D.C. Mun. Regs. tit. 29, r. 29-6008

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 29-6008 - CRIMINAL RECORDS CHECK

6008.1

As part of the home study process, an agency shall ensure that each individual identified in §§6008.3 has a criminal records check in accordance with District and federal laws and regulations.

6008.2

The criminal records check shall consist of a search to determine whether an individual has a criminal conviction.

6008.3

The criminal records check shall be performed by

(a) The Federal Bureau of Investigation, for national records;

(b) The Metropolitan Police Department, if the individual as an adult has resided, worked, or attended school in the District at any time in the past five (5) years; and

(c) Each relevant state's law enforcement agency, if the individual as an adult has resided, worked, or attended school outside of the District at any time in the past five (5) years.

6008.4

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

(a) An applicant;

(b) Any other adult residing in a prospective foster home;

(c) Back-up caregiver;

(d) Any other adult residing in the home of the back-up caregiver;

(e) Extended caregiver;

(f) Any other adult residing in the home of the extended caregiver; and

(g) Any adult who is a frequent visitor of the foster home.

6008.5

Nothing 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.

6008.6

Except as provided in §§ 6008.6, CFSA may not license an individual as a resource parent if any adult 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) An intrafamily offense, as defined in Section 16-1001(8) of the District of Columbia Official Code;

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

(5) A crime involving violence, including but not limited to, rape, sexual assault, homicide, but not including other physical 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) Physical assault;

(2) Battery; or

(3) A drug-related offense.

6008.7

Notwithstanding a conviction as set forth in §§6008.5, CFSA may license an individual as a resource parent if it determines, after the individual's satisfactory completion of all other requirements of this chapter 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 and the health, safety, and welfare of the foster children.

6008.8

A criminal records check shall be performed once every two (2) years as part of the re-evaluation and license renewal pursuant to §§6030.

6008.9

If a criminal records check reveals that a back-up caregiver or an adult residing in the home of the back-up caregiver has a felony criminal conviction, CFSA shall review the results and determine whether the back-up caregiver is able to provide for the health, safety, and welfare of the foster child.

6008.10

If a criminal records check reveals that an extended caregiver or an adult residing in the home of the extended caregiver has a felony criminal conviction, CFSA shall review the results and determine whether the extended caregiver is able to provide for the health, safety, and welfare of the foster child.

6008.11

An applicant or resource parent may not be on probation or parole.

6008.12

If an adult living in the home of the applicant or a resource parent, back-up caregiver, adult living in the home of a back-up caregiver, extended caregiver, or an adult residing in the home of an extended caregiver is on probation or parole, CFSA shall make an assessment as to whether the individual poses a health, safety, or welfare risk to a foster child.

D.C. Mun. Regs. tit. 29, r. 29-6008

Final Rulemaking published at 48 DCR 6617 (July 27, 2001); as amended by Final Rulemaking published at 51 DCR 8609 (September 3, 2004); amended by Final Rulemaking published at 71 DCR 2859 (3/15/2024)