LD 1754
pg. 2
Page 1 of 3 An Act To Permit Background Checks on Prospective Adoptive Parents Page 3 of 3
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LR 2642
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of Identification so that the bureau can conduct state
and national criminal history record checks. Except for
the portion of the payment, if any, that constitutes the
processing fee charged by the Federal Bureau of
Investigation, all money received by the State Police for
purposes of this paragraph must be paid over to the
Treasurer of State. The money must be applied to the
expenses of administration incurred by the Department of
Public Safety.

 
(iv) The subject of a Federal Bureau of Investigation
criminal history record check may obtain a copy of the
criminal history record check by following the
procedures outlined in 28 Code of Federal Regulations,
Sections 16.32 and 16.33. The subject of a state
criminal history record check may inspect and review
the criminal history record information pursuant to
Title 16, section 620.

 
(v) State and federal criminal history record
information may be used by the court for the purpose of
screening prospective adoptive parents in determining
whether the adoption is in the best interests of the
child.

 
(vi) Information obtained pursuant to this paragraph
is confidential. The results of background checks
received by the court are for official use only and may
not be disseminated outside the court except as
required under Title 22, section 4011-A.

 
(vii) The expense of obtaining the information
required by this paragraph is incorporated in the
adoption filing fee established in section 9-301. The
Probate Court shall collect the total fee and transfer
the appropriate funds to the Department of Public
Safety and the department.

 
The department may, at any time before the filing of the petition
for adoption, conduct background checks pursuant to this
subsection for each prospective adoptive parent of a minor child
in its custody.__The department may adopt rules governing
background checks for prospective adoptive parents of minor
children in its custody.__Rules adopted pursuant to this
subsection are routine technical rules as defined in Title 5,
chapter 375, subchapter 2-A.

 
The court may waive the background check of a prospective
adoptive parent if a previous background check was completed by a
court or by the department under this subsection within a


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