When evaluating history that is not an absolute bar to placement, staff must consider the totality of the circumstances and other factors that may affect the overall decision for placement.

While staff must consider all convictions and any other pertinent criminal history information, the presence or absence of a criminal history is only one of many factors staff must weigh in determining whether a potential kinship caregiver can provide a safe and stable home for a child in conservatorship.

Staff must:

• Not assume that a kinship caregiver can provide a safe and stable home because there is no criminal history.
• Not automatically rule out a potential kinship caregiver solely based on criminal history.
• Consider the impact, if any, that the criminal history has for placement.
• Consider how a particular conviction or history may affect a child’s safety when the conviction is not included in the table in Appendix 4525: Chart 2: Assessing Criminal History Offenses and Convictions for Kinship Placement and Kinship Foster and Adoptive Homes.
• Consider that the weight given to an individual’s history varies based on:
  • The type of conviction
  • The length of time since the conviction
  • The individual’s rehabilitation
  • Information provided by references

Factors that may support approval of a potential kinship caregiver’s home, despite otherwise barred criminal history, include:

• The conviction occurred many years ago.
• The conviction was an isolated occurrence.
• The individual whose history is being evaluated demonstrates rehabilitation.
• The bar is temporary and will expire in the near future.
• There is a pre-existing relationship between the child or child’s family and the potential caregiver.
• The child has already been living safely in the home for several months or longer.
• Support systems were identified to assist the caregiver.
• The kinship caregiver demonstrates sufficient protective capacity.
• There are other mitigating factors.
• Any combination of the criteria listed above.

Factors that may support denial of a potential kinship caregiver’s home on the basis of criminal history include the following:

• The conviction is for a sexual offense.
• There is minimal or no relationship between the potential caregiver and the child or the child’s family.
• The individual whose history is being evaluated demonstrates no rehabilitation.
• The conviction is recent.
• There is significant criminal history, particularly convictions, in addition to the potentially barred conviction.