Background Check for Adults in Foster Home 622-05-15-25

(Revised 8/15/2010 ML #3224)

Purpose of Background Check:

The purpose of the background check is to help ensure a safe environment for the child. The background check information assists the agency in the determination whether the individuals in the home are suitable to be licensed to provide foster care. Licensing decisions made prior to receipt of the completed background check lack information that may have influenced the licensing decision.

Background Checks must be Completed Prior to Licensure or Approval:

State law (NDCC § 50-11-02(2)) requires that the background check be conducted prior to licensure:

Before licensing or approving a facility providing foster care for children or adults, the department shall seek a criminal history record when required by this chapter. The department will consider any criminal history record information available at the time a licensing or approval decision is made.

(Note that the above section of the North Dakota Century Code requires the Department to consider “any” criminal history information available when a licensing decision is made.)

In 1356.30 of federal regulations (effective March 27, 2000), it is clear that criminal records checks must be conducted “. . . with respect to prospective foster and adoptive families” prior to licensure or approval.

No payment may be made to an ineligible provider. To be an eligible provider, a foster home must be licensed or approved.

Subsequent background checks are required:

If there is a lapse of license between a family foster home re-licensure or license renewal.
When a licensed or approved foster care parent or other adult living in the home is known to have been involved, charged, or convicted of an offense.

Background Check Summary:

Please submit the request for a fingerprint-based criminal background check on all adults living in the home early in the licensure study process.

Prior to working with prospective foster parents related to completion of the forms for the background checks, please carefully review the instructions, which are available on each form. All forms are available as eforms. Delays often result when individuals use the wrong forms, give incomplete or conflicting information, or forget to sign the background check forms. In such instances, the forms cannot be forwarded to the Bureau of Criminal Investigation (BCI) and must be returned for completion.

The background check consists of the following:

Completion of “Personal Authorization for Criminal History Background Check Inquiry,” SFN 838, for each adult in the prospective foster home.
Completion of “Background Check Address Disclosure/Release of Information,” SFN 377, for each adult in the prospective foster home.
Completion of two fingerprint cards, or electronic Live Scan fingerprints obtained at the Human Service Center locations.

The completed information is forwarded to Children and Family Services, NDDHS. NDDHS forwards the authorization form and fingerprints to the Bureau of Criminal Investigation (BCI) to process.

NDDHS will conduct an in-state Child Abuse & Neglect Registry Check as well as a Child Abuse and Neglect Index search in any state in which the prospective foster parent, or other adult living in the home, has resided in the preceding 5 years. The applicant must disclose each and every address at which they have resided in the five years prior to the date of the application.

North Dakota will comply with any child abuse and neglect registry check that is requested from another State. This may include additional forms and/or fees requested by the other State.

No foster home may be licensed until the background check process is complete, and CFS has forwarded background check clearance to the agency conducting the licensing study and to the regional supervisor.

In the event that two sets of fingerprints have been accepted and rejected, the FBI will conduct a nationwide name based criminal background check.