Ky.gov
Effective: 2/23/24

12.4 Background Checks for Foster and Adoptive Parents

Legal Authority

Introduction

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Practice Guidance

  • A completed copy of each DPP-157-Child Abuse or Neglect Check is maintained on behalf of each adolescent member of the household and any adult household member with a fingerprint exception.

Procedure

The R&C Worker:
  1. Ensures that the foster and adoptive home applicant(s) and each adult member of the applicant's household is enrolled in Kentucky Applicant Registry and Employment Screening (KARES) and submit to the following background checks prior to approval: 1 
    1. A criminal records check of the National Crime Information Database (NCID), including the Kentucky Justice and Public Safety Cabinet (Kentucky State Police/KSP), conducted by means of a fingerprint scan; 6 
    2. A sex offender registry address check through the KSP; 
    3. A child abuse or neglect check for each state of residence during the past five (5) years; and
    4. An in-state criminal records check, conducted pursuant to KRS 199.462(1) by the  Administrative Office of the Courts (AOC) or the Kentucky Justice and Public Safety Cabinet​
  2. Ensures that each adolescent member of the applicant's household submits to a child abuse and neglect check as outlined in SOP 12.4.1 Child Abuse/Neglect Central Registry and Fingerprint Checks; 
  3. Identifies the name of each applicant, adolescent member of the applicant's household, and adult member of the applicant's household who has been found by the Cabinet for Health and Family Services (CHFS/Cabinet) to have: 
    1. Committed sexual abuse or sexual exploitation of a child; 
    2. Been responsible for a child fatality or near fatality related to abuse or neglect; 
    3. Abused or neglected a child within the seven (7) year period immediately prior to the application for approval as a foster and adoptive home parent; or 
    4. Had parental rights terminated involuntarily; 
  4. Contacts the court of jurisdiction for a complete history of the offense or the applicant provides a court certified copy if a criminal records check of an applicant or adult member of the applicant’s household results in a report of a criminal conviction; 1 
  5. Does not recommend approval of an applicant if: 
    1. A criminal records check reveals that the applicant, or adult member of the applicant's household, has a: 
      1. Felony conviction involving: 
        1. Child abuse or neglect; 
        2. Spousal abuse; 
        3. A crime against a child(ren) (including child pornography); 
        4. A crime involving violence, including, but not limited to: rape, sexual assault, or homicide; or 
        5. Physical abuse, battery, or a drug or alcohol offense within the five (5) year period prior to the application; 
      2. Criminal conviction relating to child abuse or neglect; or 
      3. Civil judicial determination related to child abuse or neglect. 
    2. A sex offender registry address check reveals that the applicant, or adult member of the applicant's household, has a criminal conviction of a sexual offense; 
    3. A child abuse or neglect check reveals that the applicant, adolescent member of the applicant's household, or adult member of the applicant's household, has been found to have: 
      1. Committed sexual abuse or sexual exploitation of a child; 
      2. Been responsible for a child fatality or near fatality related to abuse or neglect; or 
      3. Had parental rights terminated involuntarily; 
  6. Considers the approval on a case-by-case basis with consideration given to the nature of the offense, length of time and life experiences since the offense of an applicant, if: 
    1. The applicant has been convicted of a nonviolent felony or misdemeanor; 
    2. The applicant has been found by the Cabinet or another child welfare agency to have abused or neglected a child, or the applicant's parental rights were terminated voluntarily; 
    3. An adolescent member of the applicant's household has been found by the Cabinet to have abused or neglected a child, or had parental rights terminated voluntarily; or 
    4. An adult member of the applicant's household has been convicted of a nonviolent felony or any misdemeanor, found by the Cabinet to have abused or neglected a child, other than as specified in Procedure #5, or had parental rights voluntarily terminated; 
  7. Requests that the applicant provide evidence of rehabilitation when a criminal records check reveals a conviction or fine on any charge other than a minor traffic offense on an applicant or adult member of the applicant’s household by submitting: 
    1. A statement from the appropriate justice agency attesting to the individual's rehabilitation; 
    2. A character reference from a person with good standing in the community (not a relative or close friend); or 
    3. A statement from an employer, who is aware of the conviction and who can attest to the person's behavior since the conviction; 
  8. Interviews all personal references, including character references, when the applicant or adult household member has been convicted of a crime; 2 
  9. Holds a staffing with the recruitment and certification (R&C) FSOS and regional staff designated by the SRA when the R&C worker finds a previous report of either child abuse or neglect or a criminal records check with a negative finding; 3 
  10. Obtains permission to proceed with the preparation process when an applicant or adult member of the applicant’s household has been convicted of a misdemeanor or a nonviolent felony; 
  11. Maintains a completed copy of KY KARES Final Results and the AOC by uploading the documents into TWIST on behalf of each foster and adoptive home parent applicant approved or not approved as a foster and adoptive home parent, and member of the applicant's household; 4 
  12. Maintains a completed copy of the DPP 157 Background Check Request for Foster or Adoptive Applicants and Adolescent or Adult Household Members for all dependent children between the ages of twelve (12) and seventeen (17).  
  13. Ensures that any new adult member of the household of an approved foster and adoptive home parent is enrolled in KARES and submits within thirty (30) calendar days of residence to: 
    1. A child abuse or neglect check for each state of residence during the past five (5) years; 
    2. A sex offender registry address check through the Kentucky State Police; 
    3. A NCID criminal records check conducted by means of a fingerprint scan; and
    4. An in-state criminal records check conducted pursuant to KRS 199.462(1) by AOC or the Kentucky Justice and Public Safety Cabinet.
  14. Ensures that any new adolescent member of the household of an approved foster, adoptive, relative or kinship care provider submits to a child abuse and neglect check within thirty (30) calendar days of residence within the household as outlined in SOP 12.4.1 Child Abuse/Neglect Central Registry and Fingerprint Checks.
The R&C FSOS:
  1. Submits the applicant's documentation to the service region administrator (SRA) or designee for final approval if the applicant had a prior substantiation of child abuse or neglect or a criminal records check with a negative finding.


Footnotes

  1. Respite care providers are required to complete the same background checks as foster and adoptive parent applicants. 
  2. If an FBI criminal records check reveals a charge in another state for which Kentucky has no equivalent or a charge with an unknown nature (i.e., violent, or nonviolent) or classification (i.e., felony or misdemeanor) the SSW/R&C worker may consult with the regional attorney to determine the nature and classification of the offense. 
  3. When at all possible, a personal interview is conducted for verbal and nonverbal cues to the response. When an in-person interview is not possible, a telephone interview may be conducted. 
  4. The staffing is utilized to determine if additional action or assessment is needed by either the applicant or the SSW/R&C worker, and to make recommendations as to whether the applicant will proceed with the pre-service family preparation training process. 
  5. All documentation is archived once the home is closed or disapproved. 
  6. If an individual is fingerprinted twice with failed attempts, a name-based check will be completed. Multiple failed attempts may occur with individuals who are elderly or work in professions where their fingerprints are diminished. In situations where household members of the applicant are bedridden, homebound, or medically unable to appear for fingerprints, the region will consult with the Out-of-Home Care (OOHC) Branch for an exception. The region will complete an Exception for Fingerprints Memo. The region will send the signed memo and DPP 157 to the Division of Administrative and Financial Management Records Management Section for all adult household members who are unable to fingerprint. The DPP 157 must be completed annually for any household member that has an exception.

Documents

Revisions

​2/16/2024 Addition:  A completed copy of each DPP-157-Child Abuse or Neglect Check is maintained on behalf of each adolescent member of the household and any adult household member with a fingerprint exception.

​If an individual is fingerprinted twice with failed attempts, a name-based check will be completed. Multiple failed attempts may occur with individuals who are elderly or work in professions where their fingerprints are diminished. In situations where household members of the applicant are bedridden, homebound, or medically unable to appear for fingerprints, the region will consult with the Out-of-Home Care (OOHC) Branch for an exception. The region will complete an Exception for Fingerprints Memo. The region will send the signed memo and DPP 157 to the Division of Administrative and Financial Management Records Management Section for all adult household members who are unable to fingerprint. The DPP 157 must be completed annually for any household member that has an exception.​​

3/15/23 Addition: Ensures that the foster and adoptive home applicant(s) and each adult member of the applicant's household is enrolled in KARES and submit to the following background checks prior to approval:

D.  An in-state criminal records check, conducted pursuant to KRS 199.462(1) by Administrative Office of the Courts (AOC) or the Kentucky Justice and Public Safety Cabinet.​​

11.  Maintains a completed copy of KY KARES Final Results and the AOC by uploading the documents into TWIST each criminal records check and DPP-157 Background Checks for Applicants or Foster-Adoptive Parents on behalf of each foster and adoptive home parent applicant approved or not approved as a foster and adoptive home parent, and member of the applicant's household; 

12.  Maintains a completed copy of the DPP 157 Background Check Request for Foster or Adoptive Applicants and Adolescent or Adult Household members for all dependent children between the ages of twelve (12) and seventeen (17).  ​

13.  Ensures that any new adult member of the household of an approved foster and adoptive home parent is enrolled in KARES and submits within thirty (30) calendar days of residence to: ​

D.  An in-state criminal records check, conducted pursuant to KRS 199.462(1) by AOC or the Kentucky Justice and Public Safety Cabinet.


3/15/23 Delete: 

  • If a sex offender registry address check reveals a criminal conviction of a sexual offense for a family during the yearly background check, records management staff will notify the recruitment and certification (R&C) FSOS responsible for the home of the results. If a child is placed in the foster and adoptive home at the time that a sexual offender registry check reveals a positive address check, the child is moved into another placement. The home will be closed to further intake until supporting documentation verifies otherwise.

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