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

(Revised 5/1/19 ML 3549)

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All AFC applicants/providers and anyone age 18 or over living in the AFC facility, 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 will cover the cost of the background check, except the fingerprinting fee.  

For new applicants, the County Social Service Agency provide the following documents to applicants/provider: 

1. SFN 467, “Personal Authorization for Criminal Record Inquiry”
2. SFN 466, “Background Check Address Disclosure”
3. Two fingerprinting cards, if required.

The County Social Service Agency will provide the documents 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 facility that is not receiving care. AFC applicants/providers are responsible for the completion of two fingerprinting cards.  

Fingerprint cards can be completed at their local Police or Sheriff’s office or local Human Service Center. 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.

AFC 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 (30) days, and later they reapply for an AFC license, a background check is required. If another adult joins the facility, that individual is subject to the background check requirement.

Completed forms should be forwarded to:  Aging Services Division, ATTENTION: AFC 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 and the Medical Services staff (responsible for QSP enrollment) 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 foster care provider, that information will be noted. A license to provide AFC 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.