Missouri § 210.487 - Background checks for foster families, requirements — costs, paid by whom — rulemaking authority.

§ 210.487. Background checks for foster families, requirements — costs, paid by whom — rulemaking authority.

1.  The children's division of the department of social services may require fingerprint submissions to the Missouri state highway patrol for the purpose of conducting a state and federal fingerprint-based criminal background check.  When conducting investigations of persons for the purpose of foster parent licensing, the children's division shall:

(1)  Conduct a search for all persons over the age of eighteen in the applicant's household and for any child less than eighteen years of age residing in the applicant's home who the division has determined has been certified as an adult for the commission of a crime for evidence of full orders of protection.  The office of state courts administrator shall allow access to the automated court information system by the division.  The clerk of each court contacted by the division shall provide the division information within ten days of a request;

(2)  Obtain fingerprints for any person over the age of eighteen in the applicant's household and for any child less than eighteen years of age residing in the applicant's home who the division has determined has been certified as an adult for the commission of a crime.  The fingerprints and any required fees shall be sent to the Missouri state highway patrol's central repository.  The fingerprints shall be used for searching the state criminal records repository and shall also be forwarded to the Federal Bureau of Investigation for a federal criminal records search under section 43.540.  The Missouri state highway patrol shall notify the juvenile court or the division of any criminal history record information or lack of criminal history record information discovered on the individual.  Notwithstanding the provisions of section 610.120 to the contrary, all records related to any criminal history information discovered shall be accessible and available to the juvenile court or the division.  The highway patrol shall assist the division and provide the criminal fingerprint background information, upon request, under and in accordance with the provisions of section 43.540; and

(3)  Determine whether any person over the age of eighteen residing in the home and any child less than eighteen years of age residing in the applicant's home who the division has determined has been certified as an adult for the commission of a crime is listed on the child abuse and neglect registry.  For any children less than eighteen years of age residing in the applicant's home, the division shall inquire of the applicant whether any children less than eighteen years of age residing in the home have ever been certified as an adult and been convicted of or pled guilty or nolo contendere to any crime.

2.  Subject to appropriation, the total cost of fingerprinting required by this section may be paid by the state, including reimbursement of persons incurring fingerprinting costs under this section.

3.  The division may make arrangements with other executive branch agencies to obtain any investigative background information.

4.  The division may promulgate rules that are necessary to implement the provisions of this section.  Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.  This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2004, shall be invalid and void.

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(L. 2004 H.B. 1453 merged with S.B. 762, A.L. 2007 S.B. 84, A.L. 2013 S.B. 110, A.L. 2018 H.B. 1350 merged with S.B. 819, A.L. 2025 S.B. 71 merged with S.B. 81 & 174)

---- end of effective  28 Aug 2025 ----

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