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8-827 Background checks of adults residing in potential emergency placement homes; disqualifying criminal offenses

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A. If a child is removed from the custody of the child’s parent, guardian or custodian and an emergency placement is offered by an authorized tribe, an authorized tribe may request, in accordance with the procedures prescribed in 28 Code of Federal Regulations sections 901.1 through 901.4, that each person who is at least eighteen years of age and who is residing in a home where the potential emergency placement is to be made consent to both of the following:

1. A preliminary state and federal name-based background check.

2. Within fifteen days after the date the name-based background check is conducted, the submission of a full set of the person’s fingerprints to an authorized tribe for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation.

B. An adult who consents to name-based and fingerprint background checks pursuant to subsection A of this section shall submit to an authorized tribe a full set of fingerprints and written permission authorizing the authorized tribe to submit the fingerprints to the department of public safety for the processing of the state and federal criminal records check. The department of public safety shall provide the results of the name-based and fingerprint background checks to the authorized tribe that submitted the request.

C. If a name-based background check demonstrates that none of the adults residing in the home where the emergency placement is to be made has been convicted of a disqualifying criminal offense, the authorized tribe may place the child in the home pending the outcome of the fingerprint background check.

D. If an adult refuses to consent to a request by an authorized tribe for name-based and fingerprint background checks, the authorized tribe may not place the child in a home in which the adult resides or, if the child was already placed in the home, the authorized tribe shall immediately remove the child from the home.

E. If an authorized tribe requests name-based and fingerprint background checks pursuant to this section, the authorized tribe may not make an emergency placement or continue an emergency placement in a home in which an adult resident has been convicted of a disqualifying criminal offense.

F. If an emergency placement is denied as a result of a name-based background check of an adult resident and the adult resident contests the denial, the adult resident, within fifteen calendar days after the denial, may submit to the authorized tribe a complete set of fingerprints for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544.

G. For the purposes of this section:

1. “Authorized tribe” means the tribal child safety unit, or its designee, that is responsible for overseeing foster care licensing for an Indian tribe located in this state and that has a valid tribal fingerprint program user agreement with the department of public safety.

2. “Disqualifying criminal offense” means an offense listed in section 41-1758.07, subsection B or C.

3. “Emergency placement” means an instance in which an authorized tribe provides protective services and places a child in the home of private individuals, including family, neighbors or friends of the child.

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