LD 2010
pg. 2
Page 1 of 2 An Act to Amend the Laws Governing Background Checks on Prospective Adoptive Pa... LD 2010 Title Page
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LR 2927
Item 1

 
and shall forward the fingerprints to the State Bureau of
Identification so that the bureau can conduct state and
national criminal history record checks. Except for the
portion of the payment, if any, that constitutes the
processing fee charged by the Federal Bureau of
Investigation, all money received by the State Police for
purposes of this paragraph must be paid over to the
Treasurer of State. The money must be applied to the
expenses of administration incurred by the Department of
Public Safety.

 
(iv) The subject of a Federal Bureau of Investigation
criminal history record check may obtain a copy of the
criminal history record check by following the
procedures outlined in 28 Code of Federal Regulations,
Sections 16.32 and 16.33. The subject of a state
criminal history record check may inspect and review
the criminal history record information pursuant to
Title 16, section 620.

 
(v) State and federal criminal history record
information may be used by the court for the purpose of
screening prospective adoptive parents in determining
whether the adoption is in the best interests of the
child.

 
(vi) Information obtained pursuant to this paragraph
is confidential. The results of background checks
received by the court are for official use only and may
not be disseminated outside the court except as
required under Title 22, section 4011-A.

 
(vii) The expense of obtaining the information
required by this paragraph is incorporated in the
adoption filing fee established in section 9-301. The
Probate Court shall collect the total fee and transfer
the appropriate funds to the Department of Public
Safety and the department.

 
The court may waiver fingerprinting and background checks of a
prospective parent who is not the biological parent of the child
if, within the past 2 years, the fingerprinting and background
checks were completed by a licensed child-placing agency in
conjunction with an adoption home study.

 
This subsection does not authorize the court to request a
background check for the biological parent who is also the
current legal parent of the child.

 
SUMMARY

 
This bill amends the laws governing background checks on
prospective adoptive parents to accept as meeting the requirement
a background check completed in the prior 2 years by a licensed
child-placing agency and to require that the background check
occur prior to placement of the child with the family.


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