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8.4F. TITLE IV-E, General Title IV-E Requirements, Criminal Record and Registry Checks
Answer
Yes. For the purposes of title IV-E, a "State" is defined in 45 CFR 1355.20 as the 50 States, the District of Columbia, Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam and American Samoa. As such, title IV-E agencies must request child abuse and neglect information pursuant to section 471(a)(20)(C)(i) of the Act of any of these territories that maintains a child abuse and neglect registry. However, only Territories that have an approved plan under title IV-E of the Act are obligated to comply with an incoming request pursuant to section 471(a)(20)(C)(ii) of the Act.
Title IV-E agencies must request information from a child abuse and neglect registry maintained by a Tribe operating a title IV-E program if the prospective foster or adoptive parent resided in the tribal agency’s service area within the last five years (479B and 471(a)(20)(C)(ii) of the Act). Title IV-E agencies may also request such information from Indian tribes that are not approved title IV-E agencies, however, such tribes are not obligated to comply with an incoming request.
Source/Date
12/6/2007; 4/13/07; revised 9/30/26
Legal and Related References
Social Security Act - section 471(a)(20)(C); 45 CFR 1355.20
Answer
The statute is silent with respect to this issue. Therefore, the State may exercise its discretion in choosing whether to conduct criminal records checks at the State or Federal level.
Source/Date
Preamble to the Notice of Proposed Rulemaking (63 FR 50058) (9/18/98)
Legal and Related References
Social Security Act - section 471(a)(20); 45 CFR 1356.30
Answer
The provision applies to "prospective" foster and adoptive parents. Therefore, the provision applies to foster and adoptive parents who are licensed or approved after the date of enactment of the law (November 19, 1997), or the approved delayed effective date if the State required legislation to implement the provision.
Source/Date
Preamble to the Final Rule (65 FR 4020) (1/25/00)
Legal and Related References
Social Security Act - section 471 (a)(20); 45 CFR 1356.30
Answer
No. Such a requirement would go beyond the statute.
Source/Date
Preamble to the Final Rule (65 FR 4020) (1/25/00)
Legal and Related References
Social Security Act - section 471 (a)(20); 45 CFR 1356.30
Answer
The criminal records check provision at section 471 (a)(20)(A) of the Social Security Act would apply in such situations. Alcohol is considered a drug and a felony conviction for an alcohol-related offense is a serious crime. Therefore, an alcohol-related felony conviction within the last five years would prohibit the title IV-E agency from placing children with the individual for the purpose of foster care or adoption under title IV-E.
Source/Date
Preamble to the Final Rule (65 FR 4020) (1/25/00) revised 9/30/26
Legal and Related References
Social Security Act - section 471 (a)(20); 45 CFR 1356.30
Answer
No. Tribes may only receive title IV-E funds pursuant to a title IV-E agreement with a State. A Tribe that enters into such an agreement must comport with section 471 (a)(20) of the Social Security Act (the Act) and section 1356.30 in accordance with the State plan in order to receive title IV-E funding on behalf of children placed in the homes it licenses. Agreements between the State child welfare agency and other public agencies or Tribes permit those entities to have placement and care responsibility for a particular group of the foster care population under the approved State plan. Such agreements do not permit other public agencies or tribes to develop a distinct title IV-E program separate from that operated under the approved State plan.
Source/Date
Preamble to the Final Rule (65 FR 4020) (1/25/00)
Legal and Related References
Social Security Act - section 471(a)(20); 45 CFR 1356.30
Answer
No. The title IV-E agency is not required by Federal law to complete the fingerprint-based checks before placing a child in the home of a prospective foster or adoptive parent. Rather, section 471(a)(20)(A) of the Act makes a fingerprint-based check of the national crime information databases an integral part of a title IV-E agency's criminal records check procedures that the agency must complete before licensing or approving a prospective foster or adoptive parent.
Although the title IV-E agency may place a child in the home prior to completing the required criminal records check, doing so prior to completing thorough safety checks has serious practice implications. Further, title IV-E agencies must still meet other Federal requirements to claim title IV-E foster care maintenance or adoption assistance. Therefore, title IV-E foster care maintenance payments may be paid on behalf of an otherwise eligible child only once the criminal records check has been completed, the records reveal that the parents did not commit any prohibited felonies in section 471(a)(20)(A)(i) and (ii) of the Act, and the foster family home is licensed. Similarly, title IV-E adoption assistance payments may be paid on behalf of an otherwise eligible child only once the criminal records check has been completed, the records reveal that the parents did not commit any of the prohibited felonies, and all other adoption assistance criteria are met.
Source/Date
1/29/2007; revised 9/30/26
Legal and Related References
Social Security Act § 471(a)(20)(A)
Answer
No. The title IV-E agency is not required to conduct a check of its child abuse and neglect registry before placing a child in the home of a prospective foster or adoptive parent. Rather, a title IV-E agency must check, or request a check of a State or Tribal title IV-E agency-maintained child abuse and neglect registry in each State or Tribal title IV-E agency’s service area where the prospective foster and adoptive parents and any other adult(s) living in the home have resided in the preceding five years before the title IV-E agency can license or approve a prospective foster or adoptive parent.
Although the title IV-E agency may place a child in the home prior to completing the required registry checks, doing so prior to completing thorough safety checks has serious practice implications. Further, title IV-E agencies must still meet other Federal requirements to claim title IV-E foster care maintenance or adoption assistance. Therefore, title IV-E foster care maintenance payments may be paid on behalf of an otherwise eligible child only once the criminal records check has been completed, the records reveal that the parents did not commit any prohibited felonies in section 471(a)(20)(A)(i) and (ii) of the Act, and the foster family home is licensed. Similarly, title IV-E adoption assistance payments may be paid on behalf of an otherwise eligible child only once the criminal records check has been completed, the records reveal that the parents did not commit any of the prohibited felonies, and all other adoption assistance criteria are met.
Source/Date
1/29/2007; revised 9/30/26
Legal and Related References
Social Security Act § section 471(a)(20)(C)
Answer
No. The new child abuse and neglect registry check requirements in section 471(a)(20) of the Act apply to "prospective" adoptive or foster parents, as well as all adults living in the prospective family's home. Thus, once a foster or adoptive home has been approved or licensed by the State or Tribal title IV-E agency, section 471(a)(20) of the Act does not require the title IV-E agency to complete additional child abuse and neglect checks on other adult(s) living in the home.
Source/Date
1/29/2007; revised 9/30/26
Legal and Related References
Social Security Act § section 471(a)(20)
Answer
Section 471(a)(20)(A) of the Act places requirements on the title IV-E agency as a condition of the title IV-E plan and places additional requirements for claiming title IV-E foster care maintenance and adoption assistance payments on behalf of a title IV-E eligible child. As a condition of the title IV-E plan, the title IV-E agency must have procedures for criminal background checks, including fingerprint-based criminal record checks of the national crime information databases for prospective foster and adoptive parents. This requirement does not include checks for any member of the household over the age of 18. (Note: Section 106(b)(2)(B)(xxii) of the Child Abuse Prevention and Treatment Act (CAPTA) requires that States have provisions and procedures that require criminal background checks for prospective foster and adoptive parents and other adults residing in the household that meet the title IV-E criminal background check requirements in section 471(a)(20) of the Act).
The title IV-E agency and its agents, must conduct the checks and otherwise apply the procedures for prospective parents whom it will license or approve to care for a participant in the title IV-B/IV-E program (section 471(a)(20)(A) of the Act). Agents of the title IV-E agency include a State or Tribal licensing authority and any other agency that is under contract with the title IV-E agency to issue licenses or approvals.
Further, in order for a title IV-E agency to claim title IV-E foster care maintenance or adoption assistance payments for an otherwise title IV-E eligible child, the criminal records check must reveal that the prospective foster or adoptive parent has not been convicted of the prohibited felonies, and in the case of a foster family home, the home must be licensed or approved (section 471(a)(20)(A)(i) and (ii) of the Act). This applies regardless of the entity that licenses or approves the prospective parent (e.g., a private adoption agency, an Indian tribe either with or without an agreement under section 472(a)(2)(B)(ii) of the Act, or a private child placing agency not under contract with the title IV-E agency).
In addition, the title IV-E agency must check any child abuse and neglect registry maintained by a State or Tribe in which the adults living in the home of a prospective foster or adoptive parent have resided during the preceding five years, for any prospective parent who: 1) will be licensed or approved by the title IV-E agency, another public agency operating the title IV-E program pursuant to an agreement with the title IV-E agency (section 472(a)(2)(B)(ii) of the Act), or any other agency that is under contract with the title IV-E agency to issue licenses or approvals; and, 2) will provide care for a child who is a participant in the title IV-B/IV-E programs (section 471(a)(20)(C)(i) of the Act).
Source/Date
13-Apr-07; Preamble to the Final Rule (65 FR 4020) (1/25/00); revised 9/30/26
Legal and Related References
Social Security Act - section 471(a)(20)(A) and 471(a)(20)(C); 45 CFR 1356.30
Answer
The State must check any child abuse and neglect registry maintained by a State in which the adults living in the home of a prospective foster or adoptive parent have resided in the preceding five years, for any prospective parent who: 1) will be licensed or approved by the title IV-E agency, another public agency operating the title IV-E program pursuant to an agreement with the title IV-E agency (section 472(a)(2)(B)(ii) of the Act), or any other agency that is under contract with the title IV-E agency to issue licenses or approvals; and, 2) will provide care for a child who is a participant in the State's title IV-B/IV-E programs (section 471(a)(20)(C)(i) of the Act).
Source/Date
13-Apr-07
Legal and Related References
Social Security Act - section 471(a)(20)(C)
Answer
A title IV-E agency's general procedures for criminal background checks of prospective foster and adoptive parents prior to licensing or approval as specified in section 471(a)(20) of the Social Security Act, must include conducting fingerprint-based checks of the NCID. The title IV-E agency must also check its own State or Tribe-maintained child abuse and neglect registry, if it has one, and other State or Tribal title IV-E agency-maintained registries in which adult members of the prospective foster or adoptive parent's home have resided in the last five years. See the Child Welfare Policy Manual (CWPM) Section 8.4F Q/A #16 for case-by-case situations in which title IV-E agencies may use an alternative method to obtain fingerprint-based checks of the NCID.
Source/Date
7/2/2007; revised 9/30/26
Legal and Related References
Social Security Act - section 471(a)(20); CWPM Section 8.4F #16
Answer
It depends. Some prospective parents are "dually licensed" to be a foster parent and/or an adoptive parent and therefore do not need a separate license or approval once initially licensed or approved. In this circumstance, the parent providing foster care does not become a "prospective" adoptive parent and the title IV-E agency would not be required by Federal law to conduct the background checks in section 471(a)(20) of the Act again.
However, if a State or Tribe has separate licenses or approvals for foster and adoptive parents, then the title IV-E agency must comply with section 471(a)(20) of the Act prior to licensing or approving the foster parent as an adoptive parent. Consistent with the Child Welfare Policy Manual 8.4F Q/A #14, if the title IV-E agency has established an appropriate timeframe that a background check remains valid and such timeframe has not expired for the foster parent seeking approval as an adoptive parent, the title IV-E agency can consider the requirement of section 471(a)(20) of the Act met without conducting a new background check.
Source/Date
7-Apr-08 revised 9/30/26
Legal and Related References
Social Security Act - section 471(a)(20)
Answer
Yes. The statute requires only that the background checks for prospective foster and adoptive parents be conducted prior to licensure or approval (section 471(a)(20) of the Act). Since the statute does not prescribe a specific timeframe for when such checks must be completed or remain valid, the title IV-E agency has the discretion to establish timeframes as it sees fit, so long as the background checks are completed prior to licensure or approval.
Source/Date
13-Apr-07; revised 9/30/26
Legal and Related References
Social Security Act - section 471(a)(20)
Answer
Yes. The title IV-E agency has the discretion to establish more restrictive criteria for foster or adoptive home licensure or approval than described in section 471(a)(20)(A)(i) or (ii) of the Act.
Source/Date
13-Apr-07; revised 9/30/26
Legal and Related References
Social Security Act - section 471(a)(20)(A)
Answer
Section 471(a)(20)(C)(i) of the Act requires the title IV-E agency to request and check a child abuse and neglect registry maintained by another title IV-E agency in which prospective foster and adoptive parents and other adults living in the home have resided within the last five years.
A title IV-E agency may not approve or license a prospective foster or adoptive home pursuant to section 471(a)(20)(C)(i) of the Act without the results of a child abuse and neglect registry check maintained by another title IV-E agency where the prospective parents or other adults in the home have lived in the past five years, unless the results are not provided because the other title IV-E agency does not maintain a registry. The requirement is met for the requesting title IV-E agency once the registry information is received from the other title IV-E agency or when the request is denied because the other title IV-E agency does not maintain a registry. If the request is denied because the other title IV-E agency does not maintain a registry, the title IV-E agency may determine whether to license or approve the prospective foster or adoptive parent in the absence of the information.
The law does not require a title IV-E agency that does not maintain a child abuse and neglect registry to develop one, nor does it require a title IV-E agency that currently has a registry to maintain it in perpetuity. If a title IV-E agency has verified that another title IV-E agency does not maintain a child abuse and neglect registry, the requirement in section 471(a)(20)(C)(i) of the Act to request a check for child abuse and neglect registry information from that title IV-E agency is inapplicable.
A title IV-E agency that maintains a child abuse and neglect registry must comply with another title IV-E agency 's request to check information on a prospective foster or adoptive parent and other adult household members consistent with section 471(a)(20)(C)(i) and (ii) of the Act. The request must be made by the title IV-E agency or other licensing authority requiring the check directly to the other title IV-E agency where the adult had lived, and the title IV-E agency that maintains the child abuse and neglect registry must respond directly to the requesting title IV-E agency or other licensing authority rather than to the prospective parent or other adult living in the household. The title IV-E agency may establish procedures for releasing registry information, including requiring an affidavit, notarized release, or other form of consent from the adult to release such information, and may charge fees for access to the information. As long as the title IV-E agency that maintains the registry enables another title IV-E agency to request and check information in the registry, the title IV-E agency is meeting the requirement in section 471(a)(20)(C)(ii) of the Act. Any fees paid by the requesting title IV-E agency to obtain access to information in a child abuse and neglect registry maintained by another title IV-E agency pursuant to section 471(a)(20)(C)(i) of the Act may be reimbursed as direct title IV-E administrative costs.
A title IV-E agency that believes that another title IV-E agency that maintains a registry is not responding appropriately to an information request should contact its ACF Regional Office. ACF may conduct a partial review pursuant to 45 CFR 1355.32(d) to determine the title IV-E agency 's compliance with the title IV-E plan.
For incoming requests under section 471(a)(20)(C)(ii) of the Act, the title IV-E agency has the discretion to determine what information to release to a requesting title IV-E agency on the prospective foster or adoptive parent or any adult living in the home of such prospective parent, unless or until regulations are issued on this provision. We encourage title IV-E agencies to be as forthcoming as possible to permit requesting title IV-E agencies to make appropriate decisions about approval or licensure of prospective foster or adoptive parents.
Source/Date
13-Apr-07; revised 9/30/26
Legal and Related References
Social Security Act - section 471(a)(20)(C); Public Law 109-248 § section 152(c); 45 CFR 1355.32(d)
Answer
Yes. Section 471(a)(20)(C)(i) of the Act requires a State to request a check of information in another State's child abuse and neglect registry in which a prospective foster parent, adoptive parent, or adult in the home has resided in the preceding five years. A State seeking to approve or license prospective foster or adoptive parents must request the information on all adults in the prospective foster/adoptive home, even if the other State that maintains a child abuse and neglect registry has an ACF-approved delayed effective date.
Source/Date
13-Apr-07
Legal and Related References
Social Security Act - section 471(a)(20)(C)(i)
Answer
If a State itself does not maintain a child abuse and neglect registry, the State is not required by section 471(a)(20)(C)(i) of the Act to provide information to a requesting State or check further for child abuse and neglect information within the State on the prospective adoptive parent, foster parent or other adults living in the home.
Source/Date
13-Apr-07
Legal and Related References
Social Security Act - section 471(a)(20)(C)(i)
Answer
The State may not approve or license a prospective foster or adoptive home pursuant to section 471(a)(20)(C)(i) of the Act without the results of a State-maintained child abuse and neglect registry check of another State where the prospective parents or other adults in the home have lived in the past five years, unless the results are not provided because the other State has an ACF-approved delayed effective date. A State that believes that another State that maintains a registry is not responding appropriately to an information request for a reason other than an ACF-approved delayed effective date should contact their ACF regional office. ACF may conduct a partial review pursuant to 45 CFR 1355.32(d) to determine the State's compliance with the title IV-E State plan.
Source/Date
13-Apr-07
Legal and Related References
Social Security Act - section 471(a)(20)(C)(i) and (ii); 45 CFR 1355.32(d)
Answer
The statute does not prescribe how a State with an ACF-approved delayed effective date should respond when denying a request for child abuse and neglect registry information from another State. The State is not out of compliance with the statute if it is unable to provide the information in its registry to another State on the adults living in the home of a prospective foster and adoptive parent before the ACF-approved effective date on which it is required to comply.
Source/Date
13-Apr-07
Legal and Related References
Social Security Act - section 471(a)(20)(C)
Answer
No. The requirement in section 471(a)(20)(C)(i) of the Act to request a check for child abuse and neglect registry information in another State in which the prospective parent or other adult has resided in the preceding five years is inapplicable if that other State does not maintain a child abuse and neglect registry.
Source/Date
13-Apr-07
Legal and Related References
Social Security Act - section 471(a)(20)(C)(i)
Answer
Yes. The statute does not prohibit a State from establishing procedures or charging fees for another State to access information from its State-maintained child abuse and neglect registry. As long as the State that maintains the registry enables another State to request and check information in that registry, the State is meeting the requirement in section 471(a)(20)(C)(ii) of the Social Security Act. Any fees paid by the requesting State to another State to gain access to information in a State-maintained child abuse and neglect registry pursuant to section 471(a)(20)(C)(i) of the Act may be reimbursed as direct title IV-E administrative costs.
Source/Date
13-Apr-07
Legal and Related References
Social Security Act - section 471(a)(20)(C)
Answer
No. The requirement at section 471(a)(20) of the Act is applicable to the State's title IV-E plan, with some additional conditions for claiming title IV-E payments and therefore does not extend to Indian tribal licenses or approvals if the child will not receive title IV-E foster care maintenance or adoption assistance payments.
Source/Date
13-Apr-07
Legal and Related References
Social Security Act - sections 471(a)(20)
Answer
No, there are no exceptions to the requirements at section 471(a)(20)(A)(i) and (ii) of the Act, once the provision is effective in the State. The State, or an Indian tribe under a title IV-E agreement (pursuant to section 472(a)(2)(B)(ii) of the Act) has the discretion to place the child in a home where prospective parents have been convicted of such crimes. However, the State or Tribe may not claim title IV-E foster care maintenance or adoption assistance payments in such cases.
Source/Date
13-Apr-07
Legal and Related References
Social Security Act - sections 471(a)(20)(A) and 472(a)(2)(B)(ii)
Answer
No. An Indian tribe with a section 472(a)(2)(B)(ii) agreement must meet the requirements of section 471(a)(20) of the Act for any prospective foster or adoptive parent who will provide care for a child who will receive title IV-E foster care maintenance payments or title IV-E adoption assistance payments.
Source/Date
13-Apr-07
Legal and Related References
Social Security Act § sections 471(a)(20)(A) and 472(a)(2)(B)(ii)
Answer
No to both questions. The references to a "State"-maintained child abuse and neglect registry in section 471(a)(20)(C)(i) and (ii) of the Act do not include an Indian tribe, as an Indian tribe is not considered a "State" for title IV-E pursuant to 45 CFR 1355.20.
Source/Date
13-Apr-07
Legal and Related References
Social Security Act - section 471(a)(20)(C)
Answer
No. The State cannot comply with the statute if it is unable to obtain legible fingerprint impressions. Section 471(a)(20)(A) of the Act requires States to have procedures for conducting fingerprint-based checks of national crime information databases (NCID) for certain prospective foster and adoptive parents. A fingerprint of the prospective foster/adoptive parent may be taken through whatever means the State chooses, such as the conventional ink method or a "live scan" fingerprint, which is a computer digitized method.
Source/Date
4/24/2007
Legal and Related References
Social Security Act § section 471(a)(20)(A)
Answer
The State has the discretion to determine whether it has a "child abuse and neglect registry maintained by the State." The law does not require a State that does not maintain a child abuse and neglect registry to develop one, neither does it require a State that currently has a registry to maintain it in perpetuity. States that do not maintain a child abuse and neglect registry are not required by section 471(a)(20)(C)(ii) of the Act to provide child abuse and neglect information to a requesting State on adult members of a prospective foster or adoptive parent's home.
Source/Date
4/27/2007
Legal and Related References
Social Security Act § section 471(a)(20)(C)
Answer
The State has the discretion to determine what information to release to a requesting State on the prospective foster or adoptive parent or any adult living in the home of such prospective parent, unless or until we issue regulations on this provision. We encourage States to be as forthcoming as possible to permit States to make appropriate decisions about approval or licensure of prospective foster or adoptive parents.
Source/Date
4/27/2007
Legal and Related References
Social Security Act § section 471(a)(20)(C)(ii)
Answer
Section 471(a)(20)(A) of the Act requires States to have procedures for conducting fingerprint-based checks of the national crime information databases (NCID) for certain prospective foster and adoptive parents (see CWPM 8.4F Q/A #9). Those procedures must provide for the State to obtain fingerprints of all such prospective parents and submit them to the NCID. We are aware that in some limited, case-specific circumstances, a State may not be able to: 1) obtain an individual's fingerprints as a result of the individual's disability; or, 2) obtain legible fingerprints due to low quality fingerprints, as a result of age, occupation or otherwise, thereby making it impossible for the NCID to provide results. Establishing such procedures under the below circumstances satisfies section 471(a)(20)(A) of the Act: Inability to obtain fingerprints due to a physical disability. The State must comply with section 471(a)(20)(A) of the Act by developing and utilizing a procedure to conduct a name-based check of the NCID or it may develop and utilize another appropriately comprehensive criminal background check process. We expect the State to reserve and clearly state in writing that this alternative procedure is for limited and case-specific situations, such as when a fingerprint specialist has documented that the prospective parent's disabling condition prevents fingerprinting, or the individual does not have fingers. Inability to obtain results due to low quality fingerprints. The State must comply with section 471(a)(20)(A) of the Act by obtaining and submitting the individual's fingerprints to the NCID. If the individual's fingerprint impressions are rejected by the NCID, the State may instead implement an alternate procedure to conduct a name-based check of the NCID or to use another appropriately comprehensive criminal background check process. We expect the State to reserve and clearly state in writing that this alternate procedure is used only in the limited and case-specific situation described above. It is not acceptable for the State to utilize an alternative background check process when fingerprints impressions are of low quality due to the State's lack of technological capacity or use of improper techniques. The Criminal Justice Information Services (CJIS) Division of the Department of Justice and the State's CJIS Systems Officer can assist the State in determining appropriate techniques and technologies to use to take legible fingerprints, including procedures for individuals with abnormalities of the fingers or hands.
Source/Date
7/2/2007
Legal and Related References
Social Security Act § section 471(a)(20)(A)
Answer
Yes to both questions. The statute provides "that the State shall?check any child abuse and neglect registry...and request any other State in which" the prospective parent or other adults in the home have resided the past five years (see section 471(a)(20)(C) of the Act). Further, the State that maintains such a registry must comply with an incoming request received from another State title IV-E agency or licensing authority (section 471(a)(20)(C)(ii) of the Act). For purposes of this State plan requirement, the request must be made by the State title IV-E agency or other licensing authority requiring the check directly to the other State where the adult had lived, and the State that maintains the child abuse and neglect registry must respond to the State title IV-E agency or other licensing authority rather than to the prospective parent or other adult living in the household. It is permissible, however, for the State that maintains the registry to have a procedure which requires the State title IV-E agency or other licensing authority submitting the request to obtain an affidavit or other form of consent from the adult to release such information.
Source/Date
12/6/2007
Legal and Related References
Social Security Act - section 471(a)(20)(C)
Answer
Yes. In order for the title IV-E agency to claim title IV-E adoption assistance payments in an independent or private adoption for an otherwise eligible child, the background checks specified in section 471(a)(20)(A) of the Act must be conducted. Furthermore, the checks must reveal that the prospective adoptive parent has not been convicted of one of the prohibited felonies consistent with section 471(a)(20)(A)(i) and (ii) of the Act.
Source/Date
12/6/2007; revised 9/30/26
Legal and Related References
Social Security Act - section 471(a)(20)(A); Child Welfare Policy Manual Section 8.4F Q/A #9 and 10
Answer
No, the criminal background checks pursuant to section 471(a)(20)(A) of the Act are only applicable in circumstances in which the child who is the subject of an international, private or independent adoption will receive title IV-E adoption assistance. This is because section 471(a)(20)(A) of the Act generally applies to prospective parents whom the State or its agents will license or approve to care for a participant in the State's title IV-B/IV-E program (see the Child Welfare Policy Manual Section 8.4F Q/A #9). In order for a State to claim title IV-E adoption assistance payments for an otherwise eligible child, the State must conduct a criminal background check that reveals that the prospective adoptive parent has not been convicted of one of the prohibited felonies consistent with section 471(a)(20)(A)(i) and (ii) of the Act. Therefore, if a child'subject to an international, private or independent adoption is otherwise eligible for title IV-E adoption assistance, the State can claim reimbursement under title IV-E only after the background checks specified in section 471(a)(20)(A) of the Act have been conducted and the results meet the conditions in section 471(a)(20)(A)(i) and (ii) of the Act.
Source/Date
4/25/2008
Legal and Related References
Social Security Act - section 471(a)(20)(A); Child Welfare Policy Manual section 8.4F Q/A #9
Answer
Consistent with section 471(a)(20)(A) and (D) of the Act, a title IV-E agency may claim title IV-E FCMPs only for the days that the results of the criminal record checks have been received as described in the Act.
For a child placed in a child care institution, a title IV-E agency may claim title IV-E FCMPs on behalf of an otherwise eligible child only for the days the results of the criminal record checks have been received for all of the adults working in the child care institution. The procedures under 471(a)(20)(D) of the Act do not govern when an employee may be hired to work in a child care institution or whether an employee may work in a child care institution at a certain point in time (e.g., before the results of the criminal record checks are received), instead they govern when a title IV-E agency may claim FCMPs.
For a child placed in a foster family home, title FCMPs may be paid on behalf of an otherwise eligible child placed only for the days that the foster parents' criminal records check have been completed and the records reveal that the parents did not commit any prohibited felonies described in section 471(a)(20)(A) (i) and (ii) of the Act, and the foster family home is licensed (see CWPM 8.4F, Q/A #8).
Source/Date
8/22/2019; 12/8/2022; revised 9/30/26
Legal and Related References
Social Security Act - section 471(a)(20)(A) and (D); CWPM §8.4F, Q/A #8
Answer
No. Congress specified an effective date for the criminal record check requirements in section 471(a)(20)(D) of the Act and possible delayed effective dates by which a title IV-E agency that required legislation must have implemented this provision. As such, a title IV-E agency may not claim title IV-E foster care maintenance payments for children placed in child care institutions while under a program improvement plan because it does not have its criminal record procedures developed and approved by its effective date or delayed effective date.
Source/Date
8/22/2019
Legal and Related References
Social Security Act - section 471(a)(20)(D)
Answer
No. The Act does not require that the title IV-E agency's alternative procedures for criminal record checks be fingerprint-based. See ACYF-CB-PI-18-07 for further information on alternative procedures.
Source/Date
8/22/2019
Legal and Related References
Social Security Act - section 471(a)(20)(D)
Answer
For each adult working in the child care institution, the agency may calculate the preceding five-year period for this requirement using its effective date for section 471(a)(20)(B) and (D), or through another method as approved in its title IV-E plan.
Source/Date
8/22/2019
Legal and Related References
Social Security Act - section 471(a)(20)(B) and (D)
Answer
Consistent with section 471(a)(20)(A) and (D) of the Social Security Act (the Act), a title IV-E agency only may claim title IV-E FCMPs on behalf of a child placed in a foster family home or child care institution for the days that the results of the criminal record checks have been received as described in the Act. Specifically, a title IV-E agency may only claim title IV-E FCMP on behalf of an otherwise eligible child placed in a child care institution for the days that the agency has received criminal records checks for all adults working in the child care institution (CWPM 8.4F, Q/A #34). Further, as specified in CWPM 8.4F, Q/A #8, title IV-E foster care maintenance payments may be paid on behalf of an otherwise eligible child placed in a foster family home only for the days that the foster parents' criminal records check have been completed, the records reveal that the parents did not commit any prohibited felonies in section 471(a)(20)(A) (i) and (ii) of the Act, and the foster family home is licensed.
Source/Date
12/8/2022
Legal and Related References
Social Security Act - section 471(a)(20)(A) and (D), CWPM §8.4F, Question and Answers #8 and #34