An Act To Permit Background Checks on Prospective Adoptive Parents LR2642(02)
Maine Legislature, Session 121, LD 1754
Committee Amendment CA_A_H728 (House)

COMMITTEE AMENDMENT "fi" to H.P. 1276, L.D. 1754, Bill, "An 
Act To Permit Background Checks on Prospective Adoptive Parents" 
Amend the bill in section 1 in subsection (a-1) by striking 
out the first blocked paragraph (page 2, lines 39 to 46 in L.D.) 
Further amend the bill by inserting after section 1 the 
following: 
• Sec. 2. 18-A MRS A §9-304, sub-§(a-2) is enacted to read: 
(a-2) 
The department may, pursuant to rules adopted by the 
department. at any time before the filing of the petition for 
adoption, conduct background checks for each prospective adoptive 
parent of a minor child in its custody. 
(1) 
The department may reguest a background check for each 
prospective adoptive parent who is not the biological parent 
of the child. 
The background check must include criminal 
history record information obtained from the Maine Criminal 
Justice 
Information 
System 
and 
the 
Federal 
Bureau 
of 
Investigation. 
(i) 
The criminal history record information obtained 
from the Maine Criminal Justice Information System must 
include a record of Maine conviction data. 
(ii) 
The criminal history record information obtained 
from the Federal Bureau of Investigation must include 
other 
state 
and 
national 
criminal 
history 
record 
information. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "~,, to H.P. 1276, L.D. 1754 
(iii) 
Each 
I?rosI?ecti ve 
I?arent 
who 
is 
not 
the 
biological parent of the child shall submit to having 
fingerprints taken. 
The State Police, upon receipt of 
the fingerI?rint card, may charge the department 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 fingerI?rints 
and shall forward the fingerprints to the State Bureau 
of Identification so that the bureau can conduct state 
and national criminal history record checks. 
Except 
for 
the 
portion 
of 
the 
payment, 
if 
any, 
that 
constitutes the processing fee charged by the Federal 
Bureau of Investigation, all money received by the 
State Police for purposes of this paragraph must be 
paid over to the Treasurer of State. 
The money must be 
apI?lied to the expenses of administration incurred by 
the Department of Public Safety. 
(iv) 
The subject of a Federal Bureau of Investigation 
criminal history record check may obtain a copy of the 
criminal 
history 
record 
check 
by 
following 
the 
procedures outlined in 28 Code of Federal Regulations, 
Sections 16.32 
and 16.33. 
The 
subject of 
a 
state 
criminal history record check may insI?ect and review 
the criminal history record information pursuant to 
Title 16, section 620. 
(v) 
State 
and 
federal 
criminal 
history 
record 
information may 
be 
used by the department for 
the 
I?urpose of screening prospective adoptive parents in 
determining 
whether 
the 
adoption 
is 
in 
the 
best 
interests of the child. 
(vi) 
Information obtained pursuant to this paragraph 
is confidential. 
The 
results of 
background 
checks 
received by the department are for official use only 
and may not be disseminated outside the department 
except to 
a 
court considering an adoption petition 
under subsection (a-I). 
(2) 
Rules 
adopted 
by the 
department 
pursuant to 
this 
subsection are routine technical rules as defined in Title 
5, chapter 375, subchaI?ter 2-A.· 
SUMMARY 
This amendment replaces the bill. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. If· to H.P. 1276, L.D. 1754 
Current law requires the Probate Court to request background 
checks, including a fingerprint-based national criminal history 
record check, for all adoptions once the adoption petition has 
been filed with the Probate Court. 
This 
amendment gives the 
Department of Human Services the authority to use the same basic 
procedure to conduct background checks ear lier in the adoption 
process. 
FISCAL ~on: HEQllRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 02117/04 ~ac 
l2lst Maine Legislature 
Office of Fiscal and Program Review 
LD 1754 
An Act To Permit Background Checks on Prospective Adoptive Parents 
LR2642(02) 
Fiscal Note for Bill as Amended by Co~ittee Amendment" " 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor Revenue Increase - General Fund 
Any additional costs to the Department of Human Services and to the Department of Public Safety in implementing 
this legislation can be absorbed by the departments utilizing existing resources. 
The Department of Public Safety may collect a minor amount of additional General Fund revenue through 
background check fees collected from certain adoptive parents. 
LR2642(2) - Fiscal Note - Page 1 of 1