10-148 C.M.R. ch. 7, § 3 - PROCEDURES

a. The Department shall, upon receipt of an application to adopt from any family or individual, conduct background checks for each perspective adoptive parent of a minor child in custody. The background check must include criminal history record information obtained from the Maine Criminal Justice Information System and the Federal Bureau of Investigation.

1. The criminal history record information from the Maine Criminal Justice Information System must include a record of Maine conviction data.

2. The criminal history record information obtained from the Federal Bureau of Investigation must include other state and national criminal history record information.

b. Each prospective adoptive parent shall submit to having fingerprints taken. The State Police shall forward those fingerprints to the State Bureau of Identification so that the bureau can conduct state and national criminal history checks.

c. The subject of a criminal history record check may inspect and review the criminal history record information pursuant to applicable state or federal law.

d. State and federal criminal history record information may be used by the Department for the purpose of screening prospective adoptive parents to ensure the safety and well-being of children placed for adoption by the Department.

e. Information obtained through the criminal history checks is confidential and for official use only and may not be disseminated outside the Department except to licensed agencies conducting the home study assessments or courts where the petitions to adopt are filed.

f. An applicant/s application will be denied if the applicant/s has any felony conviction of child abuse or neglect, spousal abuse, a crime against a child or children (including child pornography) or a crime involving violence, including rape, sexual assault, or homicide, but not including other physical assault or battery. An applicant/s application will be denied if the applicant/s has, within the five years prior to the application date (or after the application date) been convicted of a felony involving physical assault, battery or a drug related offense. In the case of any other criminal convictions, the Department has the sole discretion to determine whether it will approve the application, consent to the proposed adoption, or provide adoption assistance (consistent with the laws and rules for adoption assistance). This paragraph shall not be construed to prohibit the Department from denying an application because of criminal offenses not listed in this paragraph.

g. The information from the criminal history check will be provided to the Probate Court upon filing the petition to adopt or upon any request to the District Court for Permanency Guardianship.

h. The established fee for the fingerprint process will be the responsibility of the prospective adoptive family. In special circumstances that would present a barrier to the adoption of a specific child, an adoptive family may request assistance from the Department. Approval is required from the DHHS District Program Administrator for any financial assistance toward the fingerprint fee related to the adoption or permanency guardianship of a specific child.

Notes

10-148 C.M.R. ch. 7, § 3