New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 3 - Child-care Agencies › Part 443 - Certification, Approval and Supervision of Foster Family Boarding Homes › Section 443.8 - Criminal history record check

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
			 authorized agency must perform criminal history record checks with the Division
			 of Criminal Justice Services and the Federal Bureau of Investigation regarding
			 any prospective foster parent and each person over the age of 18 who is
			 currently residing in the home of such prospective foster parent before the
			 foster parent is finally approved or certified for the placement of a foster
			 child.
(b) At the time a foster
			 parent applies for renewal of his or her approval or certification, an
			 authorized agency must perform a State and national criminal history record
			 check with the Division of Criminal Justice Services in accordance with
			 subdivision (d) of this section regarding each person over the age of 18, other
			 than a foster parent certified or approved prior to January 11, 2007, who is
			 currently residing in the home of such foster parent who has not previously had
			 such criminal history record checks completed.
(c) With the exception of the requirement
			 that a criminal history record check must be completed by the Federal Bureau of
			 Investigation, the provisions of this sectional so apply to persons who were
			 certified or approved as foster parents on or before February 11,
			 1999.
(d)
Fingerprinting.
(1) The
			 authorized agency must obtain fingerprints of the prospective foster parent and
			 each other person over the age of 18 who currently resides in the home of such
			 prospective or existing foster parent in the form prescribed by the Office of
			 Children and Family Services, and such other information as is required by the
			 Office of Children and Family Services, the Division of Criminal Justice
			 Services and the Federal Bureau of Investigation.
(2) The authorized agency must provide the
			 applicant sufficient blank fingerprint cards and a description of how the
			 completed fingerprint cards will be used upon submission to the authorized
			 agency.
(3) The authorized agency
			 or its designee must promptly transmit such fingerprint cards to the Office of
			 Children and Family Services.
(4)
			 The Office of Children and Family Services will promptly submit the fingerprint
			 cards to the Division of Criminal Justice Services for its full search and
			 retain processing in regard to the State criminal history record check and for
			 the forwarding of the fingerprints to the Federal Bureau of Investigation. The
			 Office of Children and Family Services will also include the applicable fee
			 imposed by the Division of Criminal Justice Services and the Federal Bureau of
			 Investigation.
(5) No part of the
			 fee imposed for the processing of the fingerprints with the Division of
			 Criminal Justice Services or the Federal Bureau of Investigation will be
			 charged to the prospective or existing foster parent or any person over the age
			 of 18 who currently resides in the home of such prospective or existing foster
			 parent who submitted fingerprint cards pursuant to this subdivision.
(6) The Division of Criminal Justice Services
			 and the Federal Bureau of Investigation will promptly provide the Office of
			 Children and Family Services with a criminal history record, if any, on such
			 person.
(7)
(i) The Office of Children and Family
			 Services will review the criminal history record information provided by the
			 Division of Criminal Justice Services and the Federal Bureau of Investigation
			 and promptly provide the authorized agency, as defined in section 371 (10)(b)  of the Social
			 Services Law, with a summary of the criminal history record and notify the
			 authorized agency of the actions that it must take regarding the person as set
			 forth in subdivision (e) of this section.
(ii) The Office of Children and Family
			 Services will review the criminal history record information provided by the
			 Division of Criminal Justice Services and promptly provide the authorized
			 agency, as defined in section 371 (10)(a)  of the Social
			 Services Law, with a summary of the criminal history record and notify the
			 authorized agency of the actions it must take regarding the person as set forth
			 in subdivision (e) of this section.
(iii) The Office of Children and Family
			 Services will review the criminal history record information provided by the
			 Federal Bureau of Investigation and evaluate such results in accordance with
			 the standards set forth in subdivision (e) of this section. The Office of
			 Children and Family Services will inform the authorized agency, as defined in
			 section 371 (10)(a)  of the Social
			 Services Law, that the application for certification or approval of the
			 prospective foster parent either:
(a) must be
			 denied;
(b) must be held in
			 abeyance pending subsequent notification from the Office of Children and Family
			 Services; or
(c) that the Office of
			 Children and Family Services has no objection, solely based on the Federal
			 Bureau of Investigation criminal history record check, for the authorized
			 agency to proceed with a determination on such application based on the
			 standards for certification or approval of a prospective foster parent, as set
			 forth in this Part.