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2.1J CAPTA, Assurances and Requirements, Criminal Background Checks
1. Are fingerprints required as part of the criminal background check requirement in section 106(b)(2)(A)(xxii) of CAPTA?
2. Does the requirement at section 106(b)(2)(A)(xxii) of the Child Abuse Prevention and Treatment Act (CAPTA) for criminal background checks for prospective foster and adoptive parents and other adults living in the household apply if no title IV-E foster care or adoption assistance payments are made?
1.
Question: Are fingerprints required as part of the criminal background check requirement in section 106(b)(2)(A)(xxii) of CAPTA?
Answer: No. The statute is silent with respect to this issue. Therefore, the State may choose whether or not to require fingerprints as part of its criminal background checks.
- Source/Date: 05/02/06
- Legal and Related References: Child Abuse Prevention and Treatment Act (CAPTA), as amended (42 U.S.C. 5101 et seq.) – section 106(b)(2)(A)(xxii)
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2.
Question: Does the requirement at section 106(b)(2)(A)(xxii) of the Child Abuse Prevention and Treatment Act (CAPTA) for criminal background checks for prospective foster and adoptive parents and other adults living in the household apply if no title IV-E foster care or adoption assistance payments are made? Show History
Answer: Yes. The CAPTA requirement applies to all prospective foster and adoptive parents licensed or approved under the State?s licensing authority, as well as other adults living in the home, regardless of the funding source for the child's placement.
- Source/Date: 01/29/07
- Legal and Related References: Child Abuse Prevention and Treatment Act (CAPTA), as amended (42 U.S.C. 5101 et seq.) – section 106(b)(2)(A)(xxii)
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