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

(Revised 10/1/2019 ML #3564)

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The purpose of the background check is to obtain information that will assist the authorized licensing agent and the Department 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 family foster home for children 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 Department regional office. 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 history record investigation inclusive of a child abuse and neglect index check in each state or tribal jurisdiction must be submitted on every adult residing 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 study 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 http://www.nd.gov/dhs/services/childfamily/cbcu/index.html.

 

Applicants must complete the online forms under “foster care related”:

  1. Personal Authorization for Criminal History Record Information Inquiry (SFN 829) for each adult in the prospective foster home;
  2. Criminal History Record Request (SFN 60688) for each adult in the prospective foster home.
  3. Fingerprint Identity Verification Form (SFN 836). This form must be printed and taken to your local human service center when fingerprinting is completed.

If any adult residing in the prospective family foster home for children has lived outside of North Dakota in the past five years, they need to complete an additional out of state authorization form for each state they have lived in. For a complete list of states and forms needed for each state http://www.nd.gov/dhs/services/childfamily/cbcu/foster-care-index.html.

 

Delays in receiving background check results often occur when individuals:

In such instances, the background check forms cannot be processed by CBCU or forwarded to the Bureau of Criminal Investigation (BCI) and are rejected in their entirety. A new set of forms must be completed (SFN 829 and SFN 60688), to include any additional forms required by other states.

 

Fingerprint appointments can be made by calling the local Regional Human Service Center. The SFN 829 and SFN 60688 must completed online prior to completing the fingerprints. Once the fingerprints are completed, the prints and forms will be sent by the Human Service Center to the Department’s 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.

 

Child Abuse & Neglect Index

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. Annually, a child abuse and neglect index check must be completed as part of the licensing renewal process for every adult in the home. The annual Child Abuse & Neglect Index check (SFN 433) will be completed by the Department’s regional office.

 

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:

  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.