I. PURPOSE

The purpose of this Policy Guide is to issue procedures for background checks that must be done prior to subsidy approval on all members of the foster home/caregiver household, ages 13 and over. This includes cases of DCFS wards moving to adoption or transfer of guardianship. The required timeframes for the background checks are indicated within these procedures.

This Policy Guide does not apply to requirements for background checks at the time of a child’s initial placement with an unlicensed relative, nor at the time of initial foster home licensure.

This Policy Guide conforms to the requirements of the Adam Walsh Act, the Adoption Act and the Child Care Act.

Background checks on licensed providers/foster homes are no longer required for pre-screening and/or legal screenings for the purpose of:

• filing a petition for Termination of Parental Rights;
• transfer of guardianship (KinGap); or
• Expedited Adoption.

For unlicensed providers, in addition to being fingerprinted for a background check at the time of the initial placement as provided in Rule 385, Child Abuse and Neglect Tracking System (CANTS) and Law Enforcement Agencies Data System (LEADS) and Sex Offender Registry checks must still be updated every six months.

Regardless whether a caregiver is licensed or not, everyone in the home age 17 and over must be fingerprinted for a background check, including any ward of the State residing in the home.

II. ADOPTION/TRANSFER OF GUARDIANSHIP CASES: LICENSED PROVIDERS / FOSTER HOMES

For all subsidized adoption or guardianship cases involving licensed foster family homes, the background checks listed below must have been conducted by the caseworker/licensing representative within 2 years prior to the subsidy approval:

1. Child Abuse and Neglect Tracking System (CANTS) and Sex Offender Registry (SOR) checks of all household members ages 13 and over.
2. Fingerprint-based Illinois State Police (ISP) and Federal Bureau of Investigation (FBI) checks of all household members ages 17 and over.

If the household member is a ward of the State, see Section IV of this Policy Guide for instructions.

The results of the background check may be located on either the BC-11 or BC 04 and BC-05 screens and/or the Licensed Provider’s Individual License Summary (ILS) located in their licensing file. See Section V of this Policy Guide for instructions on the process for obtaining the background checks if the background checks have not been updated within the last two years and/or there is missing/inaccurate information.

Background check information on wards ages 13 and over currently living in the home will not be listed on the ILS but will be contained in the Licensed Provider’s licensing file. All arrests and convictions shall be explained in the CFS 411, Report of Investigation and the CFS 486, Adoption Conversion Assessment forms.

If any household member has a criminal conviction listed in Rule 385, Appendix A and/or an indicated report of an allegation listed in Section 385.50, this finding must be resolved before the adoption/transfer of guardianship can proceed. In case of DCFS wards with convictions or indicated reports, see Section IV of this Policy Guide for instructions.

The CFS 718-L, Request for Updated Background Check for a Licensed Provider form shall be used for CANTS, SOR, ISP and FBI clearances for providers that have an active license.

III. ADOPTION CASES: UNLICENSED PROVIDERS / FOSTER HOMES

For all cases moving toward adoption involving DCFS wards placed in unlicensed homes, the background checks listed below must be conducted by the caseworker prior to the subsidy approval within the required time frame. Please see Section VI of this Policy Guide for instructions on the process for obtaining the background checks:

1. Child Abuse and Neglect Tracking System (CANTS), Sex Offender Registry (SOR) and name-based Law Enforcement Agencies Data System (LEADS) checks on all household members ages 13 and over within the 6 months prior to the subsidy approval.
2. Fingerprint-based Illinois State Police (ISP) and Federal Bureau of Investigation (FBI) checks of all household members ages 17 and over within 2 years prior to the subsidy approval.

All arrests and convictions shall be explained in the CFS 411, Report of Investigation and the CFS 486, Adoption Conversion Assessment forms.

If the household member is a ward of the State, see Section IV of this Policy Guide for instructions.

If it is determined that any household member has a criminal conviction as listed in Rule 385, Appendix A and/or indicated reports of allegations listed in Section 385.50, this finding must be resolved before the adoption can proceed.

In addition, the CFS 718-RL, Authorization for Background Check for RELATIVES Applying for Foster Home License shall be used for ISP and FBI clearances for unlicensed relatives that are adopting, as well a re-adoption of a previously adopted ward by a person (even if not a relative), to whom DCFS has agreed to provide a non-ward subsidy, and in interstate adoption cases. The individual’s provider ID number must be included on the CFS 718-RL.

The CANTS 48, Request for LEADS-CANTS Check shall be used to obtain the CANTS and LEADS background checks.

The Illinois and National Sex Offender Registries’ websites shall be used to obtain the SOR checks. The web addresses are: http://www.isp.state.il.us/sor and http://www.nsopw.gov

IV. DCFS WARDS

If a DCFS ward is a member of the household, the CFS 718-W, Authorization for Background Check of Wards of the State shall be completed for the background check. If the home is unlicensed, the workers need to use this form for ISP/FBI only and do their own CANTS/LEADS/SOR checks.

The caseworker shall complete a CFS 596-G-W, Protective Plan for any DCFS ward with convictions listed in Rule 385, Appendix A and/or indicated reports of allegations listed in Section 385.50. This Protective Plan shall be part of the licensing file (if applicable) as well as the ward’s case file. The caseworker, licensing representative (if applicable), foster parent and ward must participate together in developing and reviewing this Protective Plan. The Protective Plan must take into account each of the following:

1. court provisions, such as home monitoring, terms of probation, any orders of protection, etc.;
2. the nature of the offense and how it affects other members of the household;
3. what steps will be taken to ensure safety in the home and who is responsible for monitoring; and
4. what level of supervision is needed, indicators to support supervision level and who will be responsible for monitoring the indicators and levels of supervision.

The Protective Plan must be reviewed every six months or more frequently as needed. A ward’s criminal history will not impact a provider’s license.

V. PROCEDURES FOR OBTAINING BACKGROUND CHECKS FOR LICENSED PROVIDERS / FOSTER HOMES

Step 1
Determine the current family composition of household members.

Step 2
Compare the current family composition with what is listed on the BC11 screen or the Individual License Summary (ILS). Wards will not be added to the BC11 screen or ILS.

Step 3
Determine if there are discrepancies. If yes, go to Step 4. If no, skip to Step 5.

Step 4 (Discrepancy found)
Contact the licensing worker to correct any discrepancies between BC11/ILS and the family composition. If there are any household members, who require background checks that are not listed on the ILS, in most instances it will be the licensing worker’s responsibility for correcting and resolving this issue. However, Adoption staff and/or caseworkers may also assume responsibility for correcting and resolving this issue. You may not submit the CFS 718-L until the discrepancies have been resolved. Upon resolution, proceed to Step 6.

Prior to sending a household member for fingerprinting the worker shall complete the following:

Check the Background Check Unit – Finger Print Search website for each household member subject to an ISP and FBI check. The website address is: https://fingerprintsearch.dcfs.illinois.gov/.

Enter the following information: Provider ID (of the agency, not the individual; either the CWA provider ID or 999901 for DCFS); First Name; Last Name; Birth Date; Last 4 Digits of SSN and click on search.

If the screen indicates that prints are not on file, print the screen. The household member will need to take a CFS 718 and the screen print to Accurate Biometrics and be fingerprinted. After fingerprinting, Accurate Biometrics will issue a receipt for fingerprinting and will either stamp the CFS 718 and return the form or they may keep the copy. The household member will return the form and/or receipt to the worker who will forward it to Central Office of Licensing (COoL).

Step 5 (No discrepancies)
If there are no information discrepancies between the current household members and the BC-11/BC-05 screens or ILS, and all the above background check information is listed within two years with Clearances for subsidy approval, no additional steps may be needed.

If the BC-11/BC-05 screens or ILS indicate CL - no additional steps/documentation is needed.

If the BC-11/BC-05 screens or ILS indicate CH/CR - the rap sheet/criminal abstract and FBI response are required.

• NOTE: All other codes require additional response/documentation before proceeding to Step 6. Caseworkers should consult with their licensing supervisor, POS adoption liaison or DCFS adoption supervisor.

Step 6 (Discrepancy resolved)
Complete the CFS 718-L, including all household members age 13 and over who are subject to background checks. The box “Adoption” or “Subsidized Guardianship” should be checked. Ensure that the form is complete and accurate.

Step 7
The worker shall submit the CFS 718-L directly to the “Permanency Updates” mailbox via DCFS Outlook and skip to the Disposition.

• NOTE: Caseworkers shall communicate background check related information only via DCFS Outlook to ensure confidential and secure communication.

DISPOSITION

The Central Office of Licensing (COoL) will conduct the background checks. If there are no “hits,” CYCIS will be updated to show “CL” (cleared). If there are hits, the rap sheet/printout with detail on arrests, charges and convictions will be sent to the caseworker/manager via DCFS Outlook (if there isn’t an Outlook account, results will be sent via USPS). CYCIS will reflect IS (ISP rap sheet sent) and/or FS (FBI rap sheet sent).

The caseworker and supervisor shall review all information to assess the safety and appropriateness of the provider before proceeding with the adoption/guardianship process.

VI. PROCEDURES FOR OBTAINING BACKGROUND CLEARANCES FOR UNLICENSED PROVIDERS

Step 1
Determine the current family composition of household members

Step 2
Determine what checks need to be done on each member in the family composition. Verify if the checks have already been conducted and if the dates of the results fall within the appropriate timeframe.

Household members ages 13 to 16 – CANTS, LEADS, and SOR
Household members ages 17 and older – CANTS, LEADS, SOR, and fingerprint-based ISP and FBI

Step 3
Complete the CANTS 48 for each household member subject to a CANTS and LEADS check. Fax CANTS 48 to the State Central Registry (SCR) – fax number is listed on form. Check the Illinois and National Sex Offender Registries for all household members age 13 and over and the caregiver’s address. Print the results. The website addresses are: http://www.isp.state.il.us/sor and http://www.nsopw.gov

For all current/new household members that it is uncertain or unknown if they have been fingerprinted, proceed to Steps 4.

Step 4
Check the Background Check Unit – Finger Print Search website for each household member subject to an ISP and FBI check. The website address is: https://fingerprintsearch.dcfs.illinois.gov/.

Enter the following information: Provider ID (of the agency, not the individual; either the CWA provider ID or 999901 for DCFS); First Name; Last Name; Birth Date; Last 4 Digits of SSN and click on search.

Step 5 (a)
If the screen indicates that prints are not on file, print the screen. The household member will need to take a CFS 718-RL and the Finger Print Search website screen print to Accurate Biometrics and be fingerprinted. After fingerprinting, Accurate Biometrics will stamp the CFS 718-RL. The household member will return the form to the worker who will forward it to COoL.

Step 5 (b)
For all household members whose prints are on file and subject to ISP and FBI checks, the worker shall complete the CFS 718-RL. The box “Adoption” should be checked.
Note: Unlicensed caregivers are not eligible for KinGap (subsidized guardianship).
Ensure that the form is complete and accurate.

Step 6
The worker shall submit the CFS 718-RL by fax to either 217-782-6446 or 217-785-6368.

DISPOSITION

COoL will conduct the background checks. If there are no hits, CYCIS will be updated to show “CL” (cleared). If there are hits, the rap sheet will be sent to the caseworker via DCFS Outlook (if there isn’t an Outlook account, results will be sent via USPS). CYCIS will reflect IS (ISP rap sheet sent) and FS (FBI rap sheet sent).

SCR will return the form with the results of the CANTS and LEADS checks.

The caseworker and supervisor shall review all information to assess the safety and appropriateness of the provider before proceeding with the adoption/guardianship process.

VII. ATTACHMENTS – (New forms)

CFS 596-G-W, Protective Plan form
CFS 718-W, Authorization for Background Check of Wards of the State form

VIII QUESTIONS
Questions regarding this Policy Guide may be directed to the Office of Child and Family Policy at 217-524-1983 or via Outlook at OCFP – Mailbox. Non Outlook users may e-mail questions to cfpolicy@idcfs.state.il.us.

IX. FILING INSTRUCTIONS

File this Policy Guide immediately following Procedures 302.310 Adoption Assistance.