Child Placing Agency Letter #2002-03

October 4, 2002

                 Child Placing Agencies and Juvenile Courts Which Certify Foster Homes for LicensureTO:

Foster Home Licenses for Individuals on the Central Registry for Children?s Protective Services  SUBJECT: 

Upon receipt            EFFECTIVE DATE: 

Effective immediately, the Bureau will not consider an individual for an original foster home license if the person, or an adult member of their household, is listed on the Children?s Protective Services Central Registry as a perpetrator of child abuse or neglect.  No administrative review will be conducted to determine the suitability of individuals listed on the Central Registry. 

when any applicant or adult member of the household is identified as a perpetrator of child abuse or neglect.   Providing this information during orientation, and prior to giving an application, allows an individual on the Central Registry to choose to not apply for a license.WILL NOT BE ISSUED LICENSEBoth the Child Placing Agency Rules and the Foster Family Home Rules require orientation prior to the agency providing a person with an application.  It is critical for those individuals conducting orientation to make it clear that the agency will complete a check of the Central Registry for each adult member of the household and that a

The BRS 1326, the Licensing Record Clearance Request, will be completed in the same manner it has been completed in the past.  When the BRS 1326 is returned to the agency, if the Central Registry section indicates that there is a record for the person, the agency is to evaluate the information on the printout that is attached. 

When the birth date of a perpetrator is not known, Children?s Protective Services enters a birth date of ?01/01/2001? on the Central Registry.  When there is a name match for an applicant/licensee and a birth date of ?01/01/2001?, the BRS 1326 will be checked ?yes? in response to the question in Section III, ?Is Protective Services information on file??. If the printout indicates a name with a birth date of ?01/01/2001?, the agency is to make a determination if that is the same person as the applicant/member of the household identified on the BRS 1326.  If a determination is made that the person listed on the printout is a different person, an explanation of how that determination was made is to be written on the printout and attached to the BRS 1326 and sent with the BRS 3706, Licensing Transaction Record, to recommend the issuance of an original license.  ?Birth date does not match? is not a sufficient explanation.

The Children?s Protective Services? decision to place a licensee on Central Registry is based on a determination that there is a preponderance of evidence that either child abuse or neglect occurred and there is a high probability that the abuse or neglect will reoccur.  The Bureau of Family Services will not second-guess that determination.

If the applicant/member of the household disputes the findings of Children?s Protective Services, the person whose name is on Central Registry may request to have their name expunged from the Central Registry.  A written request should be sent to the Children?s Protective Services Supervisor in the county FIA office.  The supervisor will make a determination of whether the name will be expunged or not.  If the supervisor does not expunge the name from Central Registry, the situation will go to an administrative hearing through FIA.  If the name is expunged, the applicant/licensee should provide written documentation that the name has been expunged.

When the BRS 1326 is received at the agency indicating that an applicant/licensee is listed on Central Registry, the agency is to proceed with the recommendation of disciplinary action, denial of issuance.

When Children?s Protective Services completes an investigation on a licensee/member of the household in a home that is currently licensed and places the individual on Central Registry, the certifying agency is to complete a special evaluation.  The individual has the option, as noted above, to request expungement from the Central Registry.  If the local office FIA supervisor does not grant the expungement, the agency is to proceed with a recommendation of disciplinary licensing action, either revocation or refusal to renew (if there is a pending renewal application).  There will be no administrative review process available to determine suitability of the person. 

If the local FIA supervisor denies the request for expungement from an applicant/licensee/member of the household, the agency is to proceed with the appropriate recommendation for disciplinary licensing action in a timely manner.  The agency is not to hold the recommendation pending an administrative hearing on expungement and subsequent decision by the administrative law judge.

If you have any questions about Child Placing Agency Letter #2002-03, please call your Central Office at (517) 373-8383.

Sincerely,

Carole Hakala Engle, Director

Bureau of Family Services