New York Criminal Background Checks/Abuse and Neglect Registry
Home Studies which Require Criminal / Perpetrator Record Checks
New York requires criminal background checks for the following home studies:
- Foster Care
- Relative-Foster Care
- Foster-Adopt
- Adoption
- Other, specified below
In addition to the applicant to be certified or approved as a foster or adoptive parent, all other adult household members or persons over the age of 18, residing in the home of such applicant must be checked.
************NOTE: In accordance with NYS Social Services Laws 424-a CPS background & 378-a Criminal Histories will NOT be conducted as a part of an unlicensed relative ICPC request in NYS. Fingerprint checks for criminal histories & Child Abuse histories are ONLY permitted/authorized & conducted for foster care & adoption requests. *****************
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
- Other, specified below
The first option is Live Scan. If, because of disability or inability to secure fingerprints, other options used, are fingerprint card or name search.
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:
Applicant will not be approved if the person has committed any of the following misdemeanor or felony offenses:
Where the applicant has:
(A) a felony conviction at any time involving: (i) child abuse or neglect; (ii) spousal abuse; (iii) a crime against a child, including child pornography; or (iv) a crime involving violence, including rape, sexual assault or homicide, other than a crime involving physical assault or battery; or
(B) a felony conviction within the past five years for physical assault or a drug-related offense.
Types of Checks (Crim. & Abuse Neglect Registry)
New York 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 |
|
Relative |
|
|
|
|
|
Relative Foster Care |
y |
y |
|
y |
|
Adoption |
y |
y |
|
y |
|
Foster-Adopt |
y |
y |
|
y |
|
Parent |
|
|
|
|
|
New York provides Abuse and Neglect searches:
Wait Time for Criminal Records Results
Wait time for fingerprint results are:
Live Scan or other technology
- State: 48-72 hours
- Local/County: Not Offered
Manually - Fingerprint Card
- State: 4-7 days
- Local/County: Not Offered
Verification of Criminal Records Results
- Actual results/information contained in the Criminal Background
Period of Time the Checks are Valid