Final Rule - Title IV-E Foster Care Eligibility Reviews [Binder] [5]
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OCR Page 1 of 75child care facilities; the statute specifically limits this
requirement to prospective foster and adoptive parents. However,
in order to be an eligible provider for title IV-E funding
purposes, in all cases where no criminal records check is
conducted, the licensing file must include documentation that
safety considerations with respect to the caretakers have been
addressed. This safety documentation requirement applies to
child care institutions in every situation and to prospective
foster and adoptive parents in States that opt out of the
criminal records check provision. Since this provision is a
title IV-E funding requirement, it does not extend to relative
homes that are not licensed or approved in accordance with State
licensing standards because children placed in such homes are not
eligible for title IV-E funding.
Comment: Two commenters asked if this section applies to
currently licensed foster parents and approved adoptive parents
whose licensure or approval predates the passage of ASFA.
Response: The provision applies to "prospective" foster and
adoptive parents. Therefore, the provision applies to foster and
adoptive parents who are licensed or approved after the date of
enactment of the law (November 19, 1997), or the approved delayed
effective date if the State required legislation to implement the
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