Background Checks for Prospective Foster, Adoptive, and Kinship Caregivers - Kansas

Who Needs Records Checks

Citation: Ann. Stat. §§ 65-503; 38-2272; 59-2132; Admin. Regs. § 28-4-805

The following persons or entities are subject to background checks:

• A child care facility, including the following:
  • A foster care home
  • A children's home, orphanage, maternity home, or daycare facility
  • A child-placing agency or child care resource and referral agency, or a facility maintained by such an agency, for the purpose of caring for children under age 16
  • Any receiving or detention home for children under age 16 provided or maintained by, or receiving aid from, any city, county, or the State
• A potential permanent custodian, including a relative of the child or a person with whom the child has close emotional ties
• A prospective adoptive parent

In regulation: For a foster home, the background check also must include the following persons:

• Each individual age 10 and older who resides, works, or regularly volunteers in the family foster home, excluding children placed in foster care
• Each caregiver age 14 and older
• Each resident of a home in which informal visitation occurs who is at least age 10

Types of Records That Must Be Checked

Citation: Admin. Regs. § 28-4-805

For all applicants for licensure, the investigation shall include the following:

• A background check by the Kansas Bureau of Investigation
• A background check by the Kansas Department of Social and Rehabilitation Services

In addition, each individual submitting an initial application for a family foster home license shall obtain the following:

• For each individual age 18 and older residing in the home, a child abuse and neglect background check from each previous State of residence throughout the 5-year period before the date of application
• For each applicant or licensee, a fingerprint-based background check from the National Crime Identification Databases (NCID)

Process for Obtaining Records Checks

Citation: Ann. Stat. §§ 65-516; 59-2132; Admin. Regs. § 28-4-805

The secretary of the Department of Health and Environment is authorized to conduct national criminal history records checks to determine criminal history on persons residing, working, or regularly volunteering in a child care facility. In order to conduct a national criminal history check, the secretary shall require fingerprinting for identification and determination of criminal history. The secretary shall submit the fingerprints to the Kansas Bureau of Investigation and to the Federal Bureau of Investigation and receive a reply to enable the secretary to verify the identity of such person and whether such person has been convicted of any crime that would prohibit such person from residing, working, or regularly volunteering in a child care facility. The secretary is authorized to use information obtained from the national criminal history records check to determine such person's fitness to reside, work, or regularly volunteer in a child care facility.

An adoption investigation report must include the results of a child abuse registry check and a criminal registry check that determines whether the prospective adoptive parent has any prior felony convictions.

In regulation: Each licensee or applicant for licensure shall submit a request to conduct a background checks by the Kansas Bureau of Investigation and the Kansas Department of Social and Rehabilitation Services in order to comply with the provisions of § 65-516. Each request shall be submitted to the department on a form provided by the department.

Background checks shall be obtained following the procedures of the department. All fees associated with obtaining child abuse and neglect background checks from other States and NCID checks shall be the responsibility of the applicant or the licensee.

Grounds for Disqualification

Citation: Ann. Stat. §§ 65-516; 59-2132

No licensed child care facility, including a foster home, may have on the premises a person who has:

• Been convicted of a crime against persons, including murder, manslaughter, assault, battery, or kidnapping
• Been convicted of any provision of the uniform controlled substances act
• Been convicted of any act described in chapter 21, article 35 (sex offenses, including rape, sexual battery, or sexual exploitation of a child)
• Been convicted of any act described in chapter 21, article 36 (crimes affecting family relationships and children, including incest, abuse, abandonment, or endangerment of a child)
• Been convicted of an attempt to commit any such act
• Been convicted of promoting obscenity or promoting obscenity to minors
• Been adjudicated a juvenile offender for any of the above acts
• Been convicted or adjudicated of a crime that requires registration as a sex offender under the Kansas offender registration act, as a sex offender in any other State, or as a sex offender on the national sex offender registry
• Committed an act of physical, mental, or emotional abuse, neglect, or sexual abuse and who is listed in the child abuse and neglect registry maintained by the Department of Social and Rehabilitation Services or any similar child abuse and neglect registries maintained by any other State
• Had a child removed from home in this or any other State based on a finding of abuse or neglect or sexual abuse, and the child has not been returned home
• Had parental rights terminated

In making the adoption assessment, the social worker, child-placing agency, or the department shall determine whether the petitioner has been convicted of a felony for any act described in chapter 21, articles 34 (crimes against persons, such as murder, manslaughter, assault, battery, or kidnapping), 35 (sex offenses, such as rape, sexual battery, or sexual exploitation of a child), or 36 (crimes affecting family relationships or children, such as incest, abuse, abandonment, or endangerment of a child) or, within the past 5 years has been convicted of a felony violation of §§ 21-36a01 through 21-36a17, relating to controlled substances and, when appropriate, any similar conviction in another jurisdiction.