282; 46:51.2 

Upon the filing of any court order approving an adoptive placement, the court shall immediately order:

• That the sheriff or the Office of State Police, Louisiana Bureau of Criminal Identification and Information, conduct the State 

and Federal criminal records checks

• That the department conduct a records check for validated complaints of child abuse or neglect

Prospective adoptive parents shall submit a set of fingerprints to the sheriff or the Office of State Police.

The Department of Children and Family Services, Office of Children and Family Services, shall investigate the background of each 

person who applies to be a kinship foster parent or a foster or adoptive parent of a child in foster care. The office shall require each 

applicant and adult family member to provide fingerprints and such authorization as is necessary to conduct State and national 

criminal history record checks and to obtain any other information required to complete the investigation. 

The office shall request such information and assistance from Federal, State, or local governmental agencies as is necessary to 

complete the investigation.

A candidate for employment by the department shall submit his or her fingerprints to the Louisiana Bureau of Criminal Identification 

and Information for a criminal records check. The department shall conduct the search of the central registry for that person.

Any responsible officer or official, as the department may determine, of the following organizations or the department may request 

criminal history information:

• A child-caring institution, child-placing agency, maternity home, group home, or daycare center

• A registered family child daycare home

Grounds for Disqualification

Citation: Rev. Stat. §§ 15:587.1; 46:51.2 

Any of the persons listed above shall be ineligible for employment or the placement of a child if he or she has been convicted of, or 

pled guilty or nolo contendere to, any of the following crimes:

• Murder or manslaughter

• Feticide

• Rape and sexual battery

• Kidnapping

• Rehoming of a child

• Criminal neglect of family

• Criminal abandonment

• Child prostitution, pornography, or molestation
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• A crime against nature

• Contributing to the delinquency of a minor

• Cruelty to juveniles

• Child desertion

• Crimes of violence as defined in Rev. Stat. § 14:2(B), including:

» Solicitation for murder

» Aggravated battery, second degree battery, and aggravated assault

» Mingling harmful substances

» Intentional exposure to the AIDS virus

» Arson and aggravated criminal damage to property

» Aggravated burglary, armed robbery, first-degree robbery, and purse snatching

» Extortion

» Assault by drive-by shooting and carjacking

» Aggravated crime against nature

» Illegal use of weapons or dangerous instrumentalities

» Terrorism

» Aggravated assault with a firearm

» Stalking

» Second degree cruelty to juveniles

» Trafficking of children for sexual purposes and human trafficking

» Home invasion

» Domestic abuse

» Vehicular homicide while intoxicated

• Sex offenses as defined in Rev. Stat. §§ 15:541, 14:106, 14:282, 14:283, 14:283.1, 14:284, 14:286, 40:966(A), 40:967(A), 40:968(A), 

40:969(A), and 40:970(A)

• The attempt or conspiracy to commit any of the above offenses

No child shall be newly placed in a foster home for temporary care, except for emergency placement, or for adoption if it is 

determined that the prospective foster or adoptive parent has been convicted of or pled nolo contendere to a felony listed below, 

unless 5 or more years have elapsed between the date of placement and the date of successful completion of any sentence, deferred 

adjudication, or period of probation or parole. The crimes include:

• Illegal possession of a controlled dangerous substance

• Possession of marijuana or synthetic cannabinoids

• Illegal manufacture and distribution of a controlled dangerous substance

A person’s application also may be disapproved if the person’s name is recorded on the central registry. 

Maine 

Who Needs Records Checks 

Citation: Rev. Stat. Tit. 18-A, § 9-304; Tit. 22, §§ 4005-E; 4038-C; Code of Rules §§10-148-016; 10-148-032

The following persons are required to undergo background checks:

• A petitioner for adoption of a minor child

• A grandparent seeking reasonable rights of visitation or access

• A relative who is requesting placement of a related child

• A potential permanency guardian

In regulation: Other persons who are required to undergo background checks include:

• Applicants for foster care licensure and adult members of the applicant’s household

• An individual applicant for a license, and for each paid, unpaid, temporary, or regular staff member, director, or volunteer, in a 

child care facility

• Governing body members, trustees, partners, corporate officers, owners, or operators who serve in a child-caring capacity at 

a child care facility
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Types of Records That Must Be Checked 

Citation: Rev. Stat. Tit. 18-A, § 9-304; Tit. 22, § 4005-E

The background check must include a screening for child abuse cases in the records of the Maine Department of Health and Human 

Services and criminal history record information obtained from the Maine Criminal Justice Information System and the Federal 

Bureau of Investigation. The criminal history record information obtained from the Maine Criminal Justice Information System must 

include a record of public criminal history record information as defined in Title 16, § 703(8). The criminal history record information 

obtained from the Federal Bureau of Investigation must include other State and national criminal history record information. 

Process for Obtaining Records Checks 

Citation: Rev. Stat. Tit. 18-A, § 9-304; Code of Rules § 10-148-016

Each prospective parent who is not the biological parent of the child shall submit to having fingerprints taken. The State Police, 

upon receipt of the fingerprint card, may charge the court for the expenses incurred in processing State and national criminal history 

record checks. The State Police shall take or cause to be taken the applicant’s fingerprints and shall forward the fingerprints to the 

State Bureau of Identification so that the bureau can conduct State and national criminal history record checks.

In regulation: At the time of initial application, the applicant shall undergo fingerprinting in order to allow the department to submit 

required fingerprint-based checks of national crime information databases.

At the time of initial or renewal application, the applicant shall submit releases signed by each adult member of the household and 

at the discretion of the department shall submit releases signed by any person who frequents the home who may have unsupervised 

access to the foster children permitting the department to request criminal history records from the Department(s) of Public Safety, 

State Police, Bureau of Identification, or other law enforcement agencies from any past or present residence, including out-of-State 

law enforcement agencies. 

Grounds for Disqualification

Citation: Rev. Stat. Tit. 18-A, § 9-304; Tit. 22, § 4005-E; Code of Rules §10-148-016 

A petitioner may be disqualified for placement of a child if it found that the petitioner:

• Has been convicted of a child-related sexual offense listed in Title 19-A, § 1653(6-A)(A), in which the victim was a minor at the 

time of the offense, and the petitioner was at least 5 years older than the minor except that, if the offense was gross sexual 

assault under Title 17-A, §253(1), and the minor victim submitted as a result of compulsion; the presumption applies regardless 

of the ages of the petitioner and the minor victim at the time of the offense

• Has been adjudicated in an action under Title 22, chapter 1071 of sexually abusing a person who was a minor at the time of the 

abuse

In regulation: The department shall not grant a license to a person who has been convicted of a felony involving:

• Child abuse or neglect

• Spousal abuse

• A crime against a child or children (including child pornography)

• A crime involving violence, including rape, sexual assault, or homicide

• Physical assault, battery, or a drug-related offense that was committed within the past 5 years

An application also may be denied if the applicant has an open child protective services case or a closed substantiated and/or 

indicated child protective services case. An open child protective services case includes a pending disposition of an open report, a 

case open for assessment, or a case open for services. 

Maryland 

Who Needs Records Checks 

Citation: Fam. Law § 5-561

The following facilities shall require employees and employers to obtain a criminal history records check:

• A licensed child care center, child care home, or child care institution

• A registered family child care home or large family child care home

• A juvenile detention, correction, or treatment facility

• A public, private, or nonpublic school

• A foster care family home or group facility

• A recreation center or recreation program operated by the State, a local government, or a private entity primarily serving 

minors
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• A day or residential camp primarily serving minors

• A home health agency or residential service agency licensed to provide home- or community-based health services for minors

A contractor or subcontractor shall require an employee that will have direct, unsupervised, and uncontrolled access to children in a 

facility listed above to obtain a criminal history records check.

The following individuals shall obtain a criminal history records check:

• An individual who is seeking to adopt a child through a child-placing agency

• A prospective guardian of a child

• An adult relative with whom a child is placed by the local department

• Any adult known to be residing in:

» A family child care home

» A home where informal child care is being provided or will be provided to a child who does not reside there

» A home of an adult relative of a child with whom the child is placed by the local department

» A foster care home or child care home

» A home of an individual seeking to adopt a child

» A home of an individual seeking to become a child’s guardian

• An individual who agrees to provide, or to continue providing, informal child care

Types of Records That Must Be Checked 

Citation: Fam. Law § 5-561; Code of Rules §§ 07.02.25.04; 07.02.25.10

Notwithstanding any provision of law to the contrary, an employee and employer in a facility identified above and individuals listed 

above shall apply for a national and State criminal history records check at any designated law enforcement office in this State or 

other location approved by the Department of Public Safety and Correctional Services.

In regulation: Before a resource home may be approved, an applicant and all household members age 18 and older shall apply for 

a State and Federal criminal background investigation. Before a resource home is approved, the local department shall request 

information from the State-maintained child abuse and neglect registry of any State in which an applicant or another adult in the 

household has lived within the past 5 years.

In order to approve a relative as a kinship parent, a local department shall conduct State and Federal criminal background checks 

and child protective services clearances. 

Process for Obtaining Records Checks 

Citation: Fam. Law §§ 5-562; 5-563; 5-564; Code of Rules §§ 07.02.25.04; 07.02.25.10 

As part of the application for a criminal history records check, the employee, employer, and individual identified above shall submit:

• A complete set of legible fingerprints at any designated State or local law enforcement office in the State or other location 

approved by the department

• A signed, sworn statement disclosing the existence of a criminal conviction or other judicial disposition

The department shall conduct the criminal history records check. Upon completion of the criminal history records check, the 

department shall submit the printed statement to the appropriate child-placing or registering agency. A printed statement issued 

under this section is valid in any county in the State.

In regulation: Before a resource home is approved, the local social services department shall request information from the Statemaintained child abuse and neglect registry of any State in which an applicant or another adult in the household has lived within the 

past 5 years to determine whether an individual in the household has a prior indicated finding of abuse or neglect. If the review of the 

records reveals a pending investigation, a decision may not be made as to the use of the home until the investigation is complete.

For a kinship placement, each household member age 18 or older shall apply for State and Federal criminal background checks and 

child protective services clearances. The local department shall request information from the records of any State in which an adult in 

the household has lived within the past 5 years to determine whether an adult in the household has a prior indicated finding of abuse 

or neglect. 
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Grounds for Disqualification

Citation: Code of Rules §§ 07.02.25.04; 07.02.25.10

The department may not approve or continue to approve as a resource home any home in which an adult in the household:

• Has a felony conviction for:

» Child abuse or neglect

» Spousal abuse

» A crime against a child or children, including child pornography

» A crime of violence, including rape, sexual assault, or homicide, but not including other physical assault or battery

» Human trafficking

• In the 5 years before the date of the application, has a felony conviction involving:

» Physical assault or battery

» A drug-related offense 

The department may not approve or continue to approve as a resource home any home in which an individual has an indicated child 

abuse or neglect finding. An exception may not be made unless approval is given in writing by the local director.

For a prospective kinship placement, the local department shall request information from the records of any State in which an adult 

in the household has lived within the past 5 years to determine whether an adult in the household has a prior indicated finding of 

abuse or neglect. The local department also shall obtain a certification signed by each prospective kinship parent stating that they 

have no prior criminal record or indicated findings of child abuse or neglect.

The local department may not approve, or continue to approve as a placement, any home in which an adult in the household:

• Has a felony conviction for child abuse or neglect; spousal abuse; a crime against children; child pornography; or a crime of 

violence, including rape, sexual assault, or homicide, but not including other physical assault or battery

• In the 5 years before the date of the request for a criminal background check, has a felony conviction, involving physical 

assault, battery, or a drug-related offense

The local department may not approve or continue to approve for kinship care any home in which an individual has an indicated child 

abuse or neglect finding. An exception may be made only upon approval in writing by the local director. 

Massachusetts 

Who Needs Records Checks 

Citation: Gen. Laws Ch. 15D, § 6; Ch. 210, § 3B; Code of Regs. Tit. 110, § 7.108

Background checks are required for the following persons:

• Operators of school-aged child care programs, child care centers, family child care homes, large family child care homes, 

placement agencies, group care facilities, or temporary shelter facilities

• Any person seeking approval as a provider of family foster care and all persons age 18 older residing at the home

• Prospective adoptive parents

In regulation: Background checks are required when the Department of Children and Families is considering a kinship placement for 

a child. Persons subject to a background check in a kinship placement may include any of the following:

• A persons related either by blood, marriage, or adoption, including an adult sibling, grandparent, aunt, uncle, or first cousin

• A significant other adult to whom a child and the child’s parents ascribe the role of family based on cultural and affectional ties 

or individual family values

• All household members age 14 older and on those younger about whom concerns exist

Types of Records That Must Be Checked 

Citation: Code of Regs. Tit. 110, § 7.107

For foster and preadoptive parent applicants, the department shall perform a comprehensive assessment that includes the following:

• A check of the department’s central registry and computerized data system

• For any applicant who has lived out of State within the 5 years prior to application, a check of the central registry of child abuse 

and neglect of each State in which the applicant lived in the prior 5 years

• A check of the State criminal offender record information

• A fingerprint-based check of the National Crime Information Databases for each foster or preadoptive parent during the initial

license study
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Process for Obtaining Records Checks 

Citation: Code of Regs. Tit. 110, §§ 7.100; 18.05

Whenever an individual contacts the department for the purpose of applying to be a foster or preadoptive parent, the department 

shall conduct an initial screening process to determine if the individual and any household member meets the department’s initial 

eligibility criteria.

All applicants shall complete an application form that contains a section requiring the applicant to disclose whether or not he or 

she has a criminal record and what crimes, if any, he or she has been convicted of. The application shall not require an applicant to 

disclose:

• An arrest, detention, or disposition regarding any violation of law in which no conviction resulted

• A first conviction for any of the following misdemeanors: drunkenness, simple assault, speeding, minor traffic violations, affray, 

or disturbance of the peace

• Any conviction of a misdemeanor where the date of such conviction or the completion of any period of incarceration resulting 

therefrom, whichever date is later, occurred 5 or more years prior to the date of the application

A prospective foster or preadoptive parent will be required to disclose whether or not he or she has a criminal record, including the 

crimes charged and the disposition of the charges. 

Grounds for Disqualification

Citation: Gen. Laws Ch. 15D, § 6; Ch. 210, § 3B; Code of Regs. Tit. 110, §§ 7.100; 18.10

If the result of any of a records check shows that any occupant of the home has a criminal record involving violence, abuse, or 

exploitation against any person, which bears adversely upon the person’s ability to assume and carry out the responsibilities of a foster 

parent or poses a serious threat of harm to a child, the home shall not be approved by the department.

When deciding whether to approve or reject a registration of interest for adoptive placement, the department shall conduct a review 

of any misdemeanor offense discovered through a criminal offender record information search in order to assist the department in 

accurately evaluating whether the mere existence of the offense has a substantial effect on the applicant’s current or future ability 

to assume and carry out the responsibilities of an adoptive parent in such a manner that the rights of the child to sound health and 

normal physical, mental, spiritual, and moral development are insured.

In regulation: An individual will not be eligible to apply to be a foster or preadoptive parent if he or she, or a member of the household:

• Has a criminal record which, in the judgment of the department bears adversely upon the individual’s ability to assume and 

carry out the responsibilities of a foster or preadoptive parent

• Has an open case with the department during the 12 months immediately preceding the initial screening process

A candidate for foster or preadoptive parent certification shall be ineligible if he or she has been convicted of or has any pending 

charges involving crimes listed in 110 CMR 18.16: Table A. Crimes on this list include, but are not limited to:

• Assault and battery with a dangerous weapon of a victim over age 60

• Assault and battery of a child or a retarded person 

• Armed assault with intent to murder or rob

• Armed robbery or carjacking

• Assault with intent to murder, maim, or rape

• Murder or manslaughter

• Distribution of a controlled substance to a minor

• Sexual exploitation of a child

• Incest 

• Indecent assault and battery of a child 

• Inducing a minor to prostitution

• Kidnapping 

• Negligent manslaughter of a minor

• Perjury

• Aggravated or statutory rape

• Trafficking in cocaine, heroin, or marijuana 

• Unnatural acts with a child under age 16

• Conspiracy to commit any of the above offenses 

• Accessory before any crime in this category

• Attempts to commit any crime in this category
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Michigan 

Who Needs Records Checks 

Citation: Comp. Laws Ann. §§ 722.115; 710.23f; 712A.19a; 722.115g

Background checks are required for individual applicants, owners, partners, and directors of the following child care organizations:

• Child-caring institutions and child-placing agencies

• Children’s camps, children’s campsites, and children’s therapeutic group homes

• Child care centers, daycare centers, nursery schools, and parent cooperative preschools

• Foster homes, group homes, and child care homes

Background checks also are required for the following persons:

• A person seeking to adopt a child

• A proposed guardian of the child

• All persons age 18 or older residing in the home

Types of Records That Must Be Checked 

Citation: Comp. Laws §§722.115f; 722.115h; 722.119; 712A.19a

The background investigation on an applicant shall include:

• A criminal history check by the State police department

• A criminal records check through the Federal Bureau of Investigation

Any person who will be present at a child care organization, including a licensee, registrant, adult household member, staff member, 

or unsupervised volunteer may not have contact with a child who is in the care of a child care organization, until he or she provides 

the child care organization with documentation from the Department of Human Services that he or she has not been named in a 

central registry case as the perpetrator of child abuse or child neglect. 

If a child is placed in a guardian’s or a proposed guardian’s home, the court shall order the department to conduct a criminal record 

check and a central registry clearance within 7 days. 

Process for Obtaining Records Checks 

Citation: Comp. Law §§ 722.115h; 722.115k

Each person applying for licensure shall give written consent at the time of application for the State police to conduct a criminal 

history check and a criminal records check. The department shall require the person to submit his or her fingerprints to the State 

police for the checks. The department shall request a criminal history check and criminal records check on a form and in the manner 

prescribed by the State police.

Within a reasonable time after receiving a complete request, the State police shall conduct the criminal history check and provide a 

report of the results to the department. The report shall contain any criminal history record information on the person maintained by 

the State police.

Within a reasonable time after receiving a proper request by the department for a criminal records check on a person, the State 

police shall initiate the criminal records check. After receiving the results of the criminal records check from the Federal Bureau of 

Investigation, the State police shall provide a report of the results to the department.

The State police shall store and maintain all fingerprints submitted under this act in an automated fingerprint identification system 

database that provides for an automatic notification at the time a subsequent criminal arrest fingerprint card submitted into the 

system matches a set of fingerprints previously submitted. 

Grounds for Disqualification

Citation: Comp. Law §§ 722.115g; 722.119; 710.722a; Admin. Code R 400.9205

An applicant will not be approved if a criminal history check reveals that a person over age 18 residing in the home has been 

convicted of an offense that requires a person to be listed on the sex offender registry.

A licensee or registrant, adult household member, licensee designee, chief administrator, or program director of a child care 

organization shall not be present in a child care organization, and a staff member or unsupervised volunteer shall not have contact 

with children who are in the care of a child care organization, if he or she has been convicted of either of the following:

• Child abuse under § 750.136b or neglect under § 750.145

• A felony involving harm or threatened harm to an individual within the 10 years immediately preceding the date of hire or 

appointment
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If a central registry clearance documents that a licensee, registrant, adult household member, licensee designee, chief administrator, 

staff member, or unsupervised volunteer is named as a perpetrator in a central registry case, he or she may not be present in the 

child care organization. 

A child shall not be placed with a prospective adoptive parent if a person authorized to place the child or the court authorized to 

issue the order has reliable information that the prospective adoptive parent has been convicted under any of the following:

• Accosting, enticing, or soliciting child for immoral purpose, as described in § 750.145a

• Any of the following provisions of § 750.145c:

» Persuading, enticing, coercing, or knowingly allowing a child to engage in a child sexually abusive activity for the purpose 

of producing any child sexually abusive material

» Distributing or promoting, or financing the distribution or promotion of, child sexually abusive material

» Knowingly possessing or knowingly seeking and accessing any child sexually abusive material

• Criminal sexual conduct with a minor, as described in §§ 750.520b to 750.520g

• A law of another State substantially similar to one of the crimes listed above

In regulation: If a foster home applicant, licensee, or adult household member is identified on a central registry as a perpetrator of 

child abuse or neglect in this State or any other State or Canadian province, he or she shall not be licensed or reside in a licensed 

foster home. 

Minnesota 

Who Needs Records Checks 

Citation: Ann. Stat. §§ 245A.03; 245C.03

An individual, corporation, partnership, voluntary association, or other organization must be licensed before engaging in any of the 

following activities:

• Operating a residential or a nonresidential program

• Receiving a child or adult for care, supervision, or placement in foster care or adoption

• Helping to plan the placement of a child or adult in foster care or adoption or engage in placement activities in this State, 

whether or not the adoption occurs in this State

In order to provide foster care for a child, an individual who is related to the child, other than a parent or legal guardian, must be 

licensed by the Department of Human Services.

For licensed programs, the department shall conduct a background study on:

• The person or persons applying for a license

• An individual age 13 and older, other than a person receiving services, who is living in the household where the licensed 

program will be provided

• Current or prospective employees or contractors of the applicant who will have direct contact with persons served by the 

program

• Volunteers or student volunteers who will have direct, unsupervised contact with persons served by the program

• An individual age 10 to 12 living in the household where the licensed services will be provided when the department has 

reasonable cause

• An individual who, without providing direct contact services at a licensed program, may have unsupervised access to children 

or vulnerable adults receiving services from a program, when the department has reasonable cause

• All managerial officials

Types of Records That Must Be Checked 

Citation: Ann. Stat. § 245C.08

A background study conducted by the department shall include a review of:

• Information related to names of substantiated perpetrators of maltreatment of vulnerable adults

• The department’s records relating to the maltreatment of minors in licensed programs, and from findings of maltreatment of 

minors as indicated through the social service information system

• Information from juvenile courts when there is reasonable cause

• Information from the Bureau of Criminal Apprehension, including information regarding a background study subject’s 

registration in Minnesota as a predatory offender

• Information from the National Crime Information System when the department has reasonable cause
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For a background study related to a child foster care application for licensure, a transfer of permanent legal and physical custody of a 

child, or adoptions, the department also shall review:

• Information from the child abuse and neglect registry for any State in which the background study subject has resided for the 

past 5 years

• Information from National Crime Information Databases, when the background study subject is age 18 or older

Process for Obtaining Records Checks 

Citation: Ann. Stat. § 245C.05 

The individual who is the subject of the background study must provide sufficient information to ensure an accurate study, including:

• The individual’s first, middle, and last name and all other names by which the individual has been known

• The current home address, city, and State of residence, including ZIP code

• His or her sex and date of birth

• His or her driver’s license number or State identification number

Every subject of a background study also must provide the home address, city, county, and State of residence for the past 5 years.

Every subject of a background study related to private agency adoptions or relative child foster care licensed through a private 

agency, who is age 18 or older, also shall provide to the department a signed consent for the release of any information received 

from National Crime Information Databases to the private agency that initiated the background study. 

For background studies conducted by the department for child foster care, adoptions, or a transfer of permanent legal and 

physical custody of a child, the subject of the background study, who is age 18 or older, shall provide the commissioner with a set of 

classifiable fingerprints obtained from an authorized agency.

The applicant, license holder, Bureau of Criminal Apprehension, law enforcement agencies, Commissioner of Health, and county 

agencies shall help with the study by giving the department criminal conviction data and reports about the substantiated 

maltreatment of adults and the substantiated maltreatment of minors.

The background study subject must be informed that the subject’s fingerprints collected for purposes of completing the background 

study must not be retained by the Department of Public Safety, Bureau of Criminal Apprehension, or by the department, but will be 

retained by the Federal Bureau of Investigation. 

Grounds for Disqualification

Citation: Ann. Stat. §§ 245C.15; 259.41

An individual is permanently disqualified if he or she has been convicted of any of the following offenses:

• Violation of the predatory offender registration law

• Murder or manslaughter 

• First- or second-degree assault, domestic assault, or spousal abuse

• Child abuse or neglect or a crime against children 

• Great bodily harm caused by distribution of drugs

• Aggravated robbery

• Kidnapping

• Murder of an unborn child

• Solicitation, inducement, and promotion of prostitution

• Criminal sexual conduct

• Criminal sexual predatory conduct

• Solicitation of children to engage in sexual conduct 

• Incest

• Malicious punishment of a child

• Felony-level neglect or endangerment of a child

• First-degree arson

• Drive-by shooting

• Felony-level stalking

• Shooting at or in a public transit vehicle or facility

• Indecent exposure involving a minor

• Use of minors in a sexual performance

• Possession of child pornography
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• Aiding, abetting, attempt, or conspiracy to commit any offense listed above

• Conviction of a similar offense in any other State or country

An individual is disqualified if less than 15 years have passed since the discharge of the sentence imposed for the commission of any 

of the following felony-level offenses:

• Weapons-related crimes

• Criminal vehicular homicide and injury

• Assault

• Criminal abuse or financial exploitation of a vulnerable adult

• False imprisonment

• Manslaughter or assault of an unborn child

• Indecent exposure not involving a minor

• A felony-level conviction involving alcohol or drug use

• Aiding, abetting, attempt, or conspiracy to commit any offense listed above

• Conviction of a similar offense in any other State or country

An individual is disqualified if less than 15 years has passed since the termination of the individual’s parental rights. 

An individual is disqualified if less than 10 years has passed since the discharge of the sentence imposed for the commission of any 

the following gross misdemeanor-level offenses:

• Public assistance fraud

• Criminal vehicular homicide and injury

• Assault or domestic assault

• Neglect or endangerment of a child

• Weapons violations

• Violation of an order for protection under section 518B.01, subdivision 14. 

• Aiding, abetting, attempt, or conspiracy to commit any offense listed above

• Conviction of a similar offense in any other State or country

An individual is disqualified if less than 7 years has passed since the discharge of the sentence imposed for the commission of a 

misdemeanor-level violation of any the offenses listed in statute. 

A home study prepared for a prospective adoptive parent that is used to consider placement of any child on whose behalf Title IV-E 

adoption assistance payments are to be made must not be approved if a background study reveals a felony conviction at any time 

for:

• Child abuse or neglect

• Spousal abuse

• A crime against children, including child pornography

• A crime involving violence, including rape, sexual assault, or homicide, but not including other physical assault or battery

A home study must not be approved if a background study reveals a felony conviction within the past 5 years for physical assault or 

battery or a drug-related offense. 

Mississippi 

Who Needs Records Checks 

Citation: Ann. Code § 43-15-6; Code of Rules §§ 18-006-104; 18-007-001

Background checks are required for each owner, operator, employee, prospective employee, volunteer, or prospective volunteer of 

the entity and/or any other that has or may have unsupervised access to a child served by the entity. 

In regulation: Background checks must be completed for:

• All household members who are at least age 14 in all foster care settings, including relative placements

• Employees, volunteers, and student field placement individuals or interns who work directly with children for residential childcaring agencies

• Persons seeking approval as a resource family home and adoptive family members

• Persons serving as mentors to transitioning youth

• All applicants and holders of a child care license, all applicants for employment in a paid or voluntary position (including board 

members), and all current employees in paid or voluntary positions in a child care facility
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Types of Records That Must Be Checked 

Citation: Ann. Code § 43-15-6; Code of Rules § 18-007-001

Each person or entity subject to a background check shall complete, through the appropriate governmental authority, a national 

criminal history record information check and a child abuse registry check.

In regulation: The licensing standards adopted by the Department of Human Services sets forth the specifics requirements for 

background checks.

Residential child-caring agencies shall have a personnel file for each employee that shall include the following:

• Results of the criminal background and central registry checks that must be conducted prior to employment and annually

• Results of a sex offender registry check that also must be conducted prior to employment and annually

• Documentation of a satisfactory Mississippi State Criminal Information Center (CIC) check, including the National Criminal 

Information Database (NCID), within 30 days of employment and every 5 years thereafter

For resource homes, the following are required:

• Criminal background and central registry checks, including fingerprinting, on all household members age 14 and older

• Background, criminal record, central registry, and sex offender registry checks, including fingerprinting, on all household 

members age 14 and older

For a prospective adoptive family, criminal background and central registry checks, include fingerprinting, on all household members 

age 14 and older are required. 

For all applicants and holders of a child care license, a review of past history is required. The review shall consist of the following 

components:

• A local criminal history check

• Clearance by the State central registry

• Clearance of a fingerprint-based background check through the NCID and the CIC

Process for Obtaining Records Checks 

Citation: Ann. Code § 43-15-6; Code of Rules § 18-007-001

In order to determine the applicant’s suitability for employment, the entity shall ensure that the applicant be fingerprinted by local 

law enforcement and the results forwarded to the Department of Public Safety. If no disqualifying record is identified at the State 

level, the fingerprints shall be forwarded by the Department of Public Safety to the Federal Bureau of Investigation for a national 

criminal history record check.

In regulation: Prospective resource parents shall complete an application form that shall include basic demographic information 

on all family members; a list of any criminal charges; and permission to perform a criminal background, central registry check and 

fingerprinting on all household members age 14 and older.

All applicants for a license and all staff members and applicants for employment in paid or voluntary positions must reveal on their 

application all past criminal convictions and/or charges, except for minor traffic violations, since age 16. Driving under the influence is 

not considered a minor traffic violation and must be reported to the department.

All applicants for a license and all staff members and applicants for employment in paid or voluntary positions shall submit 

authorization for release of Mississippi criminal information history check. 

Grounds for Disqualification

Citation: Ann. Code § 43-15-6; Code of Rules § 18-007-001 

An owner, operator, employee, prospective employee, volunteer, or prospective volunteer of the entity and/or any other that has 

or may have unsupervised access to a child who has a criminal history of conviction or pending indictment of a crime, whether a 

misdemeanor or a felony, that bears upon an individual’s fitness to have responsibility for the safety and well-being of children may 

not provide child care or operate, or be licensed as, a residential child care program, foster parent, or foster home.

In regulation: Any applicant or household member who has a criminal history of conviction or pending indictment of a crime, whether 

a misdemeanor or a felony, that bears upon an individual’s fitness to have responsibility for the safety and well-being of children 

may not provide child care or be licensed. Felony convictions include, but are not limited to, child abuse or neglect, spousal abuse, 

crimes against children (including child pornography), and crimes involving violence, which include rape, sexual assault, or homicide. 

If a record check reveals a felony conviction for physical assault, battery, or a drug-related offense, and if a court of competent 

jurisdiction has determined that the felony was committed, a final license shall not be granted.
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No applicant shall be hired or volunteer services used if convicted for committing a crime, or convicted as an accessory to a crime, in 

this or another State at any time if a State court of competent jurisdiction has determined a felony conviction for any of the following:

• Any abuse or neglect against a child

• Any felony against a child

• Any assault or abuse against a domestic partner or former domestic partner

• Any crime that has violence or threat of violence against any person, including, but is not limited to, any sex-related crime

• Rape in the first or second degree

• Sodomy in the first or second degree

• Sexual torture

Missouri 

Who Needs Records Checks 

Citation: Rev. Stat. § 210.487; Code of State Regs. Tit. 13, §§ 40-59.030; 40-59.050

Background checks are required for:

• An applicant for a foster parent license

• All persons age 17 and older residing in the applicant’s household

• Any child younger than age 17 residing in the applicant’s home who the Children’s Division has determined has been certified 

as an adult for the commission of a crime

In regulation: Background checks are required for:

• All foster, adoptive, and relative care providers

• All employees and volunteers who do or will provide services or care to children at any daycare home, daycare center, childplacing agency, residential care facility, group home, juvenile courts, public or private school, or any other public or private 

agency exercising temporary supervision over a child or providing or having care or custody of a child

Types of Records That Must Be Checked 

Citation: Code of State Regs. Tit. 13, §§ 40-59.020; 40-59.030; 40-59.050

Criminal records and child abuse and neglect registry checks are required for all foster, adoptive, and relative care providers.

The term ‘criminal and child abuse/neglect criminal records checks’ means the gathering of facts and records concerning foster, 

adoptive, and relative care providers, which may include, but are not necessarily limited to:

• A review of various automated systems, including the Missouri Child Abuse/Neglect Central Registry System, Missouri 

Criminal Records System, National Crime Information Center, Missouri Uniform Law Enforcement System, and others, as 

appropriate

• A review of all records, court documents, testimony, child abuse records, as appropriate, and all other information relating to 

any harmful acts or alleged harmful acts by an applicant

For child care employees and volunteers, checks of the child abuse/neglect central registry are required. 

Process for Obtaining Records Checks 

Citation: Rev. Stat. § 210.487; Code of State Regs. Tit. 13, § 40-59.030

When conducting investigations of persons for the purpose of foster parent licensing, the division shall:

• Conduct a search for all persons older than age 17 in the applicant’s household for evidence of full orders of protection

• Obtain three sets of fingerprints for any person older than age 17 in the applicant’s household, for use as follows:

» One set shall be used by the highway patrol to search the criminal history repository.

» One set shall be forwarded to the Federal Bureau of Investigation for searching the Federal criminal history files.

» One set shall be retained by the division.

• Determine whether any person older than age 17 residing in the home is listed on the child abuse and neglect registry

In regulation: All foster, adoptive, and relative care providers, prior to being granted approval, shall submit to the division an 

application for background screening on the form required by the division. Upon receipt of an application, the division shall 

determine that the application is acceptable for review. An acceptable application is one that contains identifying data and 

background information that is legible, complete, and properly entered on the form. Applications without required signatures shall 

not be acceptable. For acceptable applications, the division shall conduct the background screening and investigation. 
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Grounds for Disqualification

Citation: Code of State Regs Tit. 13, §§ 40-59.020; 40-59.030

Information obtained from the background checks regarding harmful acts to a child is provided to local division staff who are 

completing the home study. Findings of harmful acts do not automatically preclude licensure/approval/certification. The relevance of 

the findings to child-caring responsibilities will be determined by division staff.

The term ‘harmful act’ means an act that has been injurious to a child or that demonstrates a likelihood of injury to a child, or a 

reason to suspect a child abuse or neglect finding or conviction of any criminal offense where a child was a victim. 

Montana 

Who Needs Records Checks 

Citation: Ann. Code §§ 52-2-622; 42-3-203; Admin. Rules §§ 37.50.1101; 37.95.161

Background studies are required for:

• Persons operating youth care facilities

• Kinship or extended family care providers

• Applicants for youth foster home licensure

• Prospective adoptive parents

In regulation: The following persons are subject to background checks:

• Prospective guardians

• Daycare providers and all staff, including caregivers, administrative staff, aides, volunteers, kitchen and custodial staff, and all 

persons over age 18 residing in the daycare facility or who stays in the daycare facility regularly or frequently

Types of Records That Must Be Checked 

Citation: Ann. Code §§ 52-2-622; 42-3-203; Admin. Rules §§ 37.50.1101; 37.95.161

The background check for a foster care applicant or prospective guardian shall include information pertaining to criminal convictions, 

reports of domestic violence, and substantiated child abuse or neglect of children.

The background study of a prospective adoptive parent shall include a check of criminal conviction data, data on substantiated 

abuse or neglect of a child, and data pertaining to any involvement in incidents of domestic violence. The adoption study also may 

include a check of the youth court records of any person living in the prospective home.

In regulation: For daycare providers and staff, a satisfactory criminal background, motor vehicle, and child and adult protective 

services check is required. 

Process for Obtaining Records Checks 

Citation: Ann. Code §§ 52-2-622; 42-3-203; Admin. Rules § 37.51.310

The Department of Public Health and Human Services shall require a criminal background investigation of each foster care applicant 

by means of a fingerprint-based check by the Montana Department of Justice and the Federal Bureau of Investigation. 

The prospective adoptive parent, the Department of Justice, and other State, county, and local agencies, after written notice to the 

subject of the study, shall give the evaluator completing the adoption study substantiated data pertaining to criminal convictions and 

any reports concerning domestic violence and substantiated abuse or neglect of children or vulnerable adults. 

In regulation: For a youth foster home, a satisfactory criminal background, motor vehicle, and child and adult protective services 

check is required for each person living in the household. A new applicant must submit a completed fingerprint card so that a 

fingerprint-based criminal records check can be requested.

A criminal history check will be requested from every State in which an applicant has lived in the past 15 years. A check will be made 

of the violent offender and criminal history registries in those States if this information is available for States in which the applicant 

has lived.

If after 45 days, the department has been unable to obtain results of a criminal records check for an applicant who has lived in 

Montana for at least 5 years, the applicant must sign an affidavit attesting to his or her lack of criminal history or to the details of 

existing criminal history. The affidavit will be accepted in lieu of results from a criminal history check.

If an applicant has children, a child protective services check will be requested from all States in which an applicant has lived 

since the birth date of the applicant’s oldest child. If an applicant does not have children, a child protective services check will be 

requested from all States in which the applicant has lived in the previous 15 years.
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Grounds for Disqualification

Citation: Admin. Rules §§ 37.51.210; 37.51.216

An applicant against whom child abuse or neglect has been substantiated or who has been convicted of abuse, sexual abuse, 

neglect, or exploitation of an elderly person or person with a developmental disability shall be denied a foster care license 

unless an exception is granted by a department regional administrator in his or her discretion, after careful review of extenuating 

circumstances that justify the issuance of a restricted license.

An applicant whose child has been in foster care shall be denied a foster care license, unless an exception is granted by a 

department regional administrator because the circumstances leading to the provision of services and placement no longer exist.

The department, through written notice to the applicant, licensee, or potential emergency placement will deny, revoke, or restrict a 

license or emergency placement upon finding that the applicant, licensee, or member of the applicant’s or licensee’s household has 

a conviction for any of the following types of crimes: 

• Felony crimes involving violence, such as homicide, spousal abuse, felony partner or family member assault, and felony 

aggravated assault, but not including other assault and battery

• Acts and other crimes against children, including:

» Child abuse or neglect 

» Endangering the welfare of a child

» Incest

» Child sexual abuse

» Ritual abuse of a minor

» Child pornography

» Child prostitution

» Internet crimes involving children 

» Felony unlawful transactions with children

» Felony conviction for a drug-related offense within the previous 5 years, including but not limited to:

○ Use, distribution, or possession of controlled substances 

○ Criminal possession of precursors to dangerous drugs

○ Criminal manufacture of dangerous drugs

○ Criminal possession, manufacture, or delivery of drug paraphernalia 

○ Driving under the influence of alcohol or other drugs

» Other crimes, such as misdemeanor assault and battery, including misdemeanor partner or family member assault, 

robbery, or burglary, if convicted within the previous 5 years

» Crimes against older persons or developmentally disabled persons, such as abuse, sexual abuse, neglect, or exploitation

Nebraska 

Who Needs Records Checks 

Citation: Rev. Stat. §§ 71-1903; 43-107; 71-1912; Admin. Code Tit. 474, § 6-005.01 

Background checks are required for the following persons:

• A prospective foster parent and each member of the prospective foster parent’s household who is age 18 or older

• Prospective adoptive parents

• Applicants for licensure under the Child Care Licensing Act, including members of the applicants’ household and all staff and 

employees

A child care program includes employer-sponsored child care, family child care home, child care center, school-age child care 

program, school-age services, or preschool or nursery school.

In regulation: The background check requirements also apply to applicants, employees, and volunteers of group homes, child-caring 

agencies, and child-placing agencies. 

Types of Records That Must Be Checked 

Citation: Rev. Stat. §§ 71-1903; 43-1017; Admin. Code Tit. 474, §§ 6-003.14; 6-009.02; 6-009.06B

Before the foster care placement of any child in Nebraska by the State Department of Health and Human Services, the department 

shall require a national criminal history record information check of the prospective foster parent and each member of the 

prospective foster parent’s household who is age 18 or older.
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An adoption home study shall include a national criminal history record information check and a check of the central registry for any 

history of the petitioner or petitioners of behavior injurious to or which may endanger the health or morals of a child. 

In regulation: For foster parent applicants, each household member, appropriate to age, must be checked with:

• The State central registry of child protection cases

• The adult protective services central registry

• The State Patrol central registry of sex offenders

• The State Patrol for a national criminal history check with the Identification Division of the Federal Bureau of Investigation

Child-placing agencies must check the background of all employees and volunteers who have contact with children before 

participation with the agency. The background check shall include checks of:

• The State central registry of child protection cases 

• The adult protective services central registry

• The State Patrol central registry of sex offenders

The child-placing agency shall complete background checks of prospective adoptive parents and all members of the household age 

13 or older. The background checks shall include checks of:

• The State central registry of child protection cases

• The adult protective services central registry 

• The State Patrol central registry of sex offenders

Process for Obtaining Records Checks 

Citation: Rev. Stat. § 71-1903; Admin. Code Tit. 474, §§ 6-005.01; 6-005.16; 6-003.25B

For the criminal background check, the department shall provide two sets of legible fingerprints for the persons to the Nebraska 

State Patrol for submission to the Federal Bureau of Investigation. The Nebraska State Patrol shall conduct a criminal history record 

information check of the persons and shall submit the fingerprints to the Federal Bureau of Investigation for a national criminal 

history record information check. The criminal history record information check shall include information from Federal repositories 

of such information and repositories of such information in other States if authorized by Federal law. The Nebraska State Patrol shall 

issue a report of the results of such criminal history record information check to the department.

In regulation: The Nebraska Department of Health and Human Services is responsible for licensing foster homes, group homes, 

child-caring agencies, and child-placing agencies, and also is responsible for conducting needed background checks. Child-caring 

agencies must conduct background checks on their staff and volunteers. Child-placing agencies must conduct background checks 

on each applicant and licensee foster family household member, as well as on each adoptive family household member.

Each household member age 18 or older is subject to criminal history checks and shall file a complete set of his or her legible 

fingerprints and biographical information with the Nebraska State Patrol. The department is responsible for fingerprinting and 

processing fees for the national criminal history check. 

Grounds for Disqualification

Citation: Admin. Code Tit. 474, §§ 6-003.24 through 6-003.25B3

A conviction for, an admission of, or substantial evidence of crimes involving intentional bodily harm, crimes against children, or 

crimes involving moral turpitude on the part of a foster parent, adoptive parent, any member of the household, employee, or 

volunteer that has current bearing on the applicant’s provision of care is basis for the denial or revocation of a license or approval.

The department shall deny licensure to any applicant currently charged, indicted, or convicted for any of the following crimes:

• Aggravated or armed robbery

• Arson

• First- or second-degree assault

• Child abandonment, abuse, or neglect

• Child molestation or debauching a minor

• Commercial sexual exploitation of a minor

• Criminal nonsupport

• Domestic violence

• Exploitation of a minor involving drug offenses

• Felony controlled substances offenses

• Felony violation of custody

• Incest 
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• Kidnapping

• First- or second-degree murder or voluntary manslaughter

• Robbery

• Sexual abuse of a minor 

• Sexual assault

• Sexual exploitation of a minor, including child pornography

The department shall deny licensure to any applicant convicted in the past 5 years of any of the following crimes: 

• Burglary

• Driving under the influence 

• Misdemeanor controlled substances offenses 

• Misdemeanor contributing to the delinquency of a child

Each household member age 13 or older must be cleared against the central registry of child protection cases. The department shall 

deny licensure if any household member is identified as a perpetrator on the central registry.

Each household member age 18 or older must be cleared against adult protective services (APS) central registry. The department shall 

deny licensure if any household member is identified as a perpetrator on the APS central registry. 

Nevada 

Who Needs Records Checks 

Citation: Rev. Stat. §§ 424.031; 424.280; 127.235; Admin. Code § 432A.200

Background checks must be completed for the following persons:

• Each applicant for a license to conduct a foster home

• A person who is licensed to conduct a foster home

• An employee of that applicant or licensee

• Any resident of a foster home who is age 18 or older who is not in an extended foster placement

• Any person who is age 18 or older who routinely supervises a child in a foster home

• A prospective adoptive parent and any member of the household who is age 18 or older

• A relative of a child who is seeking guardianship of that child

In regulation: Background checks are required for personnel at child care facilities, including:

• Every applicant and his or her employees

• Every resident of the facility who is age 18 or older

• Every resident of the facility who is at least age 16 but younger than age 18

• Every volunteer of the facility who is at least age 16 and who regularly works for 15 hours or more per week in the facility

Types of Records That Must Be Checked 

Citation: Rev. Stat. §§ 424.033; 127.281; 432B.625; Admin. Code § 432A.200

The background check shall include:

• A records check by the local law enforcement agency

• A request for a check to the Central Repository for Nevada Records of Criminal History

• Submission of the person’s fingerprints to the Federal Bureau of Investigation for a check of national criminal history records

• A screening of the State child abuse and neglect central registry

In regulation: The investigation of child care personnel shall include, at a minimum, checking the State child abuse and neglect central 

registry and performing a background check with local law enforcement. 

Process for Obtaining Records Checks 

Citation: Rev. Stat. §§ 424.031; 424.033; 432B.625; 127.281

The licensing authority or a person or entity designated by the licensing authority shall obtain from appropriate law enforcement 

agencies information on the background and personal history of each applicant.

Each person who is required to have a background check must submit to the licensing authority or its approved designee:

• A complete set of fingerprints and written permission authorizing the licensing authority designee to forward those fingerprints to 

the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report 

to enable the licensing authority designee to conduct the required investigation

• Written permission to conduct a child abuse and neglect screening
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For each person who submits the required documentation, the licensing authority or its approved designee shall conduct a child 

abuse and neglect screening of the person in every State in which the person has resided during the immediately preceding 5 years.

The licensing authority or its approved designee may exchange with the Central Repository or the Federal Bureau of Investigation 

any information respecting the fingerprints submitted. When a report from the Federal Bureau of Investigation is received by the 

Central Repository, it shall immediately forward a copy of the report to the licensing authority or its approved designee. 

Grounds for Disqualification

Citation: Rev. Stat. § 424.031; Admin. Code §§ 127.240; 424.190; 424.195 

A foster care application shall not be approved if the records check determines that the person has been arrested for, has charges 

pending for, or has been convicted at any time of:

• Murder, voluntary manslaughter, or mayhem

• Felony use or threatened use of force, violence against a victim, or the use of a firearm or other deadly weapon 

• Assault with intent to kill or to commit sexual assault or mayhem

• Sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure, any other-sexually related crime, or felony 

prostitution

• Abuse or neglect of a child or contributory delinquency

• Possession, distribution, or use of any controlled substance or dangerous drug

• Abuse, neglect, exploitation, isolation, or abandonment of older or vulnerable persons

• Any offense relating to pornography involving minors

• Felony domestic violence 

Approval will be denied for a conviction within the immediately preceding 7 years for:

• Fraud, theft, embezzlement, burglary, robbery, or misappropriation of property

• Misdemeanor prostitution, solicitation, lewdness, indecent exposure, or any other sexually-related crime

• Misdemeanor domestic violence 

• Medicaid or Medicare fraud

• The sale, furnishing, purchase, consumption, or possession of alcoholic beverages by a minor

• Driving a vehicle under the influence of alcohol or a controlled substance

• Attempt or conspiracy to commit any of the offenses listed above

In regulation: An application to adopt, or a license to operate a foster home, must be denied if:

• Based upon a substantiated investigation, the applicant or a member of the applicant’s household who is age 18 or older:

» Has been convicted of a crime involving harm to a child

» Has charges pending against him or her for a crime involving harm to a child

» Has been arrested and is awaiting final disposition of the charges pending against him or her for a crime involving harm to 

a child

• The applicant or a member of the applicant’s household who is age 18 or older has charges pending against him or her for a 

felony conviction involving, or has been arrested and is awaiting final disposition of possible or pending charges against him 

or her involving:

» Child abuse or neglect

» Spousal abuse

» Any crime against children, including child pornography

» Any crime involving violence, including rape, sexual assault, or homicide, but not including other physical assault or battery

» Physical assault, battery, or a drug-related offense, if the assault, battery, or drug-related offense was committed within the 

past 5 years

When the investigation of any applicant for a license to operate a foster home reveals a finding of substantiated abuse or neglect of 

a child, or whose own children have been in foster care or otherwise placed outside of his home for the purpose of adoption or foster 

care, the application to operate a foster home must be denied. 
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New Hampshire 

Who Needs Records Checks 

Citation: Rev. Stat. §§ 170-E:29; 170-E:29-a; 170-B:18

Background checks are required for persons are responsible for the care of children or have regular contact with children, including:

• Staff of foster family homes, institutions, and child-placing agencies

• Prospective foster parents and any other adult living in the home

• Personnel of child care institutions and child care agencies, including prospective employees, new household members, and 

any current household member who turns age 17

Background checks are required for all prospective adoptive parents and any other adult living in the home. 

Types of Records That Must Be Checked 

Citation: Rev. Stat. §§ 170-E:29; 170-E:29-a; 170-B:18

The background check shall consist of a fingerprint-based criminal record check of national crime information databases and a 

central registry check. For the criminal record check, the Department of Human Services shall submit the applicant’s fingerprints 

to the Department of Safety, Division of State Police, for forwarding to the Federal Bureau of Investigation. Upon completion of the 

criminal record check, the Division of State Police shall forward the results to the department.

The central registry check shall include a check of the department’s central registry of founded reports of child abuse and neglect 

and a check of the child abuse and neglect registries in any other State in which the applicant and any other adult living in the home 

has resided in the preceding 5 years. 

Process for Obtaining Records Checks 

Citation: Rev. Stat. §§ 170-E:29; 170-E:29-a; 170-B:18

For prospective employees, foster parents, and adoptive parents, the appropriate agency must submit the names, birth dates, and 

addresses of those persons to the department. The department shall review the names, birth names, birth dates, and current and 

previous addresses of the persons against the State child abuse and neglect registry. The department also shall submit the names, 

birth names, birth dates, and addresses to the State police to obtain information about criminal convictions.

For the criminal record check, the department shall submit the applicants’ fingerprints to the Department of Safety, Division of State 

Police, for forwarding to the Federal Bureau of Investigation. Upon completion of the criminal record check, the Division of State 

Police shall forward the results to the department.

For child care facilities, a person requiring a background check shall submit directly to the Department of Safety a notarized criminal 

history records release form, as provided by the New Hampshire Division of State Police, to authorize the release of the person’s 

criminal records, if any, to the department. The person shall submit with the release form a complete set of fingerprints taken by a 

qualified law enforcement agency or an authorized employee of the Department of Safety.

The department shall review the applicant’s name, birth dates, and current and previous addresses in the State child abuse and 

neglect registry. The Department of Safety shall submit the criminal history records release form to the Division of State Police, which 

shall conduct a criminal history records check through its records and through the Federal Bureau of Investigation. 

Grounds for Disqualification

Citation: Rev. Stat. §§ 170-E:29; 170-E:29-a; Admin. Rules He-C 6448.13

An application shall be denied if the person has been convicted of:

• A violent or sexually-related crime against a child

• A crime that shows that the person might be reasonably expected to pose a threat to a child, such as a violent crime or a 

sexually-related crime against an adult

If any individual whose name has been submitted for this check has been convicted of crimes against minors or adults or is the 

subject of a founded complaint of child abuse or neglect, the department may deny the license or permit, revoke a license, or 

suspend a license pending the development and implementation of a corrective action plan approved by the department. The 

department shall conduct an investigation in accordance with rules adopted under this subdivision to determine whether the 

individual poses a present threat to the safety of children.
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A child care facility may not employ any person if that person:

• Has been convicted of:

» A felony offense or violent crime deemed directly or indirectly harmful to children in child residential care

» Crimes against minors or adults

• Is the subject of a founded complaint of child abuse or neglect

In regulation: The adoptive parent applicant shall not have been convicted of child abuse or neglect or any other serious crime that 

would affect the ability to care for children.

If the check of the State child abuse and neglect central registry reveals a founded report for any member of the adoptive parent 

applicant’s household, department staff, in cooperation with staff from the child-placing agency, shall conduct a complete review of 

the circumstances surrounding the report. After review, if the department determines that the household member poses no further 

threat to any child, the child-placing agency shall proceed with the application process. 

New Jersey 

Who Needs Records Checks 

Citation: Ann. Stat. §§ 30:4C-26.8; § 9:3-54.2; 30:4C-86; Admin. Code §§ 10:122C-1.2; 10:122-4.9

Background checks are required for the following persons:

• A prospective family resource parent and members of the prospective parent’s household

• Each prospective adoptive parent and each member of the prospective adoptive parent’s household, age 18 or older

• A prospective kinship legal guardian and any adult residing in the household

In regulation: A resource family parent includes any person with whom a child in the care, custody, or guardianship of the 

Department of Children and Families is placed for resource family care, and any person with whom a child is placed by the Division 

of Child Protection and Permanency for the purpose of adoption until the adoption is finalized. The types of resource family care 

include:

• Regular foster care

• Contract agency home care

• Kinship care

• Adoptive care

The directors and staff of child care centers also are required to complete background checks as a condition of licensure. 

Types of Records That Must Be Checked 

Citation: Ann. Stat. §§ 30:4C-26.8; 30:4C-27.7; 30:4C-86

The background check for a resource family parent shall include:

• State and Federal criminal history record checks

• A child abuse record information check

• A child abuse record information check from each State in which the prospective resource family parent and any other adult 

residing in the home has resided in the preceding 5 years

A prospective kinship legal guardian shall undergo: 

• A criminal history record background check by the Division of State Police and the Federal Bureau of Investigation

• A domestic violence central registry check

• A child abuse registry record check

Process for Obtaining Records Checks 

Citation: Ann. Stat. §§ 9:3-54.2; 30:4C-26.8; 30:4C-27.7; Admin. Code § 10:122C-2.1 

Each applicant and each adult member of the applicant’s household shall submit to the approved agency standard fingerprint cards 

containing his or her name, address, and fingerprints taken by a State or municipal law enforcement agency. The applicant also must 

provide written consent for the release of records. 

Upon receiving the written consent, the division shall complete an investigation to ascertain if there is a State or Federal record of 

criminal history for the prospective adoptive or resource family parent or any other adult residing in the prospective parent’s home. 

The investigation shall be conducted by the Division of State Police in the Department of Law and Public Safety and shall include an 

examination of its own files and the obtaining of a similar examination by Federal authorities.
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In regulation: The resource family application for an initial license shall include: 

• Information necessary for a State and Federal Criminal History Record Information background check for each applicant, each 

household member age 18 years or older, each new adult household member, and each household member who reaches 

age 18

• Information necessary for a child abuse record information background check 

• Disclosure of any convictions for crimes or disorderly persons offenses for each applicant and each household member 

age 14 or older

Grounds for Disqualification

Citation: Ann. Stat. §§ 30:4C-26.8; 30:4C-27.9 

A person shall be disqualified from being a resource family parent or shall not be eligible to adopt a child if that person or any adult 

residing in that person’s household ever committed a crime which resulted in a conviction for:

• A crime against a child, including endangering the welfare of a child, child pornography, child abuse, neglect, or 

abandonment

• Murder or manslaughter

• Aggravated assault in the second or third degree

• Stalking

• Kidnapping, criminal restraint, false imprisonment, interference with custody, or criminal coercion

• Enticing a child into a motor vehicle, structure, or isolated area

• Sexual assault, criminal sexual contact, or lewdness

• Robbery in the first degree

• Burglary in the second degree

• Domestic violence

• Endangering the welfare of an incompetent person or an elderly or disabled person

• Terrorist threats

• Arson 

A person shall be disqualified from being a resource family parent if that person or any adult residing in that person’s household was 

convicted of one of the following crimes and the date of release from confinement occurred during the preceding 5 years:

• Simple assault

• Aggravated assault in the fourth degree

• A drug-related crime

• Robbery in the second degree

• Burglary in the third degree

A conviction for one of the offenses listed above has occurred if the person has been convicted under the laws of this State or any 

other State or jurisdiction for an offense that is substantially equivalent to the offenses listed above.

For the purposes of this section, the term ‘date of release from confinement’ means the date of termination of court-ordered 

supervision through probation, parole, or residence in a correctional facility, whichever date occurs last.

If the division determines that an incident of child abuse or neglect by any household member has been substantiated, the 

application for licensure or renewal shall be denied. An exception may be made when it is determined that a foster child will not be 

endangered by remaining in the current foster home. 

New Mexico 

Who Needs Records Checks 

Citation: Ann. Stat. § 32A-15-3; Admin. Code § 8.26.4.16

Background checks are required for the following persons:

• All operators, staff, and employees, and prospective operators, staff, and employees, of child care facilities and juvenile 

detention, correction, or treatment facilities

• All prospective foster or adoptive parents and other adult relatives and nonrelatives residing in the prospective foster or 

adoptive parent’s household

In regulation: Relatives who provide foster care to children in State custody must be licensed and are required to undergo 

background checks. 
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Types of Records That Must Be Checked 

Citation: Ann. Stat. § 32A-15-3; Admin. Code §§ 8.26.4.10; 8.26.4.11

Nationwide criminal history record checks are required for all persons listed above. 

In regulation: The background check shall include:

• State and Federal criminal records checks

• An additional criminal record check of the applicant and all adults living in the applicant’s home through a search of 

http://nmcourts.com/

• A check for abuse and neglect referrals

If the applicant or any other adult living in the home resided in any State(s) other than New Mexico in the 5 years prior to the date of 

the application, the Protective Services Division (PSD) shall request that each such State review its abuse and neglect information 

system or registry for information on the applicant or other adults living in the home and submit the results of that review to PSD. 

Process for Obtaining Records Checks 

Citation: Ann. Stat. § 32A-15-3; Admin. Code §§ 8.26.4.10; 8.26.4.11

The Children, Youth and Families Department (CYFD) shall fingerprint all persons who are required to obtain background checks. 

CYFD shall conduct the background checks and shall submit a fingerprint card for those individuals to the Department of Public 

Safety and the Federal Bureau of Investigation for this purpose.

In regulation: The CYFD Criminal Records Checks (CRC) unit conducts Federal and State criminal records checks for all applicants 

and adults living in the home. PSD placement staff or agency staff shall submit to the CYFD CRC unit two completed fingerprint 

cards for each applicant and adult living in the applicant’s home. 

For families seeking to become foster or adoptive homes through agencies other than PSD, the agency shall submit, at the time 

they submit fingerprint cards, a signed PSD-approved ‘abuse and neglect check for prospective foster or adoptive parents’ form to 

request that the CRC unit conduct a review for abuse and neglect referrals on the applicant and each adult living in the applicant’s 

home. 

Grounds for Disqualification

Citation: Admin. Code §§ 8.26.4.10; 8.26.4.11 

Licensure shall not be approved in any case in which the CRC results for the applicant or any adult living in the applicant’s home 

reveal any of the following federally mandated automatic disqualifiers:

• A felony conviction for child abuse or neglect

• A felony conviction for spousal abuse

• A felony conviction for a crime against children, including child pornography

• A conviction for any crime involving violence such as rape, sexual assault, or homicide, but does not include other physical 

assault or battery

• A felony conviction within the past 5 years for physical assault, battery, or a drug-related offense

Applicants who have a conviction for crimes other than those noted above are not automatically disqualified; however, this 

information shall be used to determine suitability for licensure. All police or court records relating to the applicant or other adult 

living in the home shall be considered in determining suitability for licensure.

If the applicant or any adult living in the applicant’s home has been the subject of a substantiated allegation of sexual exploitation 

or sexual abuse of a child, or has been substantiated for child abuse that resulted in a child fatality, then the applicant shall not be 

licensed.

In the event of a substantiated report of child abuse or neglect, other than substantiated sexual exploitation or sexual abuse as listed 

above, involving the applicant or any adult living in the home, the application is assessed on a case-by-case basis to determine if the 

safety of any child in the home can be assured. This information shall be used to determine suitability for licensure.

Persons who have been referred to PSD for investigation of allegations of child abuse or neglect or exploitation may be considered 

for licensure. The best interests of children are paramount. Licensure may be denied based on the professional judgment of the 

licensing agent. 
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New York 

Who Needs Records Checks 

Citation: Soc. Serv. §§ 378-a; 390-b; Code of Rules Tit. 18, § 443.7

Criminal history background checks must be completed for the following persons: 

• Any prospective foster parent or prospective adoptive parent

• A prospective successor guardian

• Any person over age 18 who is currently residing in the home of a person listed above

• Any operator, employee, or volunteer of a child daycare center or school-age child care provider

In regulation: A completed statewide central register database check is required for certifying or approving potential emergency 

foster homes and emergency relative foster homes. 

Types of Records That Must Be Checked 

Citation: Soc. Serv. § 378-a; Dom. Rel. § 112; Code of Rules Tit. 18, § 443.10

The criminal history background check includes a check of records in any State or Federal jurisdiction.

An adoption home study includes a check of the Statewide Central Register of Child Abuse and Maltreatment.

In regulation: The procedure for renewal and reopening certified foster homes includes:

• The completion of a criminal history record check

• A database check through the central register and the check of the Justice Center’s register of substantiated category-one 

cases of abuse or neglect

If the adult spouse resided in another State at any time during the 5 years preceding a new application, a request must be made for 

child abuse and maltreatment information maintained in the child abuse and maltreatment registry from the applicable child welfare 

agency in the State of previous residence. 

Process for Obtaining Records Checks 

Citation: Soc. Serv. § 378-a 

For each person subject to a background check, an authorized agency shall perform a criminal history record check with the Division 

of Criminal Justice Services. The Division of Criminal Justice Services is authorized to submit fingerprints to the Federal Bureau of 

Investigation for the purpose of a nationwide criminal history record check to determine whether the person being investigated has a 

criminal history in any State or Federal jurisdiction.

Every authorized agency shall obtain a set of fingerprints for the person being investigated, and such other information as is required 

by the Office of Children and Family Services and the Division of Criminal Justice Services. The authorized agency shall provide to 

the applicant blank fingerprint cards and a description of how the completed fingerprint cards will be used upon submission to the 

authorized agency. The authorized agency shall promptly transmit the fingerprint cards to the Office of Children and Family Services. 

The Office of Children and Family Services shall promptly submit the fingerprint cards to the Division of Criminal Justice Services for 

its full search and processing.

The Division of Criminal Justice Services shall promptly provide to the Office of Children and Family Services a criminal history 

record, if any, with respect to the person being investigated, or a statement that the individual has no criminal history record. 

Grounds for Disqualification

Citation: Soc. Serv. § 378-a 

Notwithstanding any other provision of law to the contrary, an application for certification or approval of a prospective foster or 

adoptive parent shall be denied when the criminal history record reveals a conviction for:

• A felony conviction at any time involving:

» Child abuse or neglect

» Spousal abuse

» A crime against a child, including child pornography

» A crime involving violence, including rape, sexual assault, or homicide, other than a crime involving physical assault or 

battery

• A felony conviction within the past 5 years for physical assault, battery, or a drug-related offense

An application for certification or approval of a prospective foster or adoptive parent may be denied when:

• A criminal history record reveals a charge or a conviction of a crime other than one set forth above

• A criminal history record of any other person over age 18 who resides in the home reveals a charge or a conviction of any crime
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North Carolina 

Who Needs Records Checks 

Citation: Gen. Stat. §§ 131D-10.3A; 48-3-309; 110-90.2 

Background checks are required for the following persons:

• All foster parents, individuals applying for licensure as foster parents, and individuals age 18 or older who reside in a family 

foster home

• All prospective adoptive parents and all individuals age 18 or older who reside in the prospective adoptive home

• Child care providers, including any person who:

» Is employed by or seeks to be employed by a child care facility, whether in a temporary or permanent capacity, including 

substitute providers

» Owns or operates or seeks to own or operate a child care facility or nonlicensed child care home

» Is a member of the household in a family child care home, nonlicensed child care home, or child care center in a residence 

who is over age 15, including family members and nonfamily members who use the home on a permanent or temporary 

basis as their place of residence

Types of Records That Must Be Checked 

Citation: Gen. Stat. §§ 131D-10.3A; 48-3-309; Admin. Code Tit. 10A, § 70H.0405

The background check must include county, State, and Federal criminal histories.

In regulation: The background check also must include:

• A search of the Responsible Individual’s List for child protective services

• The results of child abuse and neglect central registry checks of States in which the applicant has resided the past 5 years

Process for Obtaining Records Checks 

Citation: Gen. Stat. §§ 48-3-309; 131D-10.3A

The Department of Health and Human Services shall ensure that the criminal histories of all individuals who are required to be 

checked are checked for county, State, and Federal criminal histories.

For each person to be checked, the Department of Public Safety shall provide the department with the criminal history obtained 

from the State and national repositories of criminal histories as requested by the department. Along with the request, the 

department shall provide to the Department of Public Safety the fingerprints of the individual to be checked, any additional 

information required by the Department of Public Safety, and a form consenting to the check of the criminal record and to the 

use of fingerprints and other identifying information required by the State or national repositories signed by the individual to be 

checked. The fingerprints of the individual to be checked shall be forwarded to the State Bureau of Investigation for a search of the 

State’s criminal history record file, and the State Bureau of Investigation shall forward a set of fingerprints to the Federal Bureau of 

Investigation for a national criminal history record check. 

Grounds for Disqualification

Citation: Gen. Stat. §§ 48-3-309; 131D-10.3A; Admin. Code Tit. 10A, § 70E.1115

The department shall prohibit an individual from providing foster or adoptive care if an individual required to submit to a criminal 

history check has a criminal history. The department may prohibit an individual from providing foster care by denying or revoking the 

license to provide foster care, or receiving a child for adoption, if the department determines that the safety and well-being of a child 

placed in the home would be at risk based on other criminal convictions, whether felony or misdemeanor.

A disqualifying criminal history includes any county, State, and Federal conviction of a felony by a court of competent jurisdiction or 

pending felony indictment of a crime for:

• Child abuse or neglect

• Spousal abuse

• A crime against a child, including child pornography

• A crime involving violence, including rape, sexual assault, or homicide, other than physical assault or battery 

• Physical assault, battery, or a drug-related offense, if the offense was committed within the past 5 years

• Similar crimes under Federal law or the laws of other States
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In regulation: An applicant is not eligible for licensure if the applicant has within the last 5 years been substantiated for abuse or 

serious neglect and is placed on the Responsible Individuals List. After 5 years, an applicant who is on the Responsible Individuals 

List may be considered for licensure based on the following factors:

• The nature of the substantiation

• The length of time since the substantiation

• The circumstances surrounding the substantiation

• Evidence of rehabilitation

• The person’s history of convictions and violations

North Dakota 

Who Needs Records Checks 

Citation: Cent. Code § 50-11-02; 14-15-11; 50-11.1-02; Admin. Code § 75-03-14-07

Background checks are required for the following persons:

• A prospective foster parent

• A prospective adoptive parent

• A staff member, including an operator, caregiver, provider, or any other employee or volunteer of an early childhood program

An early childhood program is a licensed program in which childhood services are provided for at least 2 hours a day for 3 or more 

days a week. The term ‘early childhood services’ means the care, supervision, education, or guidance of a child or children, which can 

be provided in the following settings:

• A child care center

• Family child care that can be provided in a licensed private residence

• Group child care

• School-age child care

In regulation: Background checks are required for all adults living in the family foster home for children. 

Types of Records That Must Be Checked 

Citation: Admin. Code § 75-03-14-01

A background check includes a child protection services check in each State that the individual has resided in the previous 5 years 

and a criminal history record investigation. 

Process for Obtaining Records Checks 

Citation: Cent. Code §§ 50-11-06.8; 50-12-03.2 

For each person subject to a background check, the appropriate agency shall secure from a law enforcement agency or any other 

agency authorized to take fingerprints two sets of fingerprints and shall provide all other information necessary to secure State 

criminal history record information and a nationwide background check under Federal law. Upon a request of an agency, a law 

enforcement agency shall take fingerprints of any person in need of a background check. An agency that takes fingerprints as 

provided under this section may charge a reasonable fee to offset the cost of fingerprinting.

The agency shall assure that information obtained under the above subsection is provided to the Department of Human Services. 

Upon receipt of all fingerprints and necessary information relating to a criminal history record investigation, the department shall 

submit the fingerprints and information to the Bureau of Criminal Investigation.

The Bureau of Criminal Investigation shall request a nationwide background check from the Federal Bureau of Investigation and, 

upon receipt of a response, provide the response from the Federal Bureau of Investigation to the department. The Bureau of 

Criminal Investigation also shall provide any criminal history record information that may lawfully be made available under chapter 

12-60 to the department.

Grounds for Disqualification

Citation: Cent. Code § 50-11-02.1; Admin. Code §§ 75-03-14-04.1; 75-03-14-04

Conviction of an offense does not disqualify a person from licensure unless the department determines that the offense has a direct 

bearing upon that person’s ability to serve the public as the operator of a facility or that, following conviction of any offense, the 

person is not sufficiently rehabilitated.
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In regulation: An applicant must not have been found guilty of, pled guilty to, or pled no contest to:

• Any of the following offenses described in North Dakota Century Code:

» Homicide

» Assaults, threats, or coercion

» Kidnapping

» Gross sexual imposition or sexual imposition

» Corruption or solicitation of minors

» Sexual abuse of wards

» Sexual assault

» Robbery or felony burglary

» Sexual performances by children 

» Promoting or facilitating prostitution 

» Child procurement

• An offense under the laws of another jurisdiction that is substantially similar as any of the offenses listed above

• An offense, other than one listed above, if the department determines that the individual has not been sufficiently 

rehabilitated

A resident of the family foster home for children, except a foster child, may not have been the subject of a child abuse or neglect 

assessment in which a services-required decision was made unless the director or foster care supervisor of the regional center, after 

making appropriate consultation with persons qualified to evaluate the capabilities of the resident, documenting criteria used in 

making the decision, and imposing any restrictions deemed necessary, approves the issuance of a license, and if:

• The resident can demonstrate the successful completion of an appropriate therapy.

• The resident can demonstrate the elimination of an underlying basis precipitating the neglect or abuse.

Northern Mariana Islands 

Who Needs Records Checks 

Citation: Comm. Code Tit. 1, § 2374(h); Tit. 8, § 1410; Admin. Code § 55-40.1-101

Certification is required for prospective foster parents in order to ensure a safe, healthy, and moral environment for the juvenile.

If ordered by the court, the Division of Youth Services or any other qualified person or agency designated by the court shall conduct 

an investigation of the prospective adoptive parent to ascertain whether the adoptive home is a suitable home for the minor and 

whether the proposed adoption is in the best interests of the minor. A criminal background check is not specified as part of the 

background check for a foster or adoptive parent. 

In regulation: A background check is required for applicants, and their employees and volunteers, as part of the application to obtain 

a child care license to operate a daycare center, group child care home, family child care home, infant/toddler center, and beforeand-after school program. 

Types of Records That Must Be Checked 

Citation: Admin. Code § 55-40.1-101 

The department shall conduct employment history, background checks, and criminal history checks on all applicants. 

Process for Obtaining Records Checks 

Citation: Admin. Code § 55-40.1-101 

Applicants shall provide criminal history, background, employment information, and consent to conduct the required records checks. 

Grounds for Disqualification

Citation: Admin. Code § 55-40.1-226

Applicants, employees, and volunteers shall be of reputable and responsible character and shall not have a criminal history record, 

employment history, or background that poses a risk to children in care.

Conviction of a crime involving violence, alcohol or drug abuse, sex offense, offense involving children, and any other conviction, the 

circumstances of which indicate that the applicant or employee may pose a danger to children, are grounds for denial or revocation 

of a license. The type of criminal offense, when it occurred, and evidence of rehabilitation may be considered in determining whether 

the criminal history record poses a risk to the health, safety, or well-being of children in care. 
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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 employee may pose a danger to children, may be grounds for denial or 

revocation of a license or a reason to request termination of an employee.

Background information that shows that the individual has been identified as and substantiated to be the perpetrator of child abuse 

or neglect may be a basis for denial or revocation of a license or a reason to request termination of an employee. 

Ohio 

Who Needs Records Checks 

Citation: Rev. Code § 2151.86; Admin. Code § 5101:2-42-18 

Background checks are required for the following persons:

• A person who is under final consideration for appointment or employment as a person responsible for a child’s care in 

out-of-home care

• A prospective adoptive parent

• A prospective foster caregiver

• A person age 18 or older who resides with a prospective foster caregiver or a prospective adoptive parent

The term ‘person responsible for a child’s care in out-of-home care’ includes the following: 

• Any foster caregiver, in-home aide, or provider

• Any administrator, employee, or agent of any of the following:

» A child daycare center

» A family daycare home

» A group home or residential care facility

» A residential camp, day camp, school district, community school, chartered nonpublic school, or educational service center

» Any person who supervises or coaches children as part of an extracurricular activity sponsored by a school district, public 

school, or chartered nonpublic school

» Any other person who performs a similar function with respect to, or has a similar relationship to, children

In regulation: Background checks also are required for the following substitute caregivers: 

• A relative by blood or marriage who, in accordance with §§ 5103.02 and 5103.03 of the Revised Code, is exempt from 

certification and who is being considered as a substitute caregiver

• A nonrelative who has a relationship with the child and/or family and who, in accordance with § 5153.161 of the Revised Code, 

is approved by the court

Types of Records That Must Be Checked 

Citation: Rev. Code § 2151.86; Admin. Code §§ 5101:2-42-18; 5101:2-48-09

The background investigation shall include a check of State criminal records conducted by the Bureau of Criminal Identification and 

Investigation (BCII).

If a person subject to a criminal records check does not present proof that he or she has been a resident of this State for the 

5-year period immediately prior to the date upon which the criminal records check is requested, the employer or placing agency shall 

request that the BCII obtain information from the Federal Bureau of Investigation as a part of the criminal records check, including 

fingerprint-based checks of national crime information databases.

In regulation: For prospective adoptive parents and relative or nonrelative substitute caregivers, a search of the statewide automated 

child welfare information system is required.

The placing agency shall request a check of the child abuse and neglect registry of any other State in which an adoptive applicant 

or other adult household member in the applicant’s home has resided in the 5 years immediately prior to the date of the criminal 

records check.

Process for Obtaining Records Checks 

Citation: Rev. Code §§ 2151.86; 109.572

An employer or placing agency required to request a criminal records check shall provide to each person subject to a criminal 

records check a copy of the form required by § 109.572 (C)(1) and a standard impression sheet to obtain fingerprint impressions, 

obtain the completed form and impression sheet from the person, and forward the completed form and impression sheet to the 

superintendent of BCII at the time the criminal records check is requested.
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Any person subject to a criminal records check who receives a copy of the prescribed form and the impression sheet shall complete 

the form as requested and provide the impression sheet with the impressions of the person’s fingerprints. If a person subject to a 

criminal records check fails to provide the information necessary to complete the form or fails to provide impressions of the person’s 

fingerprints, the employer shall not employ the person as a person responsible for a child’s care in out-of-home care, a probate 

court may not issue a decree of adoption, and the Department of Job and Family Services shall not issue a certificate authorizing the 

prospective foster caregiver to operate a foster home.

On receipt of a request, a completed form, and a set of fingerprint impressions obtained in the appropriate manner, the 

superintendent of the BCII shall conduct a criminal records check. 

Grounds for Disqualification

Citation: Rev. Code §§ 2151.86; 109.572

No employer shall employ a person as a person responsible for a child’s care in out-of-home care, the Department of Job and Family 

Services shall not issue a certificate authorizing a prospective foster caregiver to operate a foster home, and no probate court shall 

issue a decree of adoption, or, in the case of a prospective foster or adoptive caregiver, if any person age 18 or older who resides 

with the prospective foster or adoptive caregiver previously has been convicted of or pleaded guilty to any of the following: 

• Cruelty to animals

• Murder, manslaughter, or assault

• Permitting child abuse

• Failing to provide for a functionally impaired person

• Aggravated menacing, menacing, or stalking

• Patient abuse or neglect

• Kidnapping or abduction

• Criminal child enticement

• Rape, sexual battery, unlawful sexual conduct with a minor, sexual imposition, voyeurism, or public indecency

• Felonious sexual penetration

• Compelling or promoting prostitution, procurement, or prostitution

• Disseminating matter harmful to juveniles

• Pandering sexually oriented matter involving a minor

• Illegal use of a minor in nudity-oriented material or performance

• Arson

• Soliciting or providing support for act of terrorism

• Terrorism or terroristic threat

• Robbery or aggravated robbery

• Aggravated burglary or burglary

• Identity fraud

• Inciting to violence or aggravated riot

• Disturbing a lawful meeting

• Endangering children

• Contributing to the unruliness or delinquency of a child

• Domestic violence

• Carrying concealed weapons

• Having weapons while under disability

• Improperly discharging firearm at or into habitation or school

• Corrupting another with drugs or trafficking in drugs

• Illegal manufacture of drugs or cultivation of marijuana

• Funding of drug or marijuana trafficking

• Illegal administration or distribution of anabolic steroids

• Possessing drug abuse instruments

• Two or more violations of operating a vehicle while under the influence of alcohol or drugs committed within the 3 years 

immediately preceding the submission of an application or petition

• A violation of an existing or former law of this State, any other State, or a Federal law that is substantially equivalent to any of 

the offenses listed above
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Oklahoma 

Who Needs Records Checks 

Citation: Ann. Stat. Tit. 10, §§ 404.1; 7505-5.3; Tit. 10A, § 1-9-106

Background checks are required for the following persons:

• All personnel associated with a child care facility, including:

» Owners and responsible entities prior to the issuance of a permit or license

» Prospective employees

» Contract employees and volunteers prior to allowing unsupervised access to children

» Adults living in the facility or planning to live in the facility

» Children residing in the facility when they reach age 18

• A prospective foster parent

• A prospective adoptive parent or any household member age 18 or older

• A person related to a child by blood, marriage, adoption, and by tie or bond to a child, and/or to whom has been ascribed a 

family relationship role, who is being considered for approval as a kinship foster care parent

Types of Records That Must Be Checked 

Citation: Ann. Stat. Tit. 10, §§ 404.1; 7505-5.3; Admin. Code § 340:75-7-15

For child care personnel, the type of checks required may include:

• An Oklahoma State Courts Network search conducted by the Department of Human Services

• A Child Care Restricted Registry search conducted by the facility

• A national criminal history records search

• A criminal history records search conducted by an authorized source, when the individual has lived outside the United States 

within the last 3 years

• A search of the sex offenders registry

Prospective adoptive parents are required to have a criminal background check and a child abuse and neglect information system 

check. The background check shall consist of: 

• A national fingerprint-based criminal background check

• A search of the sex offenders registry

• A search of the child abuse and neglect information system

• A Department of Public Safety Motor Vehicle Report shall be when the child to be adopted is in the legal custody of the 

Department of Human Services

• When the adoptive parent or other household member age 18 or older has not maintained continuous residency in the State for 

the prior 5 years, a child abuse registry check from every other State in which the person resided during that 5-year period

In regulation: Other required background checks include:

• A State name-based criminal records history search

• A Federal Bureau of Investigation fingerprint-based national criminal history search

• A search of the violent offender registry

• A search of the State Courts Network or District Court Records to determine whether the applicant or adult household member 

is or was a party in any court action

• A search of all department records for child maltreatment history

• A background check request from Family Advocacy for the active or retired military applicants 

Process for Obtaining Records Checks 

Citation: Ann. Stat. Tit. 10, §§ 404.1; 7505-5.3; Admin. Code § 340:75-7-15

The department shall require a national criminal history records search based upon submission of fingerprints that shall be conducted 

by the Oklahoma State Bureau of Investigation and the Federal Bureau of Investigation.

The department or the Office of Juvenile Affairs shall provide for a juvenile justice information system review for any child over 

age 13 residing in a foster family home, or who subsequently moves into the foster family home, other than the foster child.

Each prospective adoptive parent or other household member age 18 or older shall be required to cooperate with the requirements of 

the department and the Oklahoma State Bureau of Investigation with regard to the criminal background check and child abuse check, 

including, but not limited to, signing a release of information form allowing the release of the results of any search to the agency or 

person conducting the home study or home study update.
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In regulation: The applicant and adult household members must provide a signed consent form for the State and national criminal 

records history search.

Prior to approval, applicants or adult household members who have lived in Oklahoma for less than 5 years must provide the 

equivalent background records check from previous State(s) of residence. Equivalent records check includes, but is not limited to, a 

State’s criminal history search, including the sex offender registry. The department will obtain the child abuse and neglect registry 

check from the previous State(s) of residence, when a registry is available, prior to approval. 

Grounds for Disqualification

Citation: Admin. Code §§ 340:75-7-15; 340:75-15-88 

An applicant will be disqualified when the applicant, or any person residing in the home of the applicant, has a criminal conviction 

record for any of the following felony offenses:

• Child abuse or neglect

• Domestic abuse

• A crime against a child including, but not limited to, child pornography

• A crime involving violence, including, but not limited to, rape, sexual assault, or homicide; and any offense that:

» Has as an element of the use, attempted use, or threatened use of physical force against the person or property of another

» By its nature, involves a substantial risk that physical force against the person or property of another may be used in the 

course of committing the offense

• Physical assault, battery, or a drug-related offense when the conviction occurs within the 5-year period preceding the 

application date

The department will deny the application when:

• The applicant, or any person residing in the applicant’s home, has a conviction for any sex-related crime specified in Section 

582 of Title 57 of the Oklahoma Statutes whether the conviction occurred upon a verdict, plea of guilty, or plea of nolo 

contendere.

• The applicant is subject to, living with, or married to a person who is subject to the Oklahoma Sex Offender Registration Act.

An applicant who has, or is living with a person who has, a history of arrests, charges, or convictions for any felony, other than those 

listed above, or a relevant misdemeanor may be approved on a case-by-case basis. A relevant misdemeanor includes:

• Assault and battery

• Alcohol- or drug-related offenses

• Domestic violence

• Other offenses involving the use of physical force or violence against the person or property of another

The department will determine the approval of any applicant with a history of child abuse and neglect investigations on a 

case-by-case basis. 

Oregon 

Who Needs Records Checks 

Citation: Rev. Stat. § 418.016; Admin. Rules § 414-061-0030

To protect the health and safety of children who are in the custody of the Department of Human Services, the department shall 

require that criminal records checks be conducted on:

• All persons who seek to be foster parents, adoptive parents, or relative caregivers

• Other individuals age 18 or older who will be in the household of the foster parent, adoptive parent, or relative caregiver

In regulation: Criminal records checks, including fingerprint-based criminal records checks, and child protective services records 

checks also are required for a person who is or applies to be:

• The owner, operator, or an employee or volunteer of a certified, registered, or otherwise regulated facility caring for children

• The operator or an employee of an Oregon prekindergarten program or a Federal Head Start Program 

• A child care provider who is required to be enrolled in the Central Background Registry by any State agency

• An individual in any of the above facilities or programs who may have unsupervised contact with children
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Types of Records That Must Be Checked 

Citation: Admin. Rules §§ 413-120-0420; 414-061-0070

A criminal records check includes any or all of the following:

• An Oregon criminal records check for which criminal offender information is obtained from the Oregon State Police (OSP) 

using the Law Enforcement Data System or other sources 

• A national criminal records check for which records are obtained from the Federal Bureau of Investigation through the use of 

fingerprint cards sent to OSP and other identifying information

• A State-specific criminal records check for which records are obtained from law enforcement agencies, courts, or other 

criminal records information sources located in, or regarding, a State or jurisdiction outside Oregon

• Other criminal records information, such as information obtained and used in the criminal records check process that is not 

criminal offender information from OSP, including, but not limited to:

» Police investigations and records 

» Information from local or regional criminal records information systems

» Justice records, court records, or information from the Oregon Judicial Information Network

» Sexual offender registration records 

» Warrants 

» Oregon Department of Corrections records

» Oregon Department of Transportation’s Driver and Motor Vehicle Services Division information

» Information provided on the background check requests

» Disclosures by a subject individual

» Any other information from any jurisdiction obtained by or provided to the department for the purpose of conducting a 

fitness determination

In addition to the above, child care personnel are required to have a child protective services information check. 

Process for Obtaining Records Checks 

Citation: Rev. Stat. § 181.534; Admin. Rules § 413-200-0381

An authorized agency may request that the Department of State Police conduct a criminal records check on a subject individual for 

noncriminal justice purposes. If a nationwide criminal records check of a subject individual is necessary, the authorized agency may 

request that the Department of State Police conduct the check, including fingerprint identification, through the Federal Bureau of 

Investigation.

An authorized agency may conduct criminal records checks on subject individuals through the Law Enforcement Data System 

maintained by the Department of State Police in accordance with rules adopted, and procedures established, by the Department of 

State Police.

In regulation: All applicants for approval must:

• Consent to a criminal history check for all members of the household age 18 or older

• Provide information about: 

» All previous or current criminal charges, arrests, and/or convictions for adults living in the home

» All previous and/or current criminal and/or juvenile delinquency charges for minor children living in the home

» Any known previous and/or current allegations of abuse or neglect for all members of the household

The department also may require a criminal history check for household members younger than age 18 if it appears necessary to 

ensure safety of all children in the home. 

Grounds for Disqualification

Citation: Admin. Rules § 413-120-0450

An applicant may not be approved, regardless of how long ago the subject individual was convicted or any other factors or 

circumstances that exist, who has been convicted in Oregon or any other jurisdiction of a felony crime that involves:

• Violence, including rape, sexual assault, and homicide, but not including other physical assault or battery

• Intentional starvation or torture

• Abuse or neglect of a child

• Spousal abuse

• Aiding, abetting, attempting, soliciting, or conspiring to cause the death of a child

• Sodomy or sexual abuse
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• A crime against a child, including child pornography

• Any of the following crimes:

» Murder, manslaughter, criminally negligent homicide, or aggravated vehicular homicide

» Felony assault if the victim is a child or the person’s spouse

» Criminal mistreatment if the victim is a child or the person’s spouse, or if the crime involves violence

» Female genital mutilation

» Unlawful use of an electrical stun gun, tear gas, or mace in the first degree

» Kidnapping or custodial interference

» Rape or incest

» Online sexual corruption of a child

» Custodial sexual misconduct 

» Unlawful contact with a child

» Abandonment of a child

» Buying or selling a person younger than age 18

» Child neglect in the first degree

» Criminal nonsupport

» Using a child in a display of sexually explicit conduct

» Encouraging child sexual abuse

» Possession of materials depicting sexually explicit conduct of a child 

» Burglary or robbery if the crime involves violence

» Unlawful use of a weapon if the crime involves violence

» Compelling prostitution, if the victim is a child or the person’s spouse

» Luring a minor

An applicant will be disqualified if he or she has been convicted within the past 5 years of a felony crime that involves:

• Physical assault or battery

• A drug-related offense

Pennsylvania 

Who Needs Records Checks 

Citation: Cons. Stat. Ch. 23, § 6344 

Background checks are required for the following individuals:

• An employee of child care services

• A foster parent

• A prospective adoptive parent

• A self-employed provider of child care services in a family child care home

• An individual age 14 or older who is applying for or holding a paid position as an employee with a program, activity, or service, 

as a person responsible for the child’s welfare or having direct, unsupervised contact with children

• Any individual seeking to provide child-care services under contract with a child-care facility or program

• An individual age 18 or older who resides in the home of a foster parent or prospective adoptive parent for at least 30 days in 

a calendar year

• An individual age 18 or older who resides for at least 30 days in a calendar year in the following homes that are subject to 

supervision or licensure by the Department of Human Services:

» A family living home

» A community home for individuals with an intellectual disability

» A host home for children

This paragraph does not include an individual with an intellectual disability or chronic psychiatric disability receiving services in a 

home. 
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Types of Records That Must Be Checked 

Citation: Cons. Stat. Ch. 23, § 6344 

Background checks shall include the following:

• A report of criminal history record information from the Pennsylvania State Police or a statement from the Pennsylvania State 

Police that the State Police central repository contains no such information relating to that person

• A certification from the department as to whether the applicant is named in the statewide database as the alleged perpetrator 

in a pending child abuse investigation or as the perpetrator of a founded report or an indicated report

• A report of Federal criminal history record information

If a foster or adoptive parent applicant, or any individual over 18 years of age residing in the home, has resided outside the State 

at any time within the previous 5-year period, the agency or person designated by the court shall require that person to submit a 

certification obtained within the previous 1-year period from the statewide central registry, or its equivalent, in each State in which 

the person has resided within the previous 5-year period. 

Process for Obtaining Records Checks 

Citation: Cons. Stat. Ch. 23, § 6344 

Prior to the commencement of employment or service, an individual listed above shall be required to submit the required 

information to an employer, administrator, supervisor, or person responsible for making decisions about the placement of children.

The applicant shall submit a full set of fingerprints to the Pennsylvania State Police for the purpose of a record check, and the 

Pennsylvania State Police or its authorized agent shall submit the fingerprints to the Federal Bureau of Investigation for the purpose 

of verifying the identity of the applicant and obtaining a current record of any criminal arrests and convictions. 

Grounds for Disqualification

Citation: Cons. Stat. Ch. 23, § 6344 

A prospective foster parent or prospective adoptive parent may not be approved if the prospective parent or an individual age 18 or 

older who resides in the home for at least 30 days in a calendar year:

• Is named in the statewide database as the perpetrator of a founded report committed within the 5-year period immediately 

preceding verification

• Has been found guilty of an offense listed below

The application will not be approved if the applicant has been convicted of one or more of the following offenses or an equivalent 

crime under Federal law or the law of another State:

• Criminal homicide

• Aggravated assault 

• Stalking

• Kidnapping 

• Unlawful restraint

• Rape, statutory sexual assault, or involuntary deviate sexual intercourse 

• Sexual assault, indecent assault, or indecent exposure

• Incest

• Concealing the death of a child 

• Endangering the welfare of children

• Dealing in infant children

• Felony prostitution and related offenses

• Obscene and other sexual materials and performances

• Corruption of minors

• Sexual abuse of children

• The attempt, solicitation, or conspiracy to commit any of the offenses listed above

In no case shall an applicant be approved if the applicant’s criminal history record information indicates the applicant has been 

convicted of a felony drug-related offense committed within the 5-year period immediately preceding the application. 
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Puerto Rico 

Who Needs Records Checks 

Citation: Ann. Laws Tit. 8, §§ 68; 69; 482; Tit. 32, § 2699b

Background checks are required for the following:

• Child care services providers, including:

» Owners, administrators, operators, managers, custodians, and the candidates, employees, or volunteers who are 

interested in rendering, or who render services in the child care facilities or camps for adolescents

» Owners, operators, or employees of daycare centers or daycare homes

• Persons residing and providing care in a foster home or group home

• A prospective adoptive parent

Types of Records That Must Be Checked 

Citation: Ann. Laws Tit. 8, § 482; Tit. 32, § 2699b

The background requires certification that the following records have been checked:

• The Registry of Persons Convicted of Sex Crimes and Child Abuse

• The Criminal Record Register of the Puerto Rico Police or the Criminal Justice Information System 

Process for Obtaining Records Checks 

Citation: Ann. Laws Tit. 8, § 482; Tit. 32, § 2699b

The certification required shall be issued by the Puerto Rico Police. The Police Superintendent shall adopt and promulgate the 

regulations needed to enforce the provisions of this chapter related to the application and issue of the certification. The regulations 

may require that the applicant fill out a form with detailed personal information and submit the information as well as a photograph 

and a sample of his or her fingerprints to the Puerto Rico Police. The superintendent may retain the forms, photographs, and 

fingerprint samples and use them for investigative purposes.

A criminal record certificate of the prospective adoptive parent must accompany the adoption petition. 

Grounds for Disqualification

Citation: Ann. Laws Tit. 8, § 482; Tit. 32, § 2699b

No person may provide care for children unless he or she has previously applied for and received a certification indicating that he 

or she is not registered in the registry of persons convicted of sex crimes and child abuse or has been convicted of any violent sex 

crime, child abuse, or any of the following felonies:

• Murder, homicide, or incitement to suicide

• Aggravated assault

• Rape, seduction, sodomy, incest, or bestiality

• Indecent exposure, obscene propositions, procurement, roguery, or carnal commerce

• Production, possession, and distribution of child pornography

• Use of a minor for purposes of child pornography

• Restriction of liberty, kidnapping, or child abduction

• Abandonment of a minor

• Illegal deprivation of custody

• Adoption in exchange for payment 

• Perversion of a minor

• Public mendicancy by a minor

• Theft, extortion, or imposture 

• Abuse against minors or disabled persons

• Arson or devastation

• A violation of the Controlled Substances Act
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Rhode Island 

Who Needs Records Checks 

Citation: Gen. Laws §§ 14-1-34; 15-7-11; Code of Rules §§03-240-802; 03-240-806

Background checks are required for the following persons:

• Prospective foster parents 

• Prospective adoptive parents

In regulation: Background checks are required for:

• All placements with relatives

• Any person seeking to operate a residential care facility, daycare center, or family daycare home

• Prospective employees of home daycare providers

• All persons who are offered employment in positions that involve supervisory or disciplinary power over children or involve 

routine contact with children without the presence of other employees

Types of Records That Must Be Checked 

Citation: Gen. Stat. §§ 14-1-34; 40-13.2-2; Code of Rules §03-240-806 

Background investigations require checks of the following:

• A State and nationwide criminal records

• The child abuse and neglect tracking system (CANTS) of substantiated complaints

In regulation: For the nationwide criminal records check, the person’s fingerprints are compared to those on file through the National 

Criminal Identification computer operated by the Federal Bureau of Investigation. 

Process for Obtaining Records Checks 

Citation: Gen. Stat. §§ 14-1-34; 15-7-11

For a prospective foster parent, the Department for Children, Youth and Families (DCYF) shall apply to the Bureau of Criminal 

Identification of the State Police or the local police department for a nationwide criminal records check. The check will conform 

to the applicable Federal standards, including the taking of fingerprints to identify the applicant. DCYF shall request the attorney 

general, through the Division of Criminal Identification, to make available any criminal record of present and prospective foster 

parents. The attorney general shall immediately comply with that request, and DCYF shall examine these records in determining the 

suitability of these persons to be foster parents. The criminal record check shall be conducted without charge to the foster parents.

As part of the investigation or investigative home study report for a prospective adoptive parent, a request shall be made to the 

attorney general through the Division of Criminal Identification to make available any criminal record maintained by the division. The 

prospective adoptive parent shall apply to the Bureau of Criminal Identification of the State Police or the local police department for 

a nationwide criminal records check.

At the conclusion of a background check, the State Police, attorney general, or the local police department shall promptly destroy 

the fingerprint record of the applicant. 

Grounds for Disqualification

Citation: Code of Rules § 03-240-806 

An applicant will be disqualified when information from the national criminal records check reveals a conviction or arrest pending 

disposition for any of the crimes identified below: 

• Murder, voluntary manslaughter, or involuntary manslaughter

• Kidnapping or kidnapping with intent to extort 

• Sexual assault, assault by a spouse, assault with intent to commit specified felonies, felony assault, or domestic assault

• Felony child abuse

• Incest

• Child snatching

• Exploitation for commercial or immoral purposes

• Public indecency

• Transportation for indecent purposes, harboring, prostitution, or pandering

• Deriving support or maintenance from prostitution

• Circulation of obscene publications and shows
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• Sale or exhibition to minors of indecent publications, pictures, or articles 

• Child nudity in publication

• Any drug-related offense

South Carolina 

Who Needs Records Checks 

Citation: Ann. Code §§ 63-7-2340; 63-7-2330; Code of Regs. § 114-503

Background checks are required for the following persons:

• A person applying for licensure as a foster parent

• A person applying for approval for an adoption placement 

• A person age 18 or older residing in the home of a prospective foster or adoptive parent 

• A person applying to provide foster care for a relative child

In regulation: The director, staff, and employees of a child care facility are required to undergo background checks. 

Types of Records That Must Be Checked 

Citation: Code of Regs. § 114-550

The background study must include a check of:

• Child abuse and neglect history

• State and national criminal records history

• The sex offender registry

Process for Obtaining Records Checks 

Citation: Ann. Code § 63-7-2340; Code of Regs. § 114-550

An applicant must undergo a State fingerprint review to be conducted by the State Law Enforcement Division (SLED) to determine 

any State criminal history and a fingerprinting review to be conducted by the Federal Bureau of Investigation (FBI) to determine any 

other criminal history.

In regulation: Each applicant shall be assessed by designated staff of the Department of Social Services or by designated staff of a 

licensed child-placing agency. As part of the assessment, background checks shall be documented, including a review of abuse and 

neglect history, criminal history found with SLED and the FBI, and the sex offender registry. 

Grounds for Disqualification

Citation: Ann. Code § 63-7-2350

No child in the custody of the Department of Social Services may be placed in foster care or for adoption with a person if the person 

or anyone age 18 or older residing in the home:

• Has a substantiated history of child abuse or neglect

• Has pled guilty or nolo contendere to or has been convicted of:

» An ‘offense against the person’ as provided for in Title 16, Chapter 3, including homicide, spousal sexual battery, criminal 

sexual conduct, and trafficking in persons 

» An ‘offense against morality or decency’ as provided for in Title 16, Chapter 15, including bigamy, incest, criminal 

solicitation of a minor, and sexual exploitation of a minor

» Contributing to the delinquency of a minor

» Assault and battery of a high and aggravated nature when the victim was a person age 17 or younger 

» Criminal domestic violence or criminal domestic violence of a high and aggravated nature

» A felony drug-related offense

» Unlawful conduct toward a child

» Cruelty to children

» Child endangerment

» Criminal sexual conduct with a minor

» A criminal offense similar in nature to a crime listed above that was committed in another jurisdiction or under Federal law
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South Dakota 

Who Needs Records Checks 

Citation: Ann. Laws §§ 25-6-9.1; 2-6-14; 26-6-14.4

Background checks are required for the following individuals and entities:

• A prospective adoptive parent and members of the prospective parent’s household

• Foster home caregivers

• Staff at any intensive residential treatment center, residential treatment center, group care center, or group home

• Staff at any daycare facility

• Staff at a child-placing agency

• Staff at a before- and after-school daycare program

• Staff providing of supervision and training for youth age 16 through 20 who are wards of the State in an independent living 

preparation program

• Any adult, including a volunteer, who:

» Is responsible for administration or direct supervision of staff

» Resides in the facility

» Provides care and supervision to the children

Types of Records That Must Be Checked 

Citation: Ann. Laws §§ 26-6-14.3; 25-6-9.1; Admin. Code §§ 67:14:32:05.03; 67:42:01:05.02

For a foster care applicant and any other person specified in §§ 26-6-14 and 26-6-14.4, a criminal records check is required.

An adoption home study must include a fingerprint-based criminal record check completed by the Division of Criminal Investigation 

and a central registry screening completed by the Department of Social Services. In addition, no child who is in the custody of 

the department may be placed in a home for adoption until a fingerprint-based criminal record check has been completed by the 

Federal Bureau of Investigation for each adopting parent.

In regulation: An applicant shall be screened to determine if he or she has been involved in any substantiated incidents of child 

abuse or neglect. The individual may not have a substantiated report of child abuse or neglect. Substantiated reports of child abuse 

or neglect include reports placed into the department’s central registry, reports placed on the central registry of another State, and 

reports that were investigated and substantiated by a Tribal program. 

Process for Obtaining Records Checks 

Citation: Ann. Laws §§ 23-5-12; 26-6-14.3; 26-6-14.5; Admin. Code §§ 67:14:32:05.03; 67:42:01:05.02

Any person may examine criminal history information filed with the attorney general that refers to that person. The person 

requesting such information shall supply the attorney general with a written request together with fingerprint identification. The 

person may also authorize the attorney general to release his or her criminal history information to other individuals or organizations. 

The attorney general may require the person to sign a waiver releasing the State, its employees or agents from any liability before 

releasing criminal history information.

For each applicant, the department shall obtain the criminal record from an appropriate law enforcement agency to determine 

whether the applicant has ever been convicted of a crime specified by the rules of the department.

The applicant must sign the waiver, be fingerprinted, and sign a declaration under penalty of perjury regarding any prior criminal 

conviction and military history. The applicant shall submit the fingerprints to the South Dakota Division of Criminal Investigation and 

the Federal Bureau of Investigation Identification Division.

In regulation: The department shall screen an applicant, family members, and other household members who are age 10 and older to 

determine if the individual has been involved in any substantiated incidents of child abuse or neglect. 

Grounds for Disqualification

Citation: Ann. Laws §§ 26-6-14.3; 26-6-14.11; Admin. Code §§ 67:14:32:05.03, .05; 67:42:01:05.01, .02

If it is found that the applicant or any other person specified in § 26-6-14.4 has been convicted of a crime specified by the rules of the 

department, the application shall be denied.
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A person will be disqualified if he or she:

• Has been convicted of; 

» Child abuse pursuant to chapter 26-10

» A sex offense pursuant to chapter 22-22

» Within the preceding 5 years, any other felony

• Is listed on the sex offender registry

• Is listed on the central registry for child abuse and neglect

In regulation: An individual is not eligible to receive a foster home license or approval as an adoptive parent if the individual or any 

other adult living in the home has a conviction for any of the following:

• A crime that would indicate harmful behavior towards children

• A crime of violence as defined by § 22-1-2, or a similar statute from another State, including:

» Murder or manslaughter

» Rape

» Aggravated assault

» Riot

» Robbery or burglary in the first degree

» Arson

» Kidnapping

» Felony sexual contact

» Felony child abuse

• A sex crime pursuant to chapter 22-22 (including rape and sexual exploitation of a minor), chapter 22-24A (child pornography), 

or § 22-22A-3 (aggravated incest), or similar statutes from another State

• Within the preceding 5 years, a conviction for any other felony

A prospective foster or adoptive parent may not have a substantiated report of child abuse or neglect. 

Tennessee 

Who Needs Records Checks 

Citation: Ann. Code §§ 71-3-507; 37-2-414; 71-3-501; 49-1-1102

Background checks are required for the following persons:

• A person applying to work or substitute in any capacity as a paid employee, licensee, or operator, substitute or volunteering, 

with children with the entities listed below or who otherwise has access to children in those entities

• An applicant for a foster parent position or an applicant to be an adoptive parent

• A person age 15 or older who resides in a child care agency

• A person seeking to become a kinship foster parent for a related child

The term ‘child care agency’ includes a family child care home, a group child care home, a child care center, or a drop-in center. The 

term ‘child care program’ includes:

• Child care for children in a before- or after school-based program operated by a local board of education

• A public school-administered early childhood education program

• A church-affiliated program

• A federally funded early childhood education program such as a Title I program, a school-administered Head Start program,

or an Even Start program

• A State-approved Montessori school program

• A program operated by a private school

Types of Records That Must Be Checked 

Citation: Ann. Code §§ 71-3-507; 37-2-414

For a prospective foster or adoptive parent and persons who will be employed by or otherwise present at a child care agency or child 

care program, the background check shall include:

• A fingerprint-based review of criminal and juvenile records available to the Tennessee Bureau of Investigation (TBI) to be 

conducted by the TBI

• A review of the person’s status on the Department of Health’s vulnerable persons registry
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• A review of the person’s status on the State sex offender registry

• A review of the Department of Children’s Services and the Department of Human Services records of indicated perpetrators 

of abuse or neglect of children or adults

• A review of any available juvenile records in juvenile court

A person may become a kinship foster parent only upon the completion of an investigation to ascertain if there is a State or Federal 

record of criminal history for the prospective kinship foster parent or any other adult residing in the prospective parent’s home. 

Process for Obtaining Records Checks 

Citation: Ann. Code §§ 37-5-511; 71-3-507

Each person requiring a background check shall complete a criminal history disclosure form and shall agree to release all records 

involving the person relating to his or her criminal history. The person also shall supply fingerprint samples to the TBI and to the 

Federal Bureau of Investigation and shall submit to a review his or her status on the vulnerable persons registry.

The disclosure forms shall disclose any information relative to any violations of the law, including pending criminal charges of any 

kind, and provide space for the applicant to state any circumstances that should be considered in determining whether to allow the 

person to be approved.

The disclosure form shall be sent to the department by the child care agency and, pursuant to § 38-6-109, the department may 

directly access the computer files of the TBI’s Tennessee Crime Information Center (T.C.I.C.) using only names or other identifying 

data elements contained in the disclosure form or such other information as may be available to the department to obtain available 

Tennessee criminal history background information for the purpose of criminal background reviews.

If information obtained by this method indicates that there exists or may exist a criminal record on the individual, the department 

shall further review the criminal record history with the individual and the entity with whom the individual is associated to obtain 

further verification, and the department shall request fingerprint samples from the individual and submit the fingerprints for a 

complete Tennessee and Federal criminal history background review pursuant to § 38-6-109. 

Grounds for Disqualification

Citation: Ann. Code § 71-3-507

No person shall be approved as a foster or adoptive parent, and no person shall be employed with, be a licensee, or operator of, 

provide substitute services to, or have any access whatsoever to children in a child care agency or program, if that person’s criminal 

or available juvenile background records, registry, or perpetrator records demonstrate that the person has been convicted of, pled 

guilty or no contest to an offense or lesser included offense, is the subject of a juvenile petition or finding that would constitute an 

offense or lesser included offense, or whose criminal or juvenile background history report or other information demonstrates the 

existence of a pending warrant, indictment, presentment or petition, involving:

• The physical, sexual, or emotional abuse or neglect of a child 

• A crime of violence against a child or any person

• Any offense determined by the department, pursuant to properly promulgated rules, to present a threat to the health, safety, 

or welfare of children

• The identification of the person on the vulnerable persons registry, the State sex offender registry, or department records of 

indicated perpetrators of abuse or neglect of children or adults, or available juvenile court records, demonstrate a history that 

would require the person’s exclusion under this part

Texas 

Who Needs Records Checks 

Citation: Gov’t. Code § 411.114

The Department of Family and Protective Services (DFPS) shall obtain criminal history record information from the Department of 

Public Safety (DPS) that relates to a person who is:

• An owner, operator, or employee, or applicant for employment of a child care facility, child-placing agency, or family home

• A person age 14 or older who will be regularly or frequently working or staying in a child care facility or family home while 

children are being provided care

• An applicant selected for a position with the DFPS that includes direct delivery of protective services to children, elderly 

persons, or persons with a disability

• A prospective foster or adoptive parent and other persons living in the residence in which the child will reside
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Types of Records That Must Be Checked 

Citation: Admin. Code Tit. 40, §§ 745.611; 745.615

A background check may include the following:

• A name-based criminal history check of the database of crimes committed in the State of Texas

• A fingerprint-based criminal history check by the DPS and the Federal Bureau of Investigation of databases of crimes 

committed in Texas and anywhere in the United States

• A DFPS central registry check

• An out-of-State central registry check

A name-based criminal history check and a DFPS central registry check for are required for any person listed above. In addition 

fingerprint-based criminal history checks are required for the following:

• An applicant, employee, or other person who will be on the premises of a child-placing agency, general residential operation, 

independent foster home, child care center, before- or after-school program, or school-age program

• A person who has lived in another State any time during the 5-year period prior to the date of application

In addition, child-placing agencies and independent foster homes that will accept the placement of children in the conservatorship 

of DFPS must request an out-of-State central registry check for a foster or adoptive parent applicant and any other adult living in the 

home of the applicant who has lived outside of the State any time during the previous 5 years preceding the prospective foster or 

adoptive parent’s application to become a foster or adoptive parent. 

Process for Obtaining Records Checks 

Citation: Admin. Code Tit. 40, § 745.61, et seq.

To obtain a background check, a request must be submitted with the following information about the person:

• Full name, date of birth, sex, and Social Security number

• Current and previous addresses 

• Driver’s license or a State-issued identification card number

• Any addresses, including counties, in which the person has lived outside of the State of Texas any time during the 5 years 

preceding the date of the background check request

A child daycare operator other than a child care center, before- or after-school program, or school-age program, must complete 

a request either online through the DFPS website or send in a request via a signed form provided by the local Licensing office or 

the DFPS Centralized Background Check Unit. For a residential child care operation or a child care center, before- or after-school 

program, or school-age program, the request must be submitted online through the DFPS website.

After the request is filed, the applicant must submit his or her fingerprints electronically through the assigned applicant 

fingerprinting service center of DPS. 

Grounds for Disqualification

Citation: Admin. Code Tit. 40, §§ 745.651; 745.657; 745.657

An applicant may be disqualified for a felony or misdemeanor conviction under Texas law, the laws of another State, or Federal law. 

An applicant will be permanently disqualified if he or she has been convicted of any of the following crimes:

• Criminal solicitation of a minor

• Murder, manslaughter, or criminally negligent homicide

• Aggravated kidnapping

• Trafficking of persons

• Continuous sexual abuse of a young child or children

• Indecency with a child

• Sexual assault

• Abandoning or endangering a child

• Sale or purchase of a child

• Continuous violence against the family

• Online solicitation of a minor

• Compelling prostitution

• Sexual performance by a child

• Possession or promotion of child pornography
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An applicant will be barred for 20 years, then forever subject to a risk evaluation, for a conviction for any of the following offenses:

• Aggravated assault

• Terroristic threat

• Prohibited sexual conduct

• Interference with child custody

• Enticing a child

• Criminal nonsupport

• Advertising for placement of a child

• Robbery 

• Stalking

• Prostitution

• Sale, distribution, or display of harmful material to a minor

• Employment harmful to children

An applicant will be barred for 5 years, then be subject to a risk evaluation for an additional 5 years, if he or she has been convicted 

of: 

• Burglary, theft, forgery, or other financial crimes

• Driving while intoxicated

• Drug-related offenses

A person who is required to register as a sex offender in Texas also will be disqualified.

Except for a person described below, when a central registry check reveals a sustained finding of physical abuse, sexual abuse, labor 

trafficking, or sex trafficking, the person will be permanently disqualified. For a sustained finding of emotional abuse or neglect, the 

person is eligible for a risk evaluation that may lead to an approval.

A prospective foster or adoptive parent, or a member of the prospective parent’s household, is eligible for a risk evaluation for a 

sustained finding of physical abuse if:

• It has been more than 5 years since the date of the physical abuse finding.

• The prospective foster or adoptive parent is related to or has a significant longstanding relationship with the foster or 

adoptive child.

Utah 

Who Needs Records Checks 

Citation: Ann. Code § 78B-6-131; Admin. Code R501-12-4; R512-41-4; R430-6-2

Background checks are required for the following persons:

• A prospective foster parent or a prospective adoptive parent

• A relative seeking to serve as a foster or adoptive placement for the child

In regulation: Background checks also are required for the following persons:

• All persons age 18 or older residing in the home of a prospective foster parent

• All adults present in the home of a prospective adoptive parent

• An applicant for a child care license and individuals associated with the child care facility, including:

» Owners, directors, and members of the governing body

» Employees and providers of care, including children residing in a home where child care is provided

» Volunteers, excluding parents of children enrolled in the program

» All individuals age 12 and older residing in a residence in which child care is provided

» Anyone who has unsupervised contact with a child in care

Types of Records That Must Be Checked 

Citation: Ann. Code §§ 78B-6-131; 62A-2-120

A background check shall include:

• A fingerprint-based national criminal history records check is conducted by the Federal Bureau of Investigation

• A check of the child abuse and neglect registry in each State in which the person resided in the 5 years immediately preceding 

the date of application
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The types of checks also shall include:

• A search of State, regional, and national criminal background databases for the applicant’s criminal history

• A search of the Department of Human Services, Division of Child and Family Services’ licensing information system

• A search of the Department of Human Services, Division of Aging and Adult Services’ vulnerable adult abuse, neglect, or

exploitation database

• A search of the juvenile court records for substantiated findings of severe child abuse or neglect

• A search of the juvenile court arrest, adjudication, and disposition records

In addition to the requirements described above, if an applicant spent time outside of the United States and its territories during 

the 5 years immediately preceding the date the background check request is submitted, the applicant may be required to submit 

documentation establishing whether the applicant was convicted of a crime during the time that he or she spent outside of the 

United States or its territories. 

Process for Obtaining Records Checks 

Citation: Ann. Code § 62A-2-120 

For the background check, an applicant shall submit the following to the Office of Licensing within the Department of Human 

Services:

• Personal identifying information, including the person’s:

» Current name, former names, nicknames, and aliases

» Date of birth

» Physical address, email address, and telephone number

» Driver license number or other government-issued identification number

» Social Security number

• A set of fingerprints

• A form for consent for the background check

The office shall perform the following duties as part of a background investigation:

• Check State and regional criminal background databases for the applicant’s criminal history by:

» Submitting personal identifying information to the Bureau of Criminal Identification within the Department of Public Safety 

for a search

» Using the applicant’s personal identifying information to search State and regional criminal background databases

• Submit the applicant’s personal identifying information and fingerprints to the bureau for a criminal history search of 

applicable national criminal background databases

• Search the Division of Child and Family Services’ licensing information system

• Search the Division of Aging and Adult Services’ vulnerable adult abuse, neglect, or exploitation database

• Search the juvenile court records for substantiated findings of severe child abuse or neglect

Grounds for Disqualification

Citation: Ann. Code § 62A-2-120 

The office shall deny an application to an applicant who, within 10 years before the date of application, has been convicted of any of 

the following:

• Domestic violence, lewdness, voyeurism, battery, cruelty to animals, or bestiality

• Any pornography law, including sexual exploitation of a minor

• Prostitution

• An offense included in:

» Title 76, Chapter 5, Offenses Against the Person

» Section 76-5b-201, Sexual Exploitation of a Minor

» Title 76, Chapter 7, Offenses Against the Family

• Aggravated arson

• Aggravated burglary or aggravated robbery

• Identity fraud crime

• A conviction for an offense committed outside of the State that, if committed in the State, would constitute an offense 

described above
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The office shall deny a license to a prospective foster parent or a prospective adoptive parent if the applicant has been convicted of 

any of the following: 

• Child abuse

• Domestic violence or domestic violence in the presence of a child

• Abuse or neglect of a child with a disability

• Endangerment of a child or vulnerable adult

• Aggravated murder, murder, manslaughter, child abuse homicide, or homicide by assault

• Kidnapping, child kidnapping, or aggravated kidnapping

• An offense described in Title 76, Chapter 5, Part 4, Sexual Offenses

• Sexual exploitation of a minor

• Aggravated arson

• Aggravated burglary or aggravated robbery

• An offense committed outside the State that, if committed in the State, would constitute an offense described above

The office shall deny a license to a prospective foster parent or a prospective adoptive parent if, within the 5 years immediately 

preceding the date on which the individual’s application or license would otherwise be approved, the applicant was convicted of a 

felony involving conduct that constitutes a violation of any of the following: 

• Aggravated assault

• Aggravated assault by a prisoner

• Mayhem

• A drug-related offense

In addition, the office shall conduct a comprehensive review of an applicant’s background check if the registry check indicates that 

the individual is listed in a child abuse and neglect registry of this State or another State as having a substantiated or supported 

finding of a severe type of child abuse or neglect. 

Vermont 

Who Needs Records Checks 

Citation: Ann. Stat. Tit. Ann. Stat. Tit. 15A, § 1-113; Tit. 33, § 151; Code of Rules § 13-162-007

Background checks are required for the following persons:

• Prospective adoptive parents

• Employees and volunteers of a family child care home

In regulation: Background checks are required for all persons who have contact with children, including prospective foster parents 

and other members of the household. 

Types of Records That Must Be Checked 

Citation: Ann. Stat. Tit. 15A, § 1-113; Tit. 33, § 152

A criminal record checks shall include a request to the Vermont Crime Information Center to obtain:

• The record of Vermont convictions and pending criminal charges for any person being evaluated

• The record of convictions and pending criminal charges of the appropriate criminal repositories in all States in which there is 

reason to believe the applicant has resided or been employed

If no disqualifying record is identified at the State level, the Vermont Crime Information Center shall request from the Federal Bureau 

of Investigation (FBI) a national criminal history record check of the applicant’s convictions and pending criminal charges. The 

request to the FBI shall be accompanied by a set of the applicant’s fingerprints.

The investigation shall include a check for any record of substantiated reports of child abuse. 

Process for Obtaining Records Checks 

Citation: Ann. Stat. Tit. 15A, § 2-203; Tit. 33, § 151

A person being evaluated shall submit to fingerprinting and sign a release permitting the evaluator to obtain from an appropriate 

law enforcement agency any record indicating that the person has been convicted of a crime other than a minor traffic violation. 

In addition, a person being evaluated shall, at the request of the evaluator, sign any release necessary for the evaluator to obtain 

information required to complete the preplacement evaluation.
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The Commissioner for Children and Families may obtain from the Vermont Crime Information Center the record of convictions of any 

person to the extent required by law or the commissioner has determined by rule that such information is necessary to regulate a 

facility or individual subject to regulation by the Department of Children and Families or to carry out the department’s child protection 

obligations. The commissioner shall first notify the person whose record is being requested.

The owner or operator of a child care facility may ask the commissioner for the record of convictions and the record of substantiated 

reports of child abuse of a current employee or a person to whom the owner or operator has given a conditional offer of employment. 

The request shall be in writing and shall be accompanied by a release signed by the current or prospective employee. 

If the person has a record of convictions, the commissioner shall provide the owner or operator with a copy of the record. If the person 

has a record of substantiated reports of child abuse, the commissioner shall inform the requesting owner or operator that such record 

exists. 

Grounds for Disqualification

Citation: Ann. Stat. Tit. 15A, § 2-203; 2-204; Code of Rules §§ 13-162-003; 13-162-007

For a prospective adoptive parent, an evaluator shall assess the information collected for the preplacement evaluation to determine 

whether it raises a concern that placement of any minor, or a particular minor, in the home of the person would pose a risk of harm to 

the physical or psychological well-being of the minor. The information that will be assessed includes the results of the records checks 

that have been completed, including whether the person has been:

• Subject to an abuse prevention order

• Charged with or convicted of domestic assault, first degree aggravated domestic assault, second degree aggravated domestic 

assault

• The subject of a substantiated complaint filed with the department

• Subject to a court order restricting the person’s right to parental rights and responsibilities or parent-child contact with a child

If an evaluator determines that the information raises a concern that placement of a minor in the person’s home would pose a risk 

of harm to the physical or psychological well-being of the minor, the evaluator shall find that the person is or is not suited to be an 

adoptive parent.

In regulation: All persons who have contact with children shall have no history of child abuse or criminal activity that would disqualify 

them. The following persons may not operate, reside, be present at, or be employed at a licensed program:

• Persons convicted of fraud, felony, or an offense involving violence or unlawful sexual activity or other bodily injury to another 

person including, but not limited to abuse, neglect or sexual activity with a child

• Persons found by a court to have abused, neglected, or mistreated a child, an elderly or disabled person, or an animal

• Adults or children who have had a report of abuse or neglect substantiated against them

A license may be denied if the foster parent applicant or other member of the household:

• Has been charged with or convicted of a criminal offense

• Has current, unresolved problems with alcohol or other chemicals

• Has abused or neglected a child

Virgin Islands 

Who Needs Records Checks 

Citation: Ann. Code Tit. 34, § 388

Background checks for foster or adoptive parents are not addressed in statute or regulation.

The Department of Human Services will conduct an investigation of a person desiring to operate a child daycare facility. 

Types of Records That Must Be Checked 

Citation: Ann. Code Tit. 34, § 388

Background checks for foster or adoptive parents are not addressed in statute or regulation.

The investigation shall include the applicant’s employment history and a check of the nationwide criminal recordkeeping systems in 

the United States. 

Process for Obtaining Records Checks 

Citation: Ann. Code Tit. 34, § 388

Background checks for foster or adoptive parents are not addressed in statute or regulation.

The department shall supply the applicant with the appropriate application forms and a copy of the appropriate minimum standards. 
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Grounds for Disqualification

This issue not addressed in the statutes or regulations reviewed. 

Virginia 

Who Needs Records Checks 

Citation: Ann. Code §§ 63.2-1721; 63.2-900.1

Background checks are required for the following persons and entities:

• A child welfare agency, such as a family day home, including:

» All applicants for licensure or registration

» Agents at the time of application who are or will be involved in the day-to-day operations of the child welfare agency or 

who are or will be alone with, in control of, or supervising one or more of the children

» Any other adult living in the home of an applicant

• Applicants for licensure as an assisted living facility

• Foster or adoptive parents, including relatives requesting approval as kinship foster care providers

Types of Records That Must Be Checked 

Citation: Ann. Code § 63.2-1721

Background checks require:

• A criminal history record check through the Central Criminal Records Exchange

• 

ch

In the case of child welfare agencies or adoptive or foster parents, a search of the central registry for any founded compl

ild abuse and neglect

aint of 

Process for Obtaining Records Checks 

Citation: Ann. Code §§ 63.2-1721; 63.2-1721.1 

A person requesting a background checks must submit a sworn statement or affirmation disclosing whether the person has a 

criminal conviction or is the subject of any pending criminal charges within or outside the Commonwealth and whether or not the 

person has been the subject of a founded complaint of child abuse or neglect within or outside the Commonwealth.

The character and reputation investigation pursuant to § 63.2-1702 shall include background checks. The applicant shall submit the 

required background check information to a representative of the Commissioner of Social Services prior to issuance of a license, 

registration, or approval. The applicant shall provide an original criminal record clearance with respect to offenses specified in 

§ 63.2-1719 or an original criminal history record from the Central Criminal Records Exchange.

Effective July 1, 2017: Every person required to undergo a background check shall:

• Submit to fingerprinting and provide personal descriptive information

• Authorize the Department of Social Services to obtain a copy of information from the central registry on any investigation of 

child abuse or neglect undertaken on him or her

Fingerprints and personal descriptive information shall be forwarded through the Central Criminal Records Exchange to the 

Federal Bureau of Investigation for the purpose of obtaining national criminal history record information regarding the individual. 

Upon receipt of an applicant’s record or notification that no record exists, the Central Criminal Records Exchange shall forward the 

information to the department. 

Grounds for Disqualification

Citation: Ann. Code §§ 63.2-1719; 63.2-1721

Conviction of a barrier crime shall disqualify an applicant. The term ‘barrier crime’ includes:

• A felony violation of a protective order

• Murder or manslaughter

• Malicious wounding by mob 

• Abduction or abduction for immoral purposes

• Assault and bodily wounding

• Robbery

• Carjacking

• Extortion by threat, threats of death or bodily injury, or felony stalking

• Sexual assault
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• Arson

• Drive-by shooting

• Use of a machine gun or sawed-off shotgun in a crime of violence

• Pandering

• Crimes against nature involving children

• Incest

• Taking indecent liberties with children

• Abuse and neglect of children

• Failure to secure medical attention for an injured child

• Obscenity offenses or employing or permitting a minor to assist in any obscenity-related offense

• Possession of child pornography

• Electronic facilitation of pornography

• Delivery of drugs to prisoners

• Escape from jail

• Felonies by prisoners 

• An equivalent offense in another State

In the case of child welfare agencies and foster and adoptive homes approved by child-placing agencies, a ‘barrier crime’ also shall 

include convictions of:

• Burglary

• Any felony violation relating to possession or distribution of drugs

• An equivalent offense in another State

Child welfare agencies and foster and adoptive homes approved by child-placing agencies also may be disqualified for:

• A conviction of any other felony not listed above unless 5 years have elapsed since conviction

• A founded complaint of child abuse or neglect within or outside the Commonwealth

A child-placing agency may approve as a foster or adoptive parent an applicant who has been:

• Convicted of not more than one misdemeanor not involving abuse, neglect, or moral turpitude of a minor, provided 10 years 

have elapsed following the conviction

• Convicted of statutory burglary for breaking and entering a dwelling, home, or other structure with intent to commit larceny, 

who has had his or her civil rights restored by the Governor, provided 25 years have elapsed

• Convicted of felony possession of drugs who has had his or her civil rights restored by the Governor, provided 10 years have 

elapsed

Washington 

Who Needs Records Checks 

Citation: Rev. Code §§ 74.15.030; 43.215.215; Admin. Code § 388-06A-0110

Background checks are required for the following persons and entities: 

• Agencies and their staff, volunteers, students, and interns

• Prospective foster and adoptive parents

• Any adult living in a home in which a child may be placed 

• Relatives by blood or marriage who will be caring for the child

• Providers of child care and early learning services to children

In regulation: The Department Social and Health Services requires background checks on all providers who may have unsupervised 

access to children. The department requires background checks on the following people:

• A volunteer or intern with regular or unsupervised access to children

• Any person who regularly has unsupervised access to a child

• A relative other than a parent who may be caring for a child

• A person who is at least age 16 and resides in a foster, relative, or other suitable person’s home and is not a foster child

Per § 13.34.138, prior to returning a dependent child home, the department requires a background check on all adults residing in the 

home. 
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Types of Records That Must Be Checked 

Citation: Rev. Code §§ 43.43.837; 74.15.030; Admin. Code § 388-06A-0150

The background check shall include:

• A fingerprint-based criminal history background check through the Washington State Patrol Identification and Criminal History 

Section and the Federal Bureau of Investigation

• A review of child protective services information or records maintained in the department case management information 

system

• For any adult living in the home who has not resided in the State of Washington for the preceding 5 years, a review of any child 

abuse and neglect registries maintained by any State in which the adult has resided over the preceding 5 years

In regulation: The background check may include, but is not limited to the following information sources:

• Washington State Patrol

• Washington courts

• The Department of Corrections and Department of Health

• Civil adjudication proceedings

• The applicant’s self-disclosure

• Out-of-State law enforcement and court recordsChild protective services case files

• Administrative hearing decisions related to any department license that has been revoked, suspended, or denied

In addition to the requirements above, background checks conducted by the Children’s Administration for placement of a child in 

out-of-home care, including foster homes, group care facilities, adoptive homes, relative placements, and placement with other 

suitable persons, include the following for each person over age 18 residing in the home:

• Child abuse and neglect registries in each State in which a person has lived in the 5 years prior to conducting the background 

check

• Washington State Patrol and Federal Bureau of Investigation fingerprint-based background checks regardless of the length of 

residence.

Process for Obtaining Records Checks 

Citation: Rev. Code §§ 74.15.030; 26.33.190

The Secretary of Social and Health Services shall have the power and duty to do the following:

• Obtain background information and any out-of-State equivalent to determine whether an applicant or service provider is 

qualified and to determine the character, competence, and suitability of an agency, the agency’s employees, volunteers, and 

other persons associated with an agency

• Conduct background checks for those who will or may have unsupervised access to children

• Obtain child protective services information or records maintained in the department case management information system

• Submit a fingerprint-based background check through the Washington State Patrol and the Federal Bureau of Investigation 

for person requiring a background check

• Investigate any person, including relatives by blood or marriage except for parents, for character, suitability, and competence 

in the care and treatment of children

If a child is placed with a relative, and if that relative appears otherwise suitable and competent to provide care, the criminal history 

background check required by this section need not be completed before placement, but shall be completed as soon as possible 

after placement. 

For a prospective adoptive parent, the agency, the department, or court-approved individual who is preparing the preplacement 

report shall include a background check of any conviction records, pending charges, or disciplinary board final decisions. The 

background check shall include:

• State and national criminal identification data

• The child abuse and neglect history of any adult living in the home

• Checks of the child abuse and neglect registries of all States in which the prospective adoptive parents or any other adult 

living in the home have lived during the 5 preceding years
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Grounds for Disqualification

Citation: Admin. Code §§ 388-06A-0170; 388-06A-0180; 388-06A-0200; 388-25-0450

An applicant will be permanently prohibited from being licensed or certified if he or she has a felony conviction or any of the 

following:

• Child abuse and/or neglect

• Spousal abuse

• A crime against a child, including child pornography

• A crime involving violence, including rape, sexual assault, or homicide, but not including other physical assault or battery

• Any Federal or out-of-State conviction for an offense that under the laws of this State would disqualify a person from having 

unsupervised access to children in any home or facility

A applicant will be disqualified if it has been less than 5 years from a conviction for the following crimes:

• Any felony physical assault or battery offense not included above

• Any felony violation of a drug-related crimes, including, but not limited to, unlawfully manufacturing, delivering, or possessing 

a controlled substance with intent to deliver, or unlawfully using a building for drug purposes

• Any Federal or out-of-State conviction for an offense that under the laws of Washington State would disqualify an applicant for 

no less than 5 years

The department will not license, contract, certify, or authorize a person to have unsupervised access to children who have a criminal 

charge pending for a disqualifying crime described in the Adoption and Safe Families Act (ASFA) of 1997, or a criminal charge 

pending for a disqualifying crime that relates directly to child safety, permanence, or well-being.

The department may exclude relatives who have criminal histories, as included in the ASFA regulations. The department may not 

approve a relative placement if the department finds that, based on a criminal records check, a court of competent jurisdiction has 

determined that the relative or a member of the household has been convicted of a felony involving:

• Child abuse or neglect 

• Spousal abuse

• A crime against a child or children, including child pornography

• Crimes involving violence, including rape, sexual assault, or homicide, but not including other physical assault or battery

The department may not approve a relative placement if the department finds the relative, or a member of the household, has, 

within the last 5 years, been convicted of a felony involving:

• Physical assault or battery

• A drug-related offense 

West Virginia 

Who Needs Records Checks 

Citation: Code of Rules §§ 78-2-13; 78-18-16

Background checks are required for the following persons:

• Prospective foster and adoptive parents

• All adult household members

• The owner/operator, staff, volunteers age 18 or older, and each adult household member of a family child care facility

Types of Records That Must Be Checked 

Citation: Code of Rules §§ 78-2-13; 78-18-16

The background check shall include a criminal record history check and a check for any child abuse and neglect history. 

Process for Obtaining Records Checks 

Citation: Code of Rules §§ 78-2-13; 78-18-16

Prior to approval of a foster or adoptive home, all adult household members shall complete a Criminal Identification Bureau Record 

(CIB)—a fingerprinting process that identifies a person who has been arrested or convicted of criminal behavior—and a ‘Statement 

of Criminal Record’ form. In addition, all adult household members shall complete a ‘Statement of Child Abuse or Neglect History’ 

form and a signed release of information authorizing the Department of Health and Human Resources to verify the information.
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For approval of a family child care facility, a facility owner/operator, staff, volunteers age 18 and older, and each adult household 

member shall:

• Sign a Statement of Criminal Record form

• Sign a consent to check department records for child and adult abuse and neglect

• Submit fingerprints for purposes of obtaining a criminal record background check

Grounds for Disqualification

Citation: Code of Rules §§ 78-2-13; 78-18-16

An agency shall not approve a home for foster care or adoption in which a household member has any convictions other than minor 

traffic violations. Special circumstances may allow a waiver to be granted by the department.

The department shall not grant a license to a family child care facility if the owner/operator, staff, volunteers age 18 or older, or a 

household member:

• Is currently under indictment or charged with any crime

• Is on parole or probation for a felony

• Has been convicted of any of the following crimes:

» Abduction

» Violent felonies, including, but not limited to, rape, sexual assault, felonious physical assault, or felonious battery

» Child or adult abuse or neglect

» Exploitation of or harm to a child or incapacitated adult

» Domestic violence or spousal abuse

» Felony arson

» Felony drug-related offenses within the last 10 years

» Felony Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) convictions within the last 10 years

» Hate crimes as described in § 61-6-21

» Murder 

» Pornography involving children or incapacitated adults

» Purchase or sale of a child

» Sexual offenses, including, but not limited to incest, sexual abuse, or indecent exposure

» Other crimes that the department determines may pose a risk to children

The department shall not approve a facility for continuing licensure if a background check or complaint shows that the operator or a 

household member:

• Has committed child or adult abuse and/or neglect according to department protective services record or any other 

department records

• Is an active recipient of child or adult protective services 

• Has a criminal background as defined in the rule that may not be waived or for which a waiver was not approved

Wisconsin 

Who Needs Records Checks 

Citation: Ann. Stat. §§ 48.685; 48.88

Background checks are required for employees, caregivers, and nonclient residents at any of the following entities:

• A licensed child welfare or child-placing agency

• A foster home

• An interim caregiver to whom subsidized guardianship payments are made

• A group home or shelter care facility

• A child care center or child care provider

Background checks also are required for prospective adoptive parents. 
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Types of Records That Must Be Checked 

Citation: Ann. Stat. §§ 48.685; 48.88

The background check shall include:

• A criminal history search from the records maintained by the Department of Justice

• Information that is contained in the registry under § 146.40(4g) regarding any findings against a health-care provider

• Information maintained by the Department of Safety and Professional Services regarding the status of the person’s 

credentials, if applicable

• Information maintained by the Department of Children and Families regarding any final determination that the person has 

abused or neglected a child 

• Information maintained by the Department of Health Services regarding any denial to the person of a license

• Information that is contained in the sex offender registry regarding whether the person has committed a sex offense that is a 

serious crime

If the prospective adoptive parent was required to obtain an initial license to operate a foster home or treatment foster home before 

placement of the child for adoption, the agency making the investigation shall obtain a criminal history search from the records 

maintained by the Department of Justice and request a fingerprint-based check of the national crime information databases with 

respect to the petitioner. 

Process for Obtaining Records Checks 

Citation: Ann. Stat. § 48.685; Admin. Code DCF 51.07

Every entity shall obtain all of the required information with respect to a caregiver of the entity and any nonclient resident of a 

caregiver.

If the person who is the subject of the search is not a resident of this State, or if at any time within the 3 years preceding the date 

of the search that person has not been a resident of this State, the entity shall make a good faith effort to obtain from any State in 

which the person is a resident or was a resident information that is equivalent to the information specified above. The department or 

entity may require the person to be fingerprinted on two fingerprint cards, each bearing a complete set of the person’s fingerprints. 

The Department of Justice may provide for the submission of the fingerprint cards to the Federal Bureau of Investigation for the 

purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrests and convictions.

If the person is seeking a license to operate a foster home or is an adult nonclient resident of the foster home and if the person or 

adult nonclient resident is not, or at any time within the preceding 5 years has not been a resident of this State, the department shall 

check any child abuse or neglect registry maintained by any State or other U.S. jurisdiction in which the person or adult nonclient 

resident is a resident or was a resident within those 5 years for information that is equivalent to the information specified above.

In regulation: The requirements of Wis. Ann. Stat. § 48.685 apply to an adoptive parent applicant who is in a home studied by a 

county department or a child-placing agency. 

Grounds for Disqualification

Citation: Ann. Stat. § 48.685

An applicant will not be approved if the results of the background study reveals any of the following: 

• That the person has been convicted of a serious crime

• That the person has abused or neglected any client or misappropriated the property of any client

• That the person has abused or neglected a child

A foster home will not be licensed if the applicant has ever been convicted of any of the following offenses:

• A felony offense under ch. 948, crimes against children, including, but not limited to:

» Sexual assault of a child

» Physical abuse of a child

» Sexual exploitation of a child, including child pornography

» Trafficking of a child

» Child abandonment and child neglect

» Sadomasochistic abuse

» Sexually explicit conduct, including actual or simulated sexual intercourse, bestiality, or the lewd exhibition of intimate 

parts

• Battery, substantial battery, or aggravated battery, if the victim is the spouse of the person

• Reckless injury, intentional homicide, felony murder, reckless homicide, mayhem, or sexual assault
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• Taking hostages or kidnapping

• Endangering a person’s safety by the use of a dangerous weapon

• Disarming a peace officer

• Burglary or robbery

• Operating a vehicle without the owner’s consent while possessing a dangerous weapon

An applicant will be disqualified if he or she has committed, within the 5 years preceding the date of the investigation, any of the 

following offenses:

• Battery

• Injury or death caused by providing alcohol beverages to a minor

• Providing a falsified official identification card to an underage person

• Impersonating an officer

• Manufacturing or rectifying intoxicating liquor and selling such liquor without a permit

• Recovering and selling any alcohol or alcoholic liquid from denatured alcohol

• Homicide by intoxicated use of vehicle or firearm

• Battery or threat to a judge, a Department of Revenue employee, a Department of Safety and Professional Services employee, 

or a Department of Workforce Development employee

• Injury by intoxicated use of a vehicle

• Operating a vehicle under the influence of an intoxicant or other drug

• Any drug-related felony under ch. 961

Wyoming 

Who Needs Records Checks 

Citation: Ann. Stat. §§ 7-19-201; 14-4-401; Code of Rules § 049-080-003(10)

Background checks are required for employees of substitute care providers certified by the Department of Family Services, including 

staff at any of the following privately operated facilities:

• Children’s institutions

• Child-placing agencies, whether for permanent or temporary placement

• Foster homes

• Group daycare agencies

• Detention homes 

• Public or private receiving homes

• Correctional schools

• Ranches for children, whether for summer operation only or otherwise

• Day or hourly nurseries, nursery schools, kindergartens, or any other preschool establishment not accredited by the State 

Board of Education

In regulation: Background checks shall be completed for all staff, foster parents, and adoptive parents. These same checks are 

necessary for adult household members in the case of foster homes, adoptive homes, and facilities that are operated in an 

individual’s home. 

Types of Records That Must Be Checked 

Citation: Code of Rules § 049-080-003(10)

The background check shall include:

• A Wyoming abuse and/or neglect central registry check

• An abuse and/or neglect central registry check from any other State the person has lived in for the past 5 years

• A Division of Criminal Investigation criminal history record prescreen

• A national criminal history record check
Background Checks for Prospective Foster, Adoptive, and Kinship Caregivers https://www.childwelfare.gov

Process for Obtaining Records Checks 

Citation: Ann. Stat. § 7-19-201

A person in need of a background check is required to submit to fingerprinting in order to obtain State and national criminal history 

record information. The fingerprints shall be submitted to the Wyoming Division of Criminal Investigation for processing and 

obtaining State and national criminal history record information. The division may submit any applicant fingerprint cards received to 

the Federal Bureau of Investigation for the purpose of obtaining national criminal history record information. 

Grounds for Disqualification

Citation: Code of Rules § 049-080-003(10)

A person whose name appears on the central registry as substantiated must not be employed, approved to provide care, or reside in 

any facility certified under these rules. 

A person with a criminal history record may not be employed, approved to provide care, or reside in any facility certified under these 

rules if that person has been convicted or has a pending deferred prosecution of a felony involving:

• Child abuse and/or neglect

• Spousal abuse

• A crime against a child or vulnerable adult

• A crime involving violence, including rape, sexual assault, or homicide, but not including other physical assault or battery

• One of the following crimes, if the conviction occurred within the past 5 years:

» Felony physical assault

» Felony battery

» A felony drug-related offense

» Any other crime that causes the facility to be concerned for the safety or well-being of children or others

No staff person, including volunteers and interns, foster parent, or adult household member residing in any facility, who has been 

charged with a crime involving children, physical or sexual violence against any person, or a felony drug-related offense and awaiting 

trial may provide care or be present in the facility pending the outcome of the criminal proceeding.