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

Who Needs Records Checks

Citation: Rev. Stat. §§ 71-1903; 43-107; 71-1912; Admin. Code Tit. 474, § 6-005.16

Background checks are required for the following persons:

• A prospective foster parent and each member of the prospective foster parent's household who is age 18 or older
• Prospective adoptive parents
• Applicants for licensure under the Child Care Licensing Act, including members of the applicants' household and all staff and employees

A child care program includes employer-sponsored child care, family child care home, child care center, school-age child care program, school-age services, or preschool or nursery school.

In regulation: The background check requirements also apply to applicants, employees, and volunteers of group homes, child-caring agencies, and child-placing agencies.

Types of Records That Must Be Checked

Citation: Rev. Stat. §§ 71-1903; 43-107; Admin. Code Tit. 474, §§ 6-009.07B; 6-009.02; 6-009.06B

Before the foster care placement of any child in Nebraska by the State Department of Health and Human Services, the department shall require a national criminal history record information check of the prospective foster parent and each member of the prospective foster parent's household who is age 18 or older.

An adoption home study shall include a national criminal history record information check and a check of the central registry for any history of the petitioner or petitioners of behavior injurious to or which may endanger the health or morals of a child.

In regulation: Foster parent applicants and each household member age 13 and older must be checked with the following:

• The State central registry of child protection cases
• The adult protective services central registry
• The State patrol central registry of sex offenders
• The State patrol for a national criminal history check with the Identification Division of the Federal Bureau of Investigation

Child-placing agencies must check the background of all employees and volunteers who have contact with children before participation with the agency. The background check shall include checks of the following:

• The State central registry of child protection cases
• The adult protective services central registry
• The State patrol central registry of sex offenders

The child-placing agency shall complete background checks of prospective adoptive parents and all members of the household age 13 or older. The background checks shall include checks of the following:

• The State central registry of child protection cases
• The adult protective services central registry
• The State patrol central registry of sex offenders

Process for Obtaining Records Checks

Citation: Rev. Stat. § 71-1903

For the criminal background check, the department shall provide two sets of legible fingerprints from the persons to the State patrol for submission to the Federal Bureau of Investigation. The State patrol shall conduct a criminal history record information check of the persons and shall submit the fingerprints to the Federal Bureau of Investigation for a national criminal history record information check. The criminal history record information check shall include information from Federal repositories of such information and repositories of such information in other States if authorized by Federal law. The State patrol shall issue a report of the results of such criminal history record information check to the department.

Grounds for Disqualification

Citation: Admin. Code Tit. 474, §§ 6-009.02; 6-006.03; 6-008.02A

An agency shall not employ an individual who has been convicted of, admitted to, or if there is substantial evidence of crimes involving intentional bodily harm, crimes against children, or crimes involving moral turpitude if these circumstances have current bearing on the applicant's provision of care. Agency staff shall not engage in or have a history of behavior injurious to or which may endanger the health or morals of the children in care.

A child-placing agency shall not approve a person as a prospective foster or adoptive parent if that person has been convicted of, admitted to, or if there is substantial evidence of crimes involving intentional bodily harm, crimes against children, or crimes involving moral turpitude if these circumstances have current bearing on the applicant's provision of care. Agency staff shall not engage in or have a history of behavior injurious to or which may endanger the health or morals of the children in care.