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

(Revised 4/26/2017 ML #3503)

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Purpose of Background Check:

The purpose of the background check is to obtain information that will assist the licensing authorized agent in determining whether the individuals in the home are suitable to provide safe care to foster children.

 

NDCC § 50-11-02(2) requires the background check be conducted prior to licensure. A foster home cannot be issued a license or an approval (Tribal affidavit) until the background check process is complete and the NDDHS Criminal Background Check Unit (CBCU) has forwarded background check clearance to the authorized agent and the Regional Supervisor. Any criminal history information identified during the background check process can be used when making a licensing decision.

 

Background Check Process:

The request for a fingerprint-based criminal background check must be submitted on every adult living in the prospective foster home. The initial background check results are eligible for a timeframe of 180 days (roughly 6 months) from the date of completion, as long as a home assessment has remained in progress. In some cases, it may take six months to complete the ND licensing requirements. If 180 days have passed and the prospective foster family has not completed the foster care for children licensing process, all adults in the home must complete a new fingerprint-based criminal background check at that time. Background checks will not be valid if the 180 day time period has lapsed, or if a home study is terminated by the agency or subject, and re-opened at a later time within the 180 days. In these instances, a new fingerprint based criminal background check must be completed.

 

Licensing workers must thoroughly inform prospective foster parents of the process to complete all required background check forms. The forms are available online at www.nd.gov.

 

Delays in receiving background check results often occur when individuals:

• Use the wrong forms,
• Do not read the instructions,
• Give conflicting information,
• Do not complete required fields in every section,
• Do not list the last five years of address history, or
• Do not sign the forms.

In such instances, the background check forms cannot be processed by CBCU or forwarded to the Bureau of Criminal Investigation (BCI) and must be returned to the individual for completion.

 

Applicants must submit:

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

Fingerprint appointments can be made by calling the local Regional Human Service Center. SFN 838 and SFN 377 must be completed prior to the fingerprint appointment and must be submitted the day the fingerprints are obtained. Once the fingerprints are completed, the prints and forms will be sent by the Human Service Center to the CBCU. At that time, CBCU will process the paperwork and forward the authorization form and fingerprints to the Bureau of Criminal Investigation (BCI) to complete the background check.

 

During initial licensing, CBCU will also conduct a North Dakota Child Abuse & Neglect Registry Check and 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. An annual child abuse and neglect check is required as part of the licensing renewal process. The annual Child Abuse & Neglect Index check (SFN 433) will be completed by the Regional Supervisor.

 

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.

 

Subsequent background checks are required when:

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

 

Rejected Fingerprints:

In the event that two sets of fingerprints have been accepted and rejected, the FBI will conduct a nationwide name based criminal background check. The name based results will be accepted and used in the determination of criminal history check clearance.

 

Relative/Kinship Care (TANF) Background Checks:

NDAC 75-03-14 sets forth criminal background check requirements for family foster care for children licensing, including kinship care families. Relative caregivers may choose to apply for the Kinship Care (TANF) program benefits, where a background check is needed in order to receive timely economic assistance for a foster child placed into their home. If the relative/kinship family chooses to pursue foster care licensing, their initial background check is valid for a period of 180 days from the date of completion. This will allow additional time for the foster care licensing process to conclude, while utilizing the same (initial) background check. The background check results will be sent to the licensing authorized agent labeled “Criminal Background Check Results – Foster Care/Kinship Care” as the memo subject.