§ 4–1305.06. Results of the criminal records check.

(a) The provisions of this section shall apply to an individual who seeks to be:

(1) Approved or licensed as an adoptive or foster parent, a legal guardian, or a kinship caregiver;

(2) Permitted to become an adoptive parent under Chapter 3 of Title 16; or

(3) Permitted to have a child placed in the individual’s custody upon order of a judicial officer, under § 16-2320(a)(2) or § 16-2320(a)(3)(C).

(b) Except as provided in subsection (d) of this section, an individual shall not be approved, licensed, or permitted as set forth in subsection (a) of this section if it is determined from the criminal records check that the individual, or an adult residing in the home of the individual, has a felony conviction for any of the following offenses or their equivalents:

(1) Child abuse;

(2) Child neglect;

(3) Intrafamily offense, as defined in § 16-1001(8);

(4) A crime against children, including child pornography; or

(5) A crime involving violence, including rape, sexual assault, or homicide, but not including other physical assault or battery.

(c) Except as provided by subsection (d) of this section, an individual shall not be approved, licensed, or permitted as set forth in subsection (a) of this section if it is determined from the criminal records check that the individual, or an adult residing in the home of the individual, has a felony conviction for any of the following offenses or their equivalents committed within the past 5 years:

(1) Repealed;

(2) Physical assault;

(3) Battery; or

(4) A drug-related offense.

(d) Notwithstanding the requirements of subsections (b) and (c) of this section, an individual may be approved, licensed, or permitted as set forth in subsection (a) of this section if:

(1) The individual has a felony conviction for any of the offenses listed in subsections (b) and (c) of this section and, after a discretionary agency review of the conviction and current circumstances, it is determined that an approval, licensure, or permission would be consistent with the health, safety, and welfare of children; provided, that any adoption-assistance payments or foster-care-maintenance payments made on behalf of a child to an individual pursuant to this paragraph shall not be made with federal funds provided through Title IV-E of the Social Security Act, approved June 17, 1980 (94 Stat. 500; 42 U.S.C. § 670 et seq.); or

(2) An adult residing in the home of the individual, but not the individual who seeks to be approved, licensed, or permitted as set forth in subsection (a) of this section, has a felony conviction for any of the offenses listed in subsections (b) and (c) of this section and, after a discretionary agency review of the conviction and current circumstances, it is determined that an approval, licensure, or permission would be consistent with the health, safety, and welfare of children.

(Sept. 23, 1977, D.C. Law 2-22, title V, § 506, formerly § 326; as added June 27, 2000, D.C. Law 13-136, § 201(f), 47 DCR 2850; Apr. 12, 2005, D.C. Law 15-341, § 2(q), 52 DCR 2315; renumbered Mar. 2, 2007, D.C. Law 16-191, § 22(a)(7), 53 DCR 6794; Mar. 25, 2009, D.C. Law 17-368, § 4(b), 56 DCR 1338; Sept. 11, 2009, D.C. Law 18-47, § 2, 56 DCR 4960.)

Effect of Amendments

D.C. Law 15-341, in subsec. (b)(3), substituted “Intrafamily abuse, as defined in § 16-1001(5)” for “Spousal abuse”.

D.C. Law 16-191 renumbered the section.

D.C. Law 17-368, in subsec. (b)(3), substituted “offense, as defined in § 16-1001(8)” for “abuse, as defined in § 16-1001(5)”.

D.C. Law 18-47, in subsec. (b)(5), substituted “or homicide, but not including other physical assault or battery” for “homicide, assault or battery” and inserting the phrase “; in subsec. (c), in the lead-in language, deleted ”, or an adult residing in the home of the individual,“ following ”an individual“, and inserted ”, or an adult residing in the home of the individual,“, and repealed par. (1); and rewrote subsec. (d).

Emergency Legislation

For temporary (90-day) addition of section, see notes following § 4-1305.01.

For temporary (90 day) amendment of section, see § 2 of Adoption and Safe Families Emergency Amendment Act of 2007 (D.C. Act 17-232, December 27, 2007, 55 DCR 233).

For temporary (90 day) amendment of section, see § 2 of Adoption and Safe Families Congressional Review Emergency Amendment Act of 2008 (D.C. Act 17-317, March 19, 2008, 55 DCR 3415).

For temporary (90 day) amendment of section, see § 2 of Adoption and Safe Families Continuing Compliance Emergency Amendment Act of 2008 (D.C. Act 17-559, October 27, 2008, 55 DCR 12010).

For temporary (90 day) amendment of section, see § 2 of Adoption and Safe Families Continuing Compliance Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-2, January 23, 2009, 56 DCR 1622).

Temporary Legislation

Section 2 of D.C. Law 17-133, in subsec. (b), in the lead-in language, substituted “An” for “Except as provided in subsection (d) of this section, an”, and in par. (5), substituted “or homicide, but not including other physical assault or battery” for “homicide, assault or battery”; in subsec. (c), in the lead-in language, deleted “, or an adult residing in the home of the individual,” and substituted “check that the individual, or an adult residing in the home of the individual,” for “check that the individual”, and repealed par. (1); and amended subsec. (d) to read as follows:

“(2) An adult residing in the home of the individual, but not the individual who seeks to be approved, licensed, or permitted as set forth in subsection (a) of this section, has a felony conviction for any of the offenses listed in subsection (c) of this section and, after a discretionary agency review of the conviction and current circumstances, it is determined that an approval, licensure, or permission would be consistent with the health, safety, and welfare of children.”

Section 5(b) of D.C. Law 17-133 provided that the act shall expire after 225 days of its having taken effect.

Section 2 of D.C. Law 17-297, in subsec. (b), substituted “An” for “Except as provided in subsection (d) of this section, an” in the lead-in language, substituted “or homicide, but not including other physical assault or battery” for “homicide, assault or battery” in par. (5); in subsec. (c), deleted “, or an adult residing in the home of the individual,” and substituted “check that the individual, or an adult residing in the home of the individual,” for “check that the individual” in the lead-in language, and repealed par. (1); and rewrote subsec. (d) to read as follows:

“(d) Notwithstanding the requirements of subsection (c) of this section, an individual may be approved, licensed, or permitted as set forth in subsection (a) of this section if:

“(1) The individual has a felony conviction for any of the offenses listed in subsection (c) of this section and, after a discretionary agency review of the conviction and current circumstances, it is determined that an approval, licensure, or permission would be consistent with the health, safety, and welfare of children; provided, that any adoption-assistance payments or foster-care-maintenance payments made on behalf of a child to an individual pursuant to this paragraph shall not be made with federal funds provided through Title IV-E of the Social Security Act, approved June 17, 1980 (94 Stat. 500; 42 U.S.C. § 670 et seq.); or

Section 5(b) of D.C. Law 17-297 provided that the act shall expire after 225 days of its having taken effect.