Applicants must register with MSHP Missouri Automated Criminal History Site, MACHS, in order to schedule their fingerprinting appointment. The resource development worker provides the appropriate authorization letter to the applicant which indicates whether the applicant is being fingerprinted for;

• foster and relative services, CD26-a,
• adoption services only, CD26-d, or
• respite or transitional living advocate only applicants, CD26-e.

It is the responsibility of the resource development worker to explain the registration process. The worker may assist the applicant with registration process in MACHS.

The electronic scan method is the preferred method of obtaining criminal background checks. The card and ink method will still be available in special circumstances; however, staff should be aware that this method will result in delays in receiving the criminal history. No one may be licensed or have their license renewed until criminal background results have been received. The Missouri State Highway Patrol public window is not an option for having fingerprints completed. Staff should not refer applicants or providers to the Highway Patrol to have prints completed.

The Division cannot pay for criminal background checks completed on biological parents or for court ordered studies on private adoptions and guardianships. The resource development worker will provide authorization letter CD26-b to those individuals who must pay for their fingerprinting.

The completed reports are posted on the MSHP’s Missouri Automated Criminal history System (MACHS) Internet page. The correct local office or private agency developing the resource is determined by the Registration Number. The registration number is associated with a specific OCA code. The MSHP response is received first. After the FBI has completed its search, any results will be forwarded to the MSHP, who will posts the results on their MACHS page.

The criminal record check may reveal open and closed record information on individuals consisting of arrests, prosecutor and court actions, correctional supervision, and release. All felony and serious misdemeanor arrests including sexual offender registration information as defined under 589.400, RSMo, and All alcohol and drug related traffic offenses are considered reportable criminal offenses.

Except for the specific felony history listed below, a criminal history, child abuse and neglect history, or other review information does not automatically preclude licensure. Staff should determine the relevance of all such findings to child caring responsibilities, and should seek guidance from supervisors. A supervisor must review and evaluate the background information if there is a record of conviction (other than those listed below) and or child abuse and if the decision is to approve the home assessment. The supervisor’s review and decision to approve or disapprove must be documented.

Felony Convictions

Staff may not approve the application of any person in which a record check reveals that the individual pled guilty or was found guilty of a felony for child abuse or neglect, spousal abuse, domestic violence, a crime against children (including child pornography), or a crime involving violence, including rape, sexual assault, homicide but not including  other physical assault or battery was determined by a court of competent jurisdiction.

Staff may also not approve the application of any person who has had a court of competent jurisdiction determine a felony conviction for physical assault, battery, or a drug-related offense within the last five years.

Household members age 17 and older shall disclose criminal history. Consideration shall be made of felony cases where the individual pled guilty, is found guilty and /or convicted of a criminal offense or pled guilty but instead received a suspended imposition of sentence (SIS).

In the unlikely event it is determined the best interest of a child would be served by placement in an unlicensed home, and a court of law has ordered the child placed in the unlicensed home, written approval must be obtained through supervisory lines to the Regional Director. The Regional Director must review the request and, if in agreement, forward with their recommendation to the Deputy Director for Children’s Division for final consideration. Written requests should include a thorough description of the applicant’s situation and why it would be in the child’s best interest to be placed in an unlicensed home. If approved by the Deputy Director, IV-E funding may not be used and the worker will be responsible for notifying the Eligibility Specialist who will ensure that state only funds are used.

If a resource parent commits a felony act as listed previously in this section which results in a conviction or the resource parent admits to committing the act and receives a suspended imposition of sentence (SIS ) federal funds may not be used for foster care maintenance or adoption assistance payments if any of the aforementioned conditions exist. It is imperative that in those circumstances the worker notifies the Eligibility Specialist who will enter the correct fund code for state only funding.

BSIU maintains a log of all criminal background checks completed on resource providers and applicants.

Per FBI guidelines, FBI reports can be released to local county offices and made available in court. FBI reports cannot be released to contractors or to private entities. If a contractor has requested the information to complete an assessment, they are not allowed access to the report. The Children’s Division will convey to the contractor one of the following:

1. The report is clear; proceed with the assessment, or
2. The report revealed something that must be explored. The contractor will then be requested to refer the family to the local Children’s Division office before continuing the assessment. Local office staff will then meet with the applicant and determine whether the applicant will be allowed to proceed with the application. If the applicant is selected out, the local office staff must inform the family in writing and notify the contractor.

The Children’s Division may enter into an outsourcing of fingerprint results agreement with a contracted agency. Outsourcing of access to MACHS may only be processed and approved by Central Office.

Chapter Memoranda History (prior to 01/31/07):

CD04-05, CD04-63, CD04-79, CD04-96, CD05-76

Memoranda History (After 01/31/07):

CD07-36, CD07-54, CD07-59, CD08-55, CD10-65, CD12-62, CD14-27, CD14-64, CD15-48, CD16-18, CD16-45, CD18-27, CD19-36