Background Checks for Applicants/Relatives 660-05-20-40

(Revised 6/16/08 ML 3147)

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All AFFC applicants/providers and anyone age 18 or over living in the AFFC home, other than foster care recipients, are subject to mandatory state and nationwide background checks.

Criminal history record investigations will be conducted by the North Dakota Bureau of Criminal Investigation (BCI). BCI shall request nationwide background checks from the Federal Bureau of Investigation. The Department of Human Services will cover the cost of the background check, except the fingerprinting fee.  

For new applicants, the county agency representative should request “Adult Family Foster Care Background Check Packets” from the Aging Services Division.  

The AFFC Background Check Packets consist of the following:

1. An information sheet explaining the background check process
2. SFN 467, “Personal Authorization for Criminal Record Inquiry”
3. SFN 466, “Background Check Address Disclosure”
4. Two fingerprinting cards, if required.

The County Social Service Agency representative will provide a packet(s) to the applicant/provider. A separate authorization form, address disclosure form, and if required, two fingerprinting cards must be completed for each adult living in the home that is not receiving care. AFFC applicants/providers are responsible for the completion of two fingerprinting cards.  Fingerprint cards can be completed at their local Police or Sheriff’s office. There is a small fee for fingerprinting services.  The fee for fingerprinting is the responsibility of the applicant/provider. The County Social Service Agency representative is to emphasize the need for completion of all information on the form. Incomplete forms will be returned.

Fingerprints need not be taken and a nationwide background check need not be made if an individual:

1. Has resided continuously in this state for eleven years or since reaching age 18, whichever is less;
2. Is on active United States military duty or has resided continuously in this state since receiving an honorable discharge; or
3. Is excused from providing fingerprints under rules adopted by the Department.

AFFC providers licensed prior to August 1, 1999, are not required to have a background check and will not routinely require a background check as long as they are continuously licensed. If there is a break in the licensure of more than thirty days, and later they reapply for an AFFC license, a background check is required. If another adult joins the home, that individual is subject to the background check requirement.

Completed forms should be forwarded to:  Aging Services Division, ATTENTION: AFFC Program Administrator, 1237 West Divide Ave, Suite 6, Bismarck, ND 58501. Aging Services Division will review for completeness and forward to BCI for processing.

BCI will conduct the criminal history record and forward the report to the Division. Statewide Criminal Record Investigation Reports from BCI are usually received within a three-week time frame. Federal Criminal Record Investigation Reports can take up to eight weeks to complete. The Division will inform the County Social Service Agency representative and Human Service Center staff (responsible for AFFC licensure) of the results of the background check. If the background check results indicate that the individual has offenses that may affect his/her ability to be an adult family foster care provider, that information will be noted. A license to provide AFFC cannot be issued until the background check has been completed.

The individual who is the subject of the background check has the right to receive a copy of the report, challenge the report, or correct the report. The individual must contact BCI at 701-328-5500 and follow their record request procedures.