Mandatory for Completion of the Foster Home Certification

Foster parents are certified/approved when the following are completed:

• The home study
• The SCR clearance
• The criminal history record review process, including fingerprinting.

The home study process should be completed within 60 days from the date the completed application from the prospective foster parent is received.

State Central Register for Abuse and Neglect (SCR):  All applicants must complete the forms necessary to determine whether the applicant and any person 18 years of age or older who currently lives in the applicant’s house is the subject of an indicated child abuse or maltreatment report on file with the State Central Register of Child Abuse and Maltreatment (SCR) in New York State. If the applicant, or any other person 18 years of age or older who currently lives in the applicant’s home, lived in another state in the five years preceding the application, he/she must obtain such information maintained by the SCR in each state of previous residency.

Fingerprinting and Criminal History Record Check: As part of the required criminal history record check with the New York State Division of Criminal Justice Services (DCJS) and the Federal Bureau of Investigation (FBI), an agency must notify the prospective foster parents and each person over the age of 18 who is currently living in the home of how to have their fingerprints taken, and the agency must obtain the results of the criminal history record checks from OCFS before the foster parent is finally approved or certified for the placement of a foster child. At the time a foster parent applies for renewal of their approval or certification, the same process takes place for each person over the age of 18 who is currently living in the home who has not previously had a criminal history record check.

As part of the criminal history record check process, DCJS conducts a search of its database as does the FBI. The fingerprints are kept on file at DCJS and the certifying/approving agency is notified should there be an arrest or conviction reported in the future to DCJS. The fingerprints are not maintained by the FBI.

Who Cannot Foster a Child in New York?

You are not allowed to adopt or foster if you have a felony conviction for:

• Child abuse or neglect.
• Spousal abuse.
• A crime against a child, including child pornography.
• A violent crime, like rape, sexual assault, even attempted criminal possession of a weapon.
• A felony for drugs or physical assault within the past 5 years.

If you have been convicted of one of the felonies listed above, you can ask for a Certificate of Relief from Disabilities (CRD) to be allowed to adopt or foster a child. But, even if you get a CRD, the court or foster care agency may still not let you adopt or foster. Depending on the types of crimes listed in the criminal history, several actions could be taken:

• The application is rejected.
• The foster home is decertified; or approval of the kinship foster home is revoked.
• The foster child is removed from the foster home.

When a criminal history record of the foster parent or any other person over the age of 18 who lives in the home reveals a charge or conviction of any crime, the agency must perform a safety assessment of the conditions in the home. This includes

• whether the subject of the charge or conviction lives in the household;
• the extent to which the individual may have contact with the foster child or other children living in the household; and
• the status, date, and nature of the criminal charge or conviction.

The agency must take all appropriate steps to protect the health and safety of the child or children, including removal from the home or denial of the application. The agency must document the safety assessment and the steps and actions taken to protect the health and safety of the child.

State Exclusion List Clearance Requirements

The Protection of People with Special Needs Act, which took effect on June 30, 2013 created the Vulnerable Persons Central Register that, among other functions, maintains the Staff Exclusion List (SEL). The SEL contains the names of individuals, including employees, volunteers, interns, consultants or contractors, found responsible for serious or repeated acts of abuse and neglect in programs subject to the jurisdiction of the Justice Center.  The Act, requires agencies and entities to check the SEL when considering an applicant for employment, volunteering, licensure, certification or approval, including:

• Authorized agencies certifying or approving foster or adoptive parents,
• Authorized agencies approving respite homes
• Authorized agencies that operate adoption programs

The SEL database check is in addition to criminal history checks and State Central Registry Clearances required by Social Services law (SSL) for foster or adoptive parents regardless of whether or not a person is listed on the SEL.  If the person being checked is listed on the SEL, he or she may not be hired in a position involving regular and substantial contact with a vulnerable person (child or adult) in a facility or agency as defined in section 488(4) of the SSL. The mandatory bar for being listed on the SEL does not apply to foster parents, adoptive parents, respite homes or non-facility staff of local districts or adoption agencies. If the applicant is on the SEL list, the agency or entity can make a determination based on the information it has available whether to certify or approve the applicant, following the guidelines that OCFS has set forth for SCR clearances and must document the reason for the decision to certify or approve the applicant in a similar manner as to when an applicant is the subject of an indicated child abuse and maltreatment report.

The SEL check requirements are not retroactive and do not apply for persons hired persons certified, licensed or approved prior to June 30, 2013. A SEL database check is not required for the purpose of renewal of a foster parent’s certificate or approval where the foster parent had been certified or approved prior to June 30, 2013. Completion of the database check of prospective foster parents and other adults residing in the home of the applicant is a condition for full certification or approval of new foster homes. To learn more about SEL requirements, see NYS OCFS Administrative Directive 13-OCFS-ADM-09 or visit the NYS Justice Center Website.