Section 29-6008. CRIMINAL RECORDS CHECK  


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    6008.1As part of the home study process, an agency shall ensure that each applicant and any other person eighteen (18) years of age or older residing in the home comply with the requirements for a criminal records check established by the Adoption and Safe Families Amendment Act of 2000, effective June 27, 2000, D.C. Law 13-136.

     

    6008.2The following individuals shall apply for a criminal records check as part of the home study process:

     

    (a)An applicant; and

     

    (b)Any other person eighteen (18) years of age or older residing in a prospective foster home.

     

    6008.3Nothing in this section shall be read to preclude an agency other than CFSA from paying for all or part of the cost of the criminal records check.

     

    6008.4Except as provided in § 6008.5, CFSA may not license an individual as a foster parent if that individual or any person eighteen (18) years of age or older residing in the prospective foster home:

     

    (a)Has a felony conviction for any of the following offenses or their equivalents:

     

    (1)Child abuse;

     

    (2)Child neglect;

     

    (3)Spousal abuse;

     

    (4)A crime against children, including child pornography; or

     

    (5)A crime involving violence, including but not limited to, rape, sexual assault, homicide, assault, or battery; or

     

    (b)Has a felony conviction for any of the following offenses or their equivalents committed within the past five (5) years:

     

    (1)Fraud; or

     

    (2)A drug-related offense.

     

    6008.5Notwithstanding a conviction as set forth in § 6008.4, CFSA may license an individual as a foster parent if it determines, after the individual's satisfactory completion of all other requirements of this chapter of the DCMR and a review of the conviction and current circumstances, that the individual would be able to provide care for foster children consistent with this chapter of the DCMR and the health, safety, and welfare of the children.

     

    6008.6A criminal records check shall be performed once every two (2) years as part of the re-evaluation and license renewal.

     

source

Final Rulemaking published at 48 DCR 6617 (July 27, 2001); as amended by Final Rulemaking published at 51 DCR 8609 (September 3, 2004).