CRIMINAL RECORDS CHECKS

Regulation Authority:

42-35: 42-72-5

Purpose and Reason:

This rule has been amended in compliance with State Plan requirements under Title IV-E of the Social Security Act as amended by Federal law. This revised rule includes provisions of Public Law (P.L.) 109-248, Adam Walsh Child Protection and Safety Act of 2006 which requires nationwide criminal records check, including fingerprinting, for prospective foster and adoptive parents. The previous version of this policy, refiled 1/5/07, is superseded by this amended version. As a result of comments received, the final rule includes the following changes that were not part of the proposed rule: the Department added a definition for “visiting resources"; referenced Public Law 110-351, which requires the Department to complete criminal records checks including fingerprint-based checks of national crime information databases on kinship guardians; replaced the term “guardianship resource” with “legal guardian” or “guardian” to clarify that we are referencing a “guardian of the person of the child”, in accordance with RIGL 40-11-12, which provides that the Family Court can appoint such a guardian when a child has been placed in the care, custody and control of DCYF; added language to ensure consistency with related DCYF rules and to clarify that criminal history of any offense will be reviewed and based upon such review, an applicant with a conviction of an offense that is not automatically disqualifying may be denied licensure if it is determined that the conduct of the applicant impacts upon the fitness and suitability of the applicant to provide child care and included reference to a divisional administrative review by the DCYF Licensing Administrator of disqualifying Level 2 criminal offenses, pursuant to the Department’s Complaints and Hearings rule, for a child specific kinship caregiver when the Department is seeking to place a child with kin.