On Tue, 28 Sep 2004 21:35:45 -0400, "Doug" wrote:
.............something stinks in Indiana and or the reporters
article.....
Well, Doug really didn't say that. He should, of course. But instead
he's going to compound the error of misinformatino, caused by we
cannot know what.
Why he insists on doing this...focusing on ONE piece of information
that backs his claim, but ignores the many citations of state AND
FEDERAL SOURCES that disprove his claim I do not know.
I suspect we have seen a lot of this very kind of denial and arrogance
from him over the years.
Let's see if he carries this forward to a further embarrassment of
misinformation and ignorance....it's not as though I didn't already
give him plenty of information to show that CPS offices in state after
state do in fact have access to NCIC data...regardless of how they get
it...that is the crux, and it's used to assess foster parenting
applicants, as adoptive applicants, family and non family.
Yet he persists in his hubris....shaking head sadly
Ron writes:
They do DOJ checks here in Neb., as well as Registry checks and
fingerprints. I'd assume that they run those through the NCIC
Fingerprint
database. CPS can get its own connection to the NCIC system for
little
cost
since it is a state agency and has a reason to have it.
Hi, Ron!
CPS does criminal background checks in my jurisdiction as well as
every
other state that I know of. However, NONE of these CPS agencies do
NCIC
checks. As any worker can tell you, CPS is not a law enforcement
agency and
therefore does not have access to NCIC.
Indiana recently passed a reform law requiring CPS to run NCIC
background
checks on guardians and the FBI publicly denied access. This was
simply an
announcement of a long standing FBI policy. Any reader can contact
an FBI
spokesperson to varify.
-----------------
Bureau says state agency cannot use its database to conduct
background
checks on family guardians.
I believe you and the reporter are badly mistaken. And I believe that
it is a case of misinformation possibly given by a low level clerk in
an FBI office.
Or simply a misunderstanding.
A request for DIRECT access, as in a WAN connection, or Internet
accessed connection, is likely what is being denied, and everyone in
that state appears to be, at least connected to this story, ignorant
of the simple solution done by all other states that wish this
information.....simply submit it to local LE and have THEM do the bg
check.
That IS what other states have done, and it's what I have proven by
citation after citation in earlie posts on this subject.
http://www.ncacdss.org/ncacdss/Legis...AN11-11-03.htm
"We do not need to have to do county by county criminal checks---we
need to be able to access the National Criminal Investigation Center
(NCIC) so that we know immediately the criminal history of all
individuals with whom our children are placed and with whom our Social
Workers are dealing. We do not need children being placed at risk
because we can not get information and we do not want children to be
placed unnecessarily in Foster Homes because we can not check out
placements in timely manner. We do not need for there to ever by any
more Jose Rosado's out there. We never have to place children in
harm's way because we can not get access to criminal information that
is public information."
http://64.233.167.104/search?q=cache...ecks.+&hl=e n
"Qualifications
Prospective Foster should meet the following qualifications
* Passing an extensive criminal background check (NCIC)."
http://www.mfia.state.mi.us/olmweb/ex/cfa/732-50.pdf
"ADOPTION - ADOPTIVE FAMILY ASSESSMENT
ADOPTION SERVICES MANUAL STATE OF MICHIGAN
FAMILY INDEPENDENCE AGENCY
CFB 2003-002
2-1-2003
A verification must be conducted through DCIS, BRS, Child Welfare
Licensing of the current or former status as a foster home licensee.
Form BFS-1326, Licensing Record Clearance Request, may be used
for this purpose. Information received will also include LEIN
information,
but only criminal conviction records. See LEIN Document Disposal, for
retention of LEIN criminal history record information documents
received from DCIS, BFS, Child Welfare Licensing."
The above to establish this is an adoptive family bg check
requirement....and below, the access LEIN obtains:
"LEIN Overview (LEIN Information Available)
Child welfare programs have access to information on the LEIN through
FIA-based LEIN terminals in local offices. This access is governed by
an FIA agreement with the Michigan State Police. This access to
Michigan
LEIN information includes the following:
• Criminal histories
• Sex offenders
• Missing/wanted persons
• Prison and parole information
• Gun registration/permits
• Personal Protection Orders (PPO)
• Officer cautions
• Michigan Secretary of State information
• National Crime Information Center (NCIC) – warrants only from
other states
Note: Information not available to FIA is Canadian criminal history
information and criminal convictions from other states. This
information
is restricted to "criminal justice agencies."
Requesting a LEIN Clearance
A criminal record check must be conducted through LEIN for every
adult household member in the prospective adoptive family. A criminal
record check may also be conducted for any minor household member
if there is reason to believe that this information is necessary to
make a
decision regarding the adoptive family's suitability as an adoptive
placement.
LEIN information must be obtained through the FIA LEIN terminal
in the local office.
Form FIA-269, "Criminal History Information Request," must be used to
request LEIN clearances. The subject of any LEIN clearance must be
CFA 732-50 4 of 14 ADOPTION - ADOPTIVE FAMILY ASSESSMENT
ADOPTION SERVICES MANUAL STATE OF MICHIGAN
FAMILY INDEPENDENCE AGENCY
CFB 2003-002
2-1-2003
documented in the adoptive family assessment indicating the person's
role or relationship within the family. Form FIA-269, "Criminal
History
Information Request", must be filed with the adoptive family
assessment."
Indiana has been misinformed about access to NCIC.
In fact if you read the rest of the referenced document above you'll
find extensive information on how LEIN is used, and how the
information retrieved..as it says, from NCIC is to be destroyed after
use for making the adoptive family assessment.
Most states have guidelines that state that applicants who have lived
out of state within x numbers of years will be submitted to an NCIC
check..and the wording of the entry from the document above makes
clear why NCIC is used....it is the only source for this:
"• National Crime Information Center (NCIC) – warrants only from
other states"
You are wrong, and the reporter is wrong. One of you is misinformed,
the other a liar.
http://www.dss.mo.gov/cd/info/memos/2004/79/cd0479.pdf
"POLICY IMPACT 5.4.1 210.482.1-5 Emergency Placement Background Checks
Details emergency placement procedures of a child in a private home
due to unexpected absence of the child's parents. • Juvenile court and
CD may request local or state law enforcement to conduct name-based
criminal history record check, including full orders of protection and
outstanding warrants of each person over the age of 17 residing in the
home by using MULES and NCIC to access FBI information."
[ Note: CD stands for Children's Division in MO ]
http://64.233.167.104/search?q=cache...ecks.+ &hl=en
"Page 13
LEADS UPDATE
The Federal Bureau of Investigation (FBI) – in conjunction with the
National Crime Information Center (NCIC), the Ohio Bureau of Criminal
Identification and Investigation (BCII) and the Ohio Highway Patrol,
have all given the "green light" to Ohio's PCSA's to access LEADS –
The Law Enforcement Automated Database System. This access will
only be for cases where out-of-home placements are inevitable and an
immediate background screen is warranted on those members who are in
the receiving home.
Thus, access will be restricted to these types of "exigent
circumstances" only, and unauthorized use of LEADS can and will result
in criminal prosecution. There is a myriad of restrictions placed upon
access to LEADS information. Currently, there is a sub-committee of
PCSAO Legislative Committee Members looking at all of the
parameters of access for rural, small, medium, large and metro
counties. Preliminary discussion reveals that the feasibility of
implementation at the small to medium-sized county levels is a
definite reality, based clearly on logistics and number of families
served. However, LEADS access and usage at the large to metro county
level is much more challenging, and in many respects, logistically
complex and potentially cost prohibitive. A decision as to whether
MCCS will implement a LEADS protocol in this county will be
forthcoming in the next few months. (Once all of the data and
implementation strategies have been thoroughly reviewed as to their
operational value).
13
"
I presume you know what a "receiving home" is, Doug. Or should I
explain it to you? And notice, none of this is about FBI refusal to
allow access, but only to the costs that are prohibitive. Like some
states they most likely want to set up an inhouse access system.
I have a hunch how they can overcome the "law enforcement agency"
requirement problem, if it actually exists.
I know a number of ex police officers, some retired, that work for CPS
as caseworkers and supervisors. It would be a simple thing to have
them sworn in again as LEOs.
And finally, Doug. Do you remember when we were discussing the issue
of the federal assessment or evaluations (crudely referred to as an
Audit) of the states? 0:-
Have a gander at Mississippi's "Strength":
http://www.acf.hhs.gov/programs/cb/c.../ms/foster.htm
From the entry:
"Mississippi is in substantial conformity with the systemic factor
pertaining to Foster and Adoptive Parent Licensing, Recruitment and
Retention.
........[ jumping to ]......
Item 43.
The State complies with Federal requirements for criminal background
clearances as related to licensing or approving foster care and
adoptive placements and has in place a case planning process that
includes provisions for addressing the safety of foster care and
adoptive placements for children.
__X__ Strength _____ Area Needing Improvement
This item is rated as a Strength because the State complies with
Federal requirements for criminal background clearances as related to
licensing or approving foster care and adoptive placements.
According to the Statewide Assessment, Mississippi requires a criminal
background check from a local law enforcement agency prior to placing
a child in a home, even a relative home in an emergency situation.
During the licensing or approval process, criminal background checks
are obtained from the foster and adoptive applicant's local police and
sheriff's departments. Background checks are also obtained from the
National Criminal Information Center (NCIC). Documentation of the
background checks is obtained on all foster and adoptive parents
before approval. The licensure unit and the Division of Monitoring
verify this documentation.
Stakeholders commenting on this issue during the onsite CFSR were in
general agreement that criminal background checks are conducted for
all adults age 18 and older in licensed foster homes and for relative
caregivers. Stakeholders noted that the agency conducts central
registry and background checks with county law enforcement for
relative and non-relative homes. However, stakeholders expressed
concern that the agency relies too heavily on local and county sources
and does not conduct more extensive searches using statewide or FBI
databases."
So tell us again that states cannot access FBI databases?
You never learn do you, Doug.
I admire your persistance while I laugh at your presumptive arrogance
Have you any idea how you are starting to look to the readers here?
They can read, Doug. They see what I post. They KNOW you are
weaseling. Lately there is very little you have posted in opposition
that hasn't been just this sort of nonsense.
Just how far will you go before you admit you have screwed up badly?
Kane
By Eunice Trotter
June 26, 2004
The FBI has denied Indiana Child Protection Services access to its
criminal records database, thwarting caseworkers' ability to conduct
national background checks on relatives who want to provide a home
for
abuse or neglected children.
The background checks were to begin July 1, when a new law, House
Enrolled Act 1194, is scheduled to go into effect. The law requires
an
FBI criminal background check of everyone in a relative's home.
FBI officials formally notified the state this week that Child
Protection Services, or CPS, is not a criminal justice agency and
therefore is not eligible to access criminal records in the
Department
of Justice database.
The law puts family members who seek to take in children under more
scrutiny than foster parents.
"If the FBI won't let us have access to the information, then we
can't
get it," said state Rep. Dennis Avery, D-Evansville, author of the
law.
Local judges also have said CPS could not have access to juvenile
criminal records for the purpose of doing background checks, said
Avery.
As officials worked to digest the FBI decision, another blow to the
new law came Friday when the Indiana Civil Liberties Union, acting on
behalf of a child in foster care, filed a legal action to have the
child placed with relatives.
ICLU legal director Ken Falk said a motion was left Friday at Marion
County juvenile court, asking a judge to overturn a CPS decision to
place a child in foster care rather than with a relative. The
petitioner in the confidential filing is a court-appointed
representative for the unnamed child.
Falk said the organization wants the legal action to be decided on
behalf of all Indiana children who might be placed in foster care
instead of with suitable relatives.
"What this law would do, in effect, is make it much easier to place a
child with a stranger than with a relative," said Falk, adding that
only local background checks are performed on foster parents.
"Every single person in the system recognizes there are problems with
this law that have to be solved, but they won't be solved by next
Thursday," Falk said.
Marion County juvenile court Judge James W. Payne, who was
unavailable
for comment, has been a critic of the FBI background check provision.
He foresaw a bottleneck of children waiting in foster care and a
threat to the state's federal funding. Millions of dollars could be
lost if the state violates federal rules that prohibit state wards
from being in multiple placements.
Annette Biesecker, a lawyer for the Indiana Family and Social
Services
Administration, the state agency over CPS, said caseworkers will
continue to perform local background checks, including reviews of the
state's child abuse and neglect database.
She said the administration and other officials will continue to
propose changes in the law to help protect children by keeping them
out of the homes of unsuitable relatives.
"We agree it was a good bill, but it presents certain challenges that
under current law we cannot perform," she said. "We can't make the
FBI
give us the information."
Legislators and FSSA officials said they had thought accessing basic
FBI records through the Indiana State Police would have been
relatively simple, though at a cost of $39 per check.
But this method would have taken two or three months to complete for
each person in a household being investigated, and the information
would not have been adequate to determine whether a relative had been
convicted of one of 19 crimes included in the new law.
State Rep. David Orentlicher, D-Indianapolis, co-author of the law
and
a member of the Governor's Commission on Abused and Neglected
Children
and Their Families, said legislators will make changes to the law
during the coming session.
It is likely the revised law will require more thorough local checks,
which in some cases were not performed at all in the past, he said.
Cathleen Graham, who heads a statewide foster care association, said
her organization supports the intent of the legislation to better
protect children who are being placed with family members.
She said the new law likely will cause children to be moved to
several
foster homes.
"It is not a good thing for children to be repeatedly moved from
place
to place," Graham said.
Sharon Pierce, executive director of The Villages, the state's
largest
foster care agency, said changes to the bill are welcomed.
"I think then it could be a really positive tool to make sure
children's connections with families are not hurt."
http://www.indystar.com/articles/7/158035-9047-009.html