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

(Revised 6/1/22 ML #3677)

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The purpose of the background check is to obtain information that will assist in the assessment of whether the applicant(s) and adult individuals living in the home are suitable to provide foster care to children. NDCC § 50-11-02(2) requires the background check be conducted prior to licensure. Any family licensed prior to August 1, 1999 was grandfathered in not requiring a fingerprint-based criminal background check on file (NDAC 75-03-14-07).

 

A foster care provider cannot be issued a license or a Tribal affidavit approval until the background check process is complete and the Criminal Background Check Unit (CBCU) has forwarded background check clearance to the authorized agent and/or the CFS Licensing Unit. 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 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. If 180 days have passed and the prospective foster family has not completed the licensing process, all adults in the home must complete a new fingerprint- based criminal background check at that time.

 

Licensing Specialists must thoroughly inform prospective providers 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 a ND Department of Human Service Center when fingerprinting is completed.

If any adult residing in the prospective family foster home 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 view: http://www.nd.gov/dhs/services/childfamily/cbcu/foster-care-index.html.

 

Child Abuse & Neglect Index

Federal law requires states to complete a child abuse and neglect index check initially and annually thereafter for each foster care provider and any adult household members.

The CFS Licensing Unit will:

  1. During initial licensing, obtain the child abuse and neglect index check results gathered from the CBCU for ND as well as index search results from any state in which the prospective provider, or other adult living in the home has resided in the preceding 5 years.
  2. During renewal licensing, review the child abuse and neglect index check completed as part of the licensing renewal process for every adult in the home. The Child Abuse & Neglect Index check (SFN 433) must be signed by each adult granting permission to view the state index;
  3. During initial and renewal licensing, the CFS Licensing Unit will utilize the data management system for each applicant or foster care provider licensed by the state to review:
  1. Any child abuse and neglect report or assessment involving the applicant/foster care provider or any household member within the last 5 years (initial) and 1 year (renewal), and
  2. If any child of the household (not a child in foster care) is currently under the custody of a public agency.
  1. Authorized licensing agents may choose to utilize the SFN 1059, Authorization to Disclose information, which will grant permission for the CFS Licensing Unit to view the data management system and disclose to the licensing specialist:
  1. Any child abuse and neglect report or assessment involving the applicant/foster care provider or any household member within the last 5 years (initial) and 1 year (renewal), and
  2. If any child of the household (not a child in foster care) is currently under the custody of a public agency.

 

North Dakota will comply with any child abuse and neglect index 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); or
  2. When a licensed or approved provider 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.