C.F.R. » Title 45 » CHAPTER XIII—ADMINISTRATION FOR CHILDREN AND FAMILIES, DEPARTMENT OF HEALTH AND HUMAN SERVICES › SUBCHAPTER G—THE ADMINISTRATION ON CHILDREN, YOUTH AND FAMILIES, FOSTER CARE MAINTENANCE PAYMENTS, ADOPTION ASSISTANCE, AND CHILD AND FAMILY SERVICES › PART 1356—REQUIREMENTS APPLICABLE TO TITLE IV-E

45 C.F.R. § 1356.30

Safety requirements for foster care and adoptive home providers

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(a) The title IV-E agency must provide documentation that criminal records checks have been conducted with respect to prospective foster and adoptive parents.

(b) The title IV-E agency may not approve or license any prospective foster or adoptive parent, nor may the title IV-E agency claim FFP for any foster care maintenance or adoption assistance payment made on behalf of a child placed in a foster home operated under the auspices of a child placing agency or on behalf of a child placed in an adoptive home through a private adoption agency, if the title IV-E agency finds that, based on a criminal records check conducted in accordance with paragraph (a) of this section, a court of competent jurisdiction has determined that the prospective foster or adoptive parent has been convicted of a felony involving:

(1) Child abuse or neglect;

(2) Spousal abuse;

(3) A crime against a child or children (including child pornography); or,

(4) A crime involving violence, including rape, sexual assault, or homicide, but not including other physical assault or battery.

(c) The title IV-E agency may not approve or license any prospective foster or adoptive parent, nor may the title IV-E agency claim FFP for any foster care maintenance or adoption assistance payment made on behalf of a child placed in a foster home operated under the auspices of a child placing agency or on behalf of a child placed in an adoptive home through a private adoption agency, if the title IV-E agency finds, based on a criminal records check conducted in accordance with paragraph (a) of this section, that a court of competent jurisdiction has determined that the prospective foster or adoptive parent has, within the last five years, been convicted of a felony involving:

(1) Physical assault;

(2) Battery; or,

(3) A drug-related offense.

(d) [Reserved]

(e) In all cases where the State opted out of the criminal records check requirement, as permitted prior to the amendments made by section 152 of Public Law 109-248, the licensing file for that foster or adoptive family must contain documentation which verifies that safety considerations with respect to the caretaker(s) have been addressed.

(f) In order for a child care institution to be eligible for title IV-E funding, the licensing file for the institution must contain documentation which verifies that safety considerations with respect to the staff of the institution have been addressed.

[65 FR 4090, Jan. 25, 2000, as amended at 77 FR 949, Jan. 6, 2012]
Notes of Decisions
Cited in 2 cases, 2011–2019 · leading case: In re the Adoption of Abel, 33 Misc. 3d 710 (N.Y.C. Fam. Ct. 2011).
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In re the Adoption of Abel, 33 Misc. 3d 710 (N.Y.C. Fam. Ct. 2011). “27 [d] [1]; 42 USC § 671 [a] [20] [A] [i]; 45 CFR 1356.30 [b] [4].) 5 Because robbery is not specifically mentioned in this provision, the court, therefore, must decide whether Mr.”
Sykes v. New York State Off. of Child. & Fam. Servs. (S.D.N.Y. 2019). · cites it 5× “§ 671 (a)(20), in his opposition, he argues that section 378-a(2)(e)(1) is at odds with 45 C.F.R. § 1356.30 . The Court, therefore, understands Mr.”
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