Background Checks for Prospective Foster, Adoptive, and Kinship Caregivers - Northern Mariana Islands

Who Needs Records Checks

Citation: Comm. Code Tit. 1, § 2374(h); Tit. 8, § 1410; Admin. Code § 55-40.1-101

Certification is required for prospective foster parents in order to ensure a safe, healthy, and moral environment for the juvenile.

If ordered by the court, the Division of Youth Services or any other qualified person or agency designated by the court shall conduct an investigation of the prospective adoptive parent to ascertain whether the adoptive home is a suitable home for the minor and whether the proposed adoption is in the best interests of the minor. A criminal background check is not specified as part of the background check for a foster or adoptive parent.

In regulation: A background check is required for applicants, and their employees and volunteers, as part of the application to obtain a child care license to operate a daycare center, group child care home, family child care home, infant/toddler center, and before-and-after school programs.

Types of Records That Must Be Checked

Citation: Admin. Code §§ 55-40.1-101; 55-40.1-226

The department shall conduct employment history, background checks, and criminal history checks on all applicants. The criminal background check shall include the following:

• A fingerprint-based background check from any available Commonwealth government criminal database
• A fingerprint-based background check done on any available Federal database as recommended by the Federal Bureau of Investigation
• A criminal background check on the Commonwealth child abuse and neglect registry
• A criminal background check on the National Sex Offender Registry if the Commonwealth government has the capability of accessing it
• An annual Commonwealth police clearance

Process for Obtaining Records Checks

Citation: Admin. Code § 55-40.1-101

Applicants shall provide criminal history, background, employment information, and consent to conduct the required records checks.

Grounds for Disqualification

Citation: Admin. Code § 55-40.1-226

Applicants, employees, and volunteers shall be of reputable and responsible character and shall not have a criminal history record, employment history, or background that poses a risk to children in care.

Conviction of a crime involving violence, alcohol or drug abuse, sex offense, offense involving children, and any other conviction, the circumstances of which indicate that the applicant or employee may pose a danger to children, are grounds for denial or revocation of a license. The type of criminal offense, when it occurred, and evidence of rehabilitation may be considered in determining whether the criminal history record poses a risk to the health, safety, or well-being of children in care.

An employment history indicating violence, alcohol or drug abuse, and any other violation of employer rule or policy, the circumstances of which indicate that the applicant or employee may pose a danger to children, may be grounds for denial or revocation of a license or a reason to request termination of an employee.

Background information that shows that the individual has been identified as and substantiated to be the perpetrator of child abuse or neglect may be a basis for denial or revocation of a license or a reason to request termination of an employee.