37.51.310 YOUTH FOSTER HOMES: CRIMINAL BACKGROUND CHECKS
(1) A satisfactory criminal background, motor vehicle, and child and adult protective services check is required for each person living in the household.
(2) A new applicant must submit a completed fingerprint card so that a fingerprint based criminal records check can be requested.
(3) If a new applicant who has lived only in Montana cannot be successfully fingerprinted or if two fingerprint cards cannot be successfully read by the Department of Justice, a Montana name-based criminal records check will be used for applicants who have not lived in a state other than Montana.
(4) If an applicant who has lived in states other than Montana cannot be successfully fingerprinted, or if two fingerprint cards cannot be successfully read by the Department of Justice, a Montana name-based criminal records check will be completed, and:
(a) a criminal history check will be requested from every state in which an applicant has lived in the past 15 years;
(b) a check will be made of the violent offender and criminal history registries in those states if this information is available for states in which the applicant has lived; and
(c) if after 45 days, the department has been unable to obtain results of a criminal records check for an applicant who has lived in Montana for at least five years, the applicant must sign an affidavit attesting to his lack of criminal history or to the details of existing criminal history. The affidavit will be accepted in lieu of results from a criminal history check.
(5) An annual name-based criminal records check and a motor vehicle check for licensed foster parents are required for relicensure.
(6) Persons formerly licensed as foster parents will be treated as new applicants if the former foster parents have not been licensed for a period of more than one year or if the foster parents have lived out of state for any period of time since being licensed in Montana.
(7) A child protective services check will be requested from all states in which an applicant or any adult household member has lived in the past five years at a minimum.
(8) If after 45 days the department has been unable to obtain results from a child protective services check, the applicant must sign an affidavit attesting to his lack of child protective services history or to the details of existing child protective services history. The affidavit will be accepted in lieu of receipt of child protective services history results.
History: 52-1-103, 52-2-111, 52-2-601, 52-2-621, 52-2-622, MCA; IMP, 52-1-103, 52-2-111, 52-2-601, 52-2-621, 52-2-622, MCA; NEW, 2006 MAR p. 1395, Eff. 6/2/06; AMD, 2018 MAR p. 849, Eff. 4/28/18.