4.5.4 Background Checks for Kinship Care Providers or Relative Caregivers

The SSW:

1. Ensures that the kinship care provider, relative, or fictive kin caregiver and each adult member of the household submit to the following background checks prior to approval: 
1. A criminal records check: 
1. An in-state criminal records check conducted pursuant to KRS 199.462(1) by the Administrative Office of the Courts (AOC) or Kentucky Justice and Public Safety Cabinet; or 
2. If the applicant or adult household member has resided out of state within the five (5) year period prior to the date of application, the household member or applicant is enrolled in Kentucky Applicant Registry and Employment Screening (KARES), and a criminal records check of the National Crime Information Database (NCID) conducted by means of a fingerprint scan as outlined in SOP 12.4.1 Child Abuse/Neglect Central Registry and Fingerprint Checks; and 1 
2. A child abuse and neglect check for each state of residence during the past five (5) years using the DPP-159 Background Checks for Caretaker Relatives, Fictive Kin​ (as outlined in SOP 12.4.1 Child Abuse/Neglect Central Registry and Fingerprint Checks); and 
3. A sex offender registry address check by submitting the DPP-159 Background Checks for Caretaker Relatives, Fictive Kin, or Kinship Caregivers to the Division of Administration and Financial Management (DAFM) Records Management Section;
   
2. Assures that each adolescent household member(s) submits to a child abuse and neglect check as outlined in SOP 12.4.1 Child Abuse/Neglect Central Registry and Fingerprint Checks; 
   
3. Assures that if an adult or adolescent becomes a new member of a relative or fictive kin caregiver’s household, the new adult/adolescent shall submit to background checks within thirty (30) calendars of residence within the household;
4. Maintains a completed copy of the DPP-159 Background Check Request for Relative and Fictive Kin Caregivers or Adolescent and Adult Household Members by uploading the form into TWIST, if an out-of-state check is completed;
   
5. Maintains a complete copy of KY KARES Final Results by uploading the form into TWIST on behalf of each adult relative/fictive kin applicants within the household. If an out-of-state check is completed; 
   
6. Does not recommend approval 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. Crime involving violence, including, but not limited to: rape, sexual assault, or homicide; or 
5. Physical abuse, battery, or a drug or alcohol within the five (5) year period prior to the application; or 
2. Criminal conviction relating to child abuse or neglect; 
3. Civil judicial determination related to child abuse or neglect; or 
2. 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; or if 
3. A sex offender registry address check and supporting documentation confirm that a sex offender resides at the applicant's home address; 
7. 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 for Health and Family Services (CHFS/Cabinet) or another child welfare agency to have abused or neglected a child, or the applicant's parental rights were voluntarily terminated; 
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 voluntarily terminated; 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 or had parental rights voluntarily terminated; 
8. 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; 
9. Consults with the regional attorney, if appropriate, to determine the nature and classification of an offense if a criminal records check reveals a charge in another state for which Kentucky has no equivalent or a charge with an unknown natur, (i.e., violent or non-violent) or classification, (i.e., felony or misdemeanor); 
10. Requests that the applicant provide evidence of rehabilitation by submitting the following documentation 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: 
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; 
11. Interviews all character references when the applicant or adult household member has been convicted of a crime; 
12. Conducts a personal interview for verbal and nonverbal cues to the reference’s response regarding the criminal conviction when possible; 
13. Conducts a phone interview with the reference when an in-person interview is not possible; 
14. Holds a staffing with the FSOS and regional staff designated by the service region administrator (SRA) when the SSW finds a previous report of either child abuse or neglect or a criminal records check with a negative finding; 2 
    
15. Obtains permission to proceed with the evaluation process when an applicant or adult member of the applicant’s household has been convicted of a misdemeanor or nonviolent felony.

The FSOS:

1. Submits the applicant's documentation to the SRA, or designee, for final approval if the applicant had a prior substantiation of child abuse or neglect.

The SRA or designee:

1. Approves or denies the completed evaluation for an applicant's household with a misdemeanor or nonviolent felony conviction.