479 Neb. Admin. Code, ch. 8, § 008 - CRIMINAL RECORDS CHECK REQUIRMENTS

The Adoptive Parents and any individual 18 years of age or older residing in the Adoptive Parents' household must submit to the records checks set forth in this chapter and meet the approval requirements of this section in order for the Department to enter into an Adoption Assistance Agreement with the Adoptive Parents.

008.01 RECORDS TO BE SEARCHED. The Adoptive Parents and any individual 18 years of age or older residing in the Adoptive Parents' household must consent to the Department receiving all background checks identified in this section. For each Adoptive Parent and any individual 18 years of age or older residing in the Adoptive Parents' household the following checks will be reviewed by the Department:

(A) State Central Register or Registry of child protection maintained by any state in which the individual has lived within the past 5 years;

(B) Nebraska Adult Protective Services Central Registry;

(C) Appropriate local law enforcement agency;

(D) National Sex Offender Registry;

(E) State-level criminal history; and

(F) Fingerprint-based National Criminal History Check.

008.02 CRIMINAL RECORDS APPROVAL REQUIREMENTS. If the Adoptive Parents or any individual 18 years of age or older residing in the Adoptive Parents' household have a criminal history or history of child abuse or neglect, the Department will determine whether to enter into an Adoption Assistance Agreement based on the provisions in this section.

008.02(A) ADOPTION ASSISTANCE AGREEMENT NOT AUTHORIZED. The Adoptive Parent(s) cannot enter into an Adoption Assistance Agreement with the Department when:

(i) Any Adoptive Parent has been convicted of a felony involving abuse or neglect of a child or a vulnerable adult, spousal abuse, a crime against a child or children, or a crime of violence including rape, sexual assault, or homicide, but not including other physical assault or battery;

(ii) Any Adoptive Parent is identified as a perpetrator on a child abuse and neglect central registry or an adult abuse and neglect central registry; or

(iii) Any Adoptive Parent has a conviction date within the past five years for a felony involving a drug-related offense, physical assault or battery.

008.03 TIME FRAME FOR CRIMINAL RECORDS CHECK. To meet the requirements of this chapter, the results of the criminal records checks for each individual are valid for two years from the date the results were issued. If the Adoption Assistance Agreement is not signed by all parties during the time frame when the results are valid, new criminal records checks will be required.

Notes

479 Neb. Admin. Code, ch. 8, § 008

Adopted effective 9/4/2021