Amendment #1 to H3668

An Act relative to fingerprint-based criminal record checks for adoptive and foster parents

The committee on Bills in the Third Reading recommends that the bill be amended Engrossed Bill relative to fingerprint-based criminal record checks for adoptive and foster parents (see House, No. 3668) being section 39 contained in the Engrossed Bill making appropriations for the fiscal year 2016 for the maintenance of the departments, boards, commissions, institutions and certain activities of the commonwealth, for interest, sinking fund and serial bond requirements and for certain permanent improvements (see House, No. 3650), which was returned by His Excellency the Governor pursuant to Article LVI with recommendation of amendment specified by him, (see Attachment E of  House, No. 3675)

 

Engrossed Bill relative to fingerprint-based criminal record checks for adoptive and foster parents (see House, No. 3668) being section 39 contained in the Engrossed Bill making appropriations for the fiscal year 2016 for the maintenance of the departments, boards, commissions, institutions and certain activities of the commonwealth, for interest, sinking fund and serial bond requirements and for certain permanent improvements (see House, No. 3650), which was returned by His Excellency the Governor pursuant to Article LVI with recommendation of amendment specified by him, (see Attachment E of  House, No. 3675)

 

Reports recommending that the amendment recommended by His Excellency the Governor be considered in the following form:

 

By striking out all after the enacting clause and inserting in place thereof the following:-

 

“SECTION 1.  Section 26A of chapter 119 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out subsections (a) and (b), and inserting in place thereof the following 2 subsections:-

 

(a) As part of the department’s licensing and background record check process, the department shall conduct fingerprint-based checks of the state and national criminal history databases for all applicants filing a request to become adoptive or foster parents as authorized by 42 U.S.C. section 16962.  All household members, age 15 or older, of any applicants filing a request to become adoptive or foster parents shall be subject to a fingerprint-based check of the state and national criminal history databases as authorized by Public Law 92-544.  Only authorized department staff may receive the results of checks of state and national databases under Public Law 92-544 and shall not further disseminate said results except as authorized under Public Law 92-544.  When the department obtains the results of checks of state and national criminal history databases, it shall treat the information according to sections 167 to 178, inclusive, of chapter 6 and the regulations thereunder regarding criminal offender record information.

 

(b) Fingerprints, as referenced in subsection (a), shall be submitted to the identification section of the department of state police for a state criminal history check and forwarded to the Federal Bureau of Investigation for a national criminal history check, according to the policies and procedures established by the identification section and by the department of criminal justice information services. Fingerprint submissions may be retained by the Federal Bureau of Investigation, the state identification section and the department of criminal justice information services to assist the department in its review of suitability for initial or continued approval of pre-adoptive or foster parents. Pursuant to 42 U.S.C section 16962, the department of criminal justice information services may disseminate the results of a state and national criminal history check to authorized department of children and families staff to determine the suitability of adoptive and foster parent applicants.  Pursuant to Public Law 92-544, the department of criminal justice information services may disseminate the results of a state and national criminal history check to authorized department of children and families staff to determine the suitability of the household members, age 15 or older, of adoptive and foster parent applicants.  If the department of children and families receives information from a fingerprint-based check that does not include a final disposition or is otherwise incomplete, the department may request that an applicant provide additional information to assist the department in determining the suitability of the individual for approval.

 

SECTION 2.  Said section 26A of said chapter 119, as so appearing, is hereby further amended by striking out subsection (e) and inserting in place thereof the following subsection:-

 

(e) The department shall promulgate regulations requiring: (i) applicants filing a request to become adoptive or foster parents to be subject to a fingerprint-based check of the state and national criminal history databases pursuant to 42 U.S.C. § 16962; the household members age 15 or older of any applicants, to be subject to a fingerprint-based check of the state and national criminal history databases pursuant to Public Law 92-544; and (iii) applicants and their household members age 15 or older to be subject to a sexual offender registry information check pursuant to sections 178I and 178J of chapter 6.  The regulations shall incorporate all fees associated with conducting fingerprint-based checks, under 42 U.S.C. section 16962 and Public Law 92-544, as set by the department.”