3.5.2 Barrier Crimes and Variances

AS 45.05 Criminal History; Registary

7 AAC 10.900-990 Barrier Crimes, Criminal History Checks, and Centralized Registry

42 U.S.C. 671(a) State Plan for Foster Care and Adoption Assistance

 

To ensure the health, safety, and welfare of children in the custody of Office of Children’s Services
placed in out-of-home care are adequately protected.

Federal Law:

1. Federal law requires background checks for prospective adoptive parents, guardians, and foster parents.

   1. The background checks include:

      1. criminal record checks; and

      2. child and abuse registry checks in each state where the prospective adoptive parents, guardians, or foster parents have lived in the preceding five years.

   2. The fingerprint-based, criminal background checks are required.

2. Federal law prohibits Title IV-E reimbursement for adoption or guardianship assistance or foster care costs for a child who is placed in an adoptive, guardian, or foster home where a prospective adoptive parent or guardian or a foster parent has committed any of the following crimes:

   1. A felony conviction at any time for:

      1. child abuse or neglect;

      2. spousal abuse;

      3. a crime against children (including child pornography); or

      4. a crime involving violence, including rape, sexual assault, or homicide, but not including other physical assault or battery.

   2. A felony conviction within the past five years, for physical assault, battery, or a drug-related offense.

3. A federal adoption/guardianship subsidy may not be approved for a child where the adoptive or guardian parent(s) have been convicted of any of the crimes listed above. Federal reimbursement for foster care cost cannot be claimed when a foster parent has been convicted of any of the above listed crimes.

State Law: 

1. State regulations require a fingerprint-based criminal background check of prospective adoptive parents, guardians, and foster care applicants and all other members of the household who are age 16 or older. This requirement does not apply to individuals age 16 or older who are recipients of services: for example, children in state custody placed in the home. The department may issue notification of a provisional valid criminal history check after screening the individual under 7 AAC 10.915(a) and reviewing the criminal justice information provided by the Department of Public Safety.

2. The Office of Children’s Services may deny placement of a child with an out-of-home
   caregiver if a review of the criminal record reveals that a household member age 16 or
   older has been charged with, convicted of, found not guilty by reason of insanity for, or
   adjudicated as a delinquent for, a barrier crime or a crime with similar elements in another
   jurisdiction.

3. The Commissioner of the Department of Health and Social Services may grant a variance for
   a barrier crime or condition for individuals pursuing foster care, adoption or guardianship,
   or to allow an individual to continue as an adoptive parent or guardian, if the individual
   demonstrates to the satisfaction of the Department that the health, safety and welfare of
   the children is adequately protected.