---
kind: "section"
citation: "45 C.F.R. § 1356.30"
title: "45"
number: "1356.30"
heading: "Safety requirements for foster care and adoptive home providers."
url: "https://uscodex.org/cfr/45/1356.30"
---

# §1356.30. Safety requirements for foster care and adoptive home providers.

- (a) The title IV-E agency must provide documentation that criminal records checks have been conducted with respect to prospective foster and adoptive parents.
- (b) The title IV-E agency may not approve or license any prospective foster or adoptive parent, nor may the title IV-E agency claim FFP for any foster care maintenance or adoption assistance payment made on behalf of a child placed in a foster home operated under the auspices of a child placing agency or on behalf of a child placed in an adoptive home through a private adoption agency, if the title IV-E agency finds that, based on a criminal records check conducted in accordance with [paragraph (a)](#a) of this section, a court of competent jurisdiction has determined that the prospective foster or adoptive parent has been convicted of a felony involving:
  - (1) Child abuse or neglect;
  - (2) Spousal abuse;
  - (3) A crime against a child or children (including child pornography); or,
  - (4) A crime involving violence, including rape, sexual assault, or homicide, but not including other physical assault or battery.
- (c) The title IV-E agency may not approve or license any prospective foster or adoptive parent, nor may the title IV-E agency claim FFP for any foster care maintenance or adoption assistance payment made on behalf of a child placed in a foster home operated under the auspices of a child placing agency or on behalf of a child placed in an adoptive home through a private adoption agency, if the title IV-E agency finds, based on a criminal records check conducted in accordance with [paragraph (a)](#a) of this section, that a court of competent jurisdiction has determined that the prospective foster or adoptive parent has, within the last five years, been convicted of a felony involving:
  - (1) Physical assault;
  - (2) Battery; or,
  - (3) **A drug-related offense.**
- (d) [Reserved]
- (e) In all cases where the State opted out of the criminal records check requirement, as permitted prior to the amendments made by section 152 of Public Law 109-248, the licensing file for that foster or adoptive family must contain documentation which verifies that safety considerations with respect to the caretaker(s) have been addressed.
- (f) In order for a child care institution to be eligible for title IV-E funding, the licensing file for the institution must contain documentation which verifies that safety considerations with respect to the staff of the institution have been addressed.

## Notes

### Amendments

[65 FR 4090, Jan. 25, 2000, as amended at 77 FR 949, Jan. 6, 2012]

### Authority

Authority: 42 U.S.C. 620 et seq., 42 U.S.C. 670 et seq.; 42 U.S.C. 1302.

### Amendments

[65 FR 4090, Jan. 25, 2000, as amended at 77 FR 949, Jan. 6, 2012]