Minnesota Criminal Background Checks/Abuse and Neglect Registry
Home Studies which Require Criminal / Perpetrator Record Checks
Minnesota requires criminal background checks for the following home studies:
- Foster Care
- Relative-Foster Care
- Foster-Adopt
- Adoption
Finterprints are used to conduct FBI checks on persons 18 and older for studies conducted in connection with child foster care and adoptions.
County social service agencies and private child placing agencies provide finterprint cards (supplied by DHS which include the correct ORI and “reason fingerprinted) to the background study subject. The subject is fingerprinted, generally at a local law enforcement agency, and returns the FP card to the county or private agency who sends the FP cards to DHS along with a request to conduct a background study. DHS scans the fingerprint cards and sends an electronic image through the Minnesota Bureau of Criminal Apprehension (BCA) to the FBI. The results of the FBI check are returned electronically to DHS.
The results are received from the FBI within 24 hours. (Generally within an hour or two.)
The state record check (through the Minnesota Bureau of Criminal Apprehension) is based on the background study subject’s name and date of birth. It is not a fingerprint based check. See below.
Criminal Background Screening
The following methods are used to capture fingerprints to conduct criminal records checks:
- Live Scan or other computerized technology
- Finger Print cards
Criminal background checks/screening via Live Scan or other computerized technology are offered at the following levels:
State or Local Criminal Record Checks Requirements/Process:
Minnesota Statutes, section 245C.03, requires that a background study is conducted on all household members aged 13 and older and employees of the child foster care license who will provide direct contact services. In addition, when the commissioner of DHS has reasonable cause to believe that information exists that may result in an individual's disqualification, a background study may also be conducted on household member aged 10-12, and non-household members who, without providing direct contact services may have unsupervised access to foster children.
The background study includes a name and date of birth check of records on file with the Minnesota Bureau of Criminal Apprehension; a name and DOB check against names of substantiated perpetrators of maltreatment of vulnerable adults from Minnesota Department of Human Services (DHS) and Minnesota Department of Health (MDH) investigations in programs licensed by DHS and MDH; a name and DOB check against names of substantiated perpetrators of maltreatment of vulnerable adults from county adult protection investigations; a name and date of birth check against the names of substantiated perpetrators of maltreatment of minors from county child protection investigations and DHS investigations in licensed programs; a check against the child abuse and neglect registry in any state the background study subject has resided in the previous five years; and a fingerprint based FBI check for study subjects who are 18 years of age and older. (MN STAT §245C.08)
Applicant will not be approved if the person has committed any of the following misdemeanor or felony offenses:
Types of Checks (Crim. & Abuse Neglect Registry)
Minnesota requires the following types of criminal background and perpetrator checks (Federal (F), State (S), Local (L), Abuse and Neglect Registry (ANR), Not Required (NR)):
|
Federal |
State |
Local |
ANR |
NR |
Foster Care |
y |
y |
y |
y |
|
Relative |
|
|
y |
y |
|
Relative Foster Care |
y |
y |
y |
y |
|
Adoption |
y |
y |
y |
y |
|
Foster-Adopt |
y |
y |
y |
y |
|
Parent |
|
|
y |
y |
|
Minnesota provides Abuse and Neglect searches:
Wait Time for Criminal Records Results
Wait time for fingerprint results are:
Live Scan or other technology
- State: Not Offered
- Local/County: Not Offered
Manually - Fingerprint Card
- State: Not Offered
- Local/County: Not Offered
Verification of Criminal Records Results
All federal and state background study results are reviewed by DHS staff. The results of the background study (including non-disqualifying criminal and/or maltreatment information) are provided to the county or private child placing agency.
Period of Time the Checks are Valid