210.487. Background checks for foster families, requirements--costs, paid by whom--rulemaking authority.
Background checks for foster families, requirements--costs, paid bywhom--rulemaking authority.
210.487. 1. When conducting investigations of persons for thepurpose of foster parent licensing, the division shall:
(1) Conduct a search for all persons over the age of seventeen in theapplicant's household and for any child less than seventeen years of ageresiding in the applicant's home who the division has determined has beencertified as an adult for the commission of a crime for evidence of fullorders of protection. The office of state courts administrator shall allowaccess to the automated court information system by the division. Theclerk of each court contacted by the division shall provide the divisioninformation within ten days of a request; and
(2) Obtain two sets of fingerprints for any person over the age ofseventeen in the applicant's household and for any child less thanseventeen years of age residing in the applicant's home who the divisionhas determined has been certified as an adult for the commission of a crimein the same manner set forth in subsection 2 of section 210.482. One setof fingerprints shall be used by the highway patrol to search the criminalhistory repository and the second set shall be forwarded to the FederalBureau of Investigation for searching the federal criminal history files.The highway patrol shall assist the division and provide the criminalfingerprint background information, upon request; and
(3) Determine whether any person over the age of seventeen residingin the home and any child less than seventeen years of age residing in theapplicant's home who the division has determined has been certified as anadult for the commission of a crime is listed on the child abuse andneglect registry.For any children less than seventeen years of age residing in theapplicant's home, the children's division shall inquire of the applicantwhether any children less than seventeen years of age residing in the homehave ever been certified as an adult and been convicted of or pled guiltyor nolo contendere to any crime.
2. After the initial investigation is completed under subsection 1 ofthis section, the children's division and the department of health andsenior services may waive the requirement for a fingerprint backgroundcheck for any subsequent recertification.
3. Subject to appropriation, the total cost of fingerprintingrequired by this section may be paid by the state, including reimbursementof persons incurring fingerprinting costs under this section.
4. The division may make arrangements with other executive branchagencies to obtain any investigative background information.
5. The division may promulgate rules that are necessary to implementthe provisions of this section. Any rule or portion of a rule, as thatterm is defined in section 536.010, RSMo, that is created under theauthority delegated in this section shall become effective only if itcomplies with and is subject to all of the provisions of chapter 536, RSMo,and, if applicable, section 536.028, RSMo. This section and chapter 536,RSMo, are nonseverable and if any of the powers vested with the generalassembly pursuant to chapter 536, RSMo, to review, to delay the effectivedate, or to disapprove and annul a rule are subsequently heldunconstitutional, then the grant of rulemaking authority and any ruleproposed or adopted after August 28, 2004, shall be invalid and void.
(L. 2004 H.B. 1453 merged with S.B. 762, A.L. 2007 S.B. 84)