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Kane writes:
Kane..... I KNOW it is. That doesn't mean it's a full crim check and it sure as hell isn't FBI interstate such as foster and adoptive applicants have to have if they have lived outside their present state of residence in the past five years....(varies from state to state I believe). ( I was referring to NCIC bg checks he denies are run on anyone below) Doug...... "NCIC background checks are not run on ANY principal, client or foster or guardian applicant. CPS in my jurisdiction is not allowed access the the FBI's database (NCIC). So, point out to him that post from a WA vendor, a "jackleg" apparently. who claims: "Background checks are multilayered and unnecessarily complex. As many as four state and private agencies can be involved in one request. If the applicant has lived out of state any time during the past three years, fingerprints also are required. The Washington State Patrol then conducts an FBI check. Now, we have five agencies involved." Hi, Kane! Fern's post or the article she quotes does not in any way dispute my claim that CPS cannot and does not run NCIC checks. Nor does CPS run these NCIC checks through law enforcement agencies. CPS is not a law enforcement agency and therefore denied access to NCIC by the FBI. Doug |
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NCIC?
I signed a permission to do a background check with the FBI when I apped to foster. If NCIC is a background check with the FBI then DFS most certainly DOES do them. "Doug" wrote in message ... Kane writes: Kane..... I KNOW it is. That doesn't mean it's a full crim check and it sure as hell isn't FBI interstate such as foster and adoptive applicants have to have if they have lived outside their present state of residence in the past five years....(varies from state to state I believe). ( I was referring to NCIC bg checks he denies are run on anyone below) Doug...... "NCIC background checks are not run on ANY principal, client or foster or guardian applicant. CPS in my jurisdiction is not allowed access the the FBI's database (NCIC). So, point out to him that post from a WA vendor, a "jackleg" apparently. who claims: "Background checks are multilayered and unnecessarily complex. As many as four state and private agencies can be involved in one request. If the applicant has lived out of state any time during the past three years, fingerprints also are required. The Washington State Patrol then conducts an FBI check. Now, we have five agencies involved." Hi, Kane! Fern's post or the article she quotes does not in any way dispute my claim that CPS cannot and does not run NCIC checks. Nor does CPS run these NCIC checks through law enforcement agencies. CPS is not a law enforcement agency and therefore denied access to NCIC by the FBI. Doug |
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"WitchWirsen" wrote in message news:bFq5d.119043$D%.4421@attbi_s51... NCIC? I signed a permission to do a background check with the FBI when I apped to foster. If NCIC is a background check with the FBI then DFS most certainly DOES do them. 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. Ron "Doug" wrote in message ... Kane writes: Kane..... I KNOW it is. That doesn't mean it's a full crim check and it sure as hell isn't FBI interstate such as foster and adoptive applicants have to have if they have lived outside their present state of residence in the past five years....(varies from state to state I believe). ( I was referring to NCIC bg checks he denies are run on anyone below) Doug...... "NCIC background checks are not run on ANY principal, client or foster or guardian applicant. CPS in my jurisdiction is not allowed access the the FBI's database (NCIC). So, point out to him that post from a WA vendor, a "jackleg" apparently. who claims: "Background checks are multilayered and unnecessarily complex. As many as four state and private agencies can be involved in one request. If the applicant has lived out of state any time during the past three years, fingerprints also are required. The Washington State Patrol then conducts an FBI check. Now, we have five agencies involved." Hi, Kane! Fern's post or the article she quotes does not in any way dispute my claim that CPS cannot and does not run NCIC checks. Nor does CPS run these NCIC checks through law enforcement agencies. CPS is not a law enforcement agency and therefore denied access to NCIC by the FBI. Doug |
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"Doug" wrote in message ...
Kane writes: Kane..... I KNOW it is. That doesn't mean it's a full crim check and it sure as hell isn't FBI interstate such as foster and adoptive applicants have to have if they have lived outside their present state of residence in the past five years....(varies from state to state I believe). ( I was referring to NCIC bg checks he denies are run on anyone below) Doug...... "NCIC background checks are not run on ANY principal, client or foster or guardian applicant. CPS in my jurisdiction is not allowed access the the FBI's database (NCIC). So, point out to him that post from a WA vendor, a "jackleg" apparently. who claims: "Background checks are multilayered and unnecessarily complex. As many as four state and private agencies can be involved in one request. If the applicant has lived out of state any time during the past three years, fingerprints also are required. The Washington State Patrol then conducts an FBI check. Now, we have five agencies involved." Hi, Kane! Hi, Doug. 0:- Fern's post or the article she quotes does not in any way dispute my claim that CPS cannot and does not run NCIC checks. Nor does CPS run these NCIC checks through law enforcement agencies. R R R ...sure Doug...and instead of doing something useful like clarifying your self or asking ME to so that those seeking more accurate and effective information in their fight against CPS you are going to split hairs. Yes, Doug you are right. I mispoke, using what amounts to or would in verbal communication, a quick shorthand....when I said "CPS gets a federal BG check on foster families that have lived out of state x number of years." CPS is not a law enforcement agency and therefore denied access to NCIC by the FBI. Yep...no direct access...and I didn't make that claim, only that they get bg checks from NCIC, and that doesn't for a moment stop CPS from requesting, and getting, as a perfectly routine thing, for YEARS NOW, their local LEAs to submit the forms to NCIC. Doug, there are posters here and that have come here that have had it happen. Have you any possible excuse for being misleading like this, other than possible ignorance, or an overwhelming desire to play "discredit someone that giveS ACCURATE INFORMATION SO FAMILIES WON'T FIND OUT THE TRUTH?" You are developing a pattern here. And by now, two years of this, it's becoming all too obvious you are up to something, and that something the readers are getting closer figuring out in time. Stick around. They NEED to know who and what you are. Doug Yeah, Douggie. Duplicitious, Dumb, and Wrong, all on the same topic. You're a whiz. Now zip your pants. CPS GETS the results of those bg checks and uses them. What is the difference for all practical purposes of folks reading here, WHO PROCESSES THEM FOR CPS? They still come back from NCIC and the FBI. http://www.casanet.org/program-manag...volunteers.htm Notice, this is NOT a law enforcement agency. "National criminal record database There is no national database of criminal records which you can access directly. Many state and local law enforcement agencies and courts send criminal records to the FBI's National Crime Information Center (NCIC). Only law enforcement personnel can access this information. Many states will obtain information for you from these national record searches. These searches can provide another added level of assurance, especially when an individual has lived in more than one jurisdiction. However, while the system is national in scope, it does not cover all criminal convictions." Look at this entry in the GEORGIA DIVISION OF FAMILY AND CHILDREN SERVICES SOCIAL SERVICES SUPERVISOR'S HANDBOOK: http://dfcs.dhr.georgia.gov/vgn/imag...rshandbook.pdf "Re-Evaluation of the Foster Home 1015.17 The County Director must review/approve all reevaluations of foster homes prior to the current approval's expiration. The supervisor must review and sign the re-evaluation before it is submitted to the county director. Good Practice: The supervisor should maintain a tracking system to keep up with criminal records checks, physical exams, etc. IDS should be checked monthly regarding annual re-evaluation due dates. Supervisors must ensure that any foster home used is in approval status. [[[[[[The county director must grant a waiver when fingerprints have been submitted twice to GCIC and NCIC for processing but have been rejected as "unreadable." (Note: After the second rejection, the home can be granted full approval status if all other requirements have been met.)"]]] Now Doug, if NCIC bgs weren't being done by CPS (though LEAs) then why in hell would there be a directive on how to handle a poorly composed one that's unreadable....and not even requiring director waiver until the third bad one, eh? Oh, and while I was compiling my research on this NCIC issue, I ran across yet another one of these: http://www.sao17.state.fl.us/grandjury.htm "In addition, DCF expanded its staff of Protective Investigators and of Family Services Counselors both here and in Dade and Palm Beach Counties" Yeah, Douggie there are no non-casecarrying dedicated specialist investigators in CPS.0:- And back to NCIC: Here's Michigan's, doing exactly what I claim...getting an NCIC through their local LEAs. http://www.mfia.state.mi.us/olmweb/ex/cfa/732-50.pdf Hell, they are even doing it trough computer terminals in their own child welfare offices: "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 "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." Lemme show you how long this NCIC access by the state for checking backgrounds of foster applicant's has been around...notice in the draft of a bill of amendments the language being used. http://www.le.state.ut.us/~1997/bill...r/HB0307S2.htm " 62A-4a-413. Agencies and individuals providing services to children -- Felony or misdemeanor conviction. (1) (a) As of July 1, 1990, each public or private agency or individual licensed by the department to provide child care services, child placing services, youth programs, substitute, foster, or institutionalized care to children shall, in order to obtain or renew a license under Section 62A-2-108, submit to the department the name and other identifying information, which may include fingerprints, of new and proposed: (i) owners; (ii) directors; (iii) members of the governing body; (iv) employees; (v) providers of care; and (vi) volunteers, except parents of children enrolled in the programs. (b) The Law Enforcement and Technical Services Division of the Department of Public Safety shall process that information to determine whether the individual has been convicted of any crime. (c) As of July 1, 1997, persons described in Subsection (1)(a) may also be subject to a - 20 - complete Federal Bureau of Investigation criminal background check through the national criminal history system (NCIC) if they provide out-of-home care for children, in accordance with Section 78-3a-307.1. If an FBI fingerprint background check is required pursuant to Section 78-3a-307.1, the provider may be provisionally licensed." Doug, I've been doing this for a very long time...I HAVE been wrong before and corrected myself..that's how I learn. If your RIGHT I'd admit it, thank you for giving me more accurate information, and value it for what I used to do...supporting relatives. It was they who first turned me on to the use of NCIC to get bg checks on them. They got a copy of their processed and NCIC notated form back...FROM CPS...via the FOIA...for the express purpose of asking my advice on how to deal with an upcoming interview by a supervisor and worker on the issue of them having a juvenile felony record for assualt (yep, everyong things JR records for ever closed...NO THEY ARE NOT...wanna nother argument me?) ..when they got into a bitch slapping fight as a teen in the school cafeteria. And I read OVER THE ENTIRE FORM FROM NCIC that you say doesn't exist, and couched them on how to put the best face on how they had worked to overcome this behavior and the resulting conviction..etc etc etc. Now Doug, you can tell me I didn't, but that isn't going to change my memory, or the card of thanks in my file cabinet about five feet behind me. Nor the experience of the family. And Doug, I WAS an employee of a child treatment agency with custody of children who were wards of the state. I have personally filled OUT the form for an NCIC bg check. I filled out one when I offered to do some volunteer work for a state child welfare agency just a year ago. I didn't follow through and actually DO any because the drive is too damn long from here, but I got the fingerprints, submitted the NCIC based form, and in about 10 days I got an ID badge on a little string to put around my neck. Obviously I had a clean criminal background check. You amaze me with your obstinate hubris. Is it THAT important to you to attack my credibility in ways this stupid? When information refuting you, as I have provided so many times and yet again today, is so easy to come by? Here's yet another referance to foster parents and national criminal background check: http://www.gao.gov/archive/1997/gg97032.pdf "For selected job positions, organizations, or local jurisdictions in the five study states, we found that national checks detected some applicants with criminal histories who may not have been detected by less comprehensive practices, including state background checks. Perhaps the most dramatic example occurred in 1996 in Tennessee, where four children were removed from a foster care placement after a national check showed that the foster parent had a previous conviction in Alabama for enticing a child into his home for immoral purposes. Due to an absence of reporting requirements, we were unable to obtain comprehensive statistics on the use and results of national fingerprint background checks in the five states we studied." and; "• Fingerprint searches of prospective foster parents in Tennessee during the period October 1995 through May 1996 showed that 120 (or 9.3 percent) of 1,293 applicants had criminal felony records. Of the 120 criminal history records, 58 involved out-of-state records, which were not identifiable based solely upon a search of Tennessee records. • In Texas, a local nonprofit youth-serving organization requested a total of 98 national fingerprint-based checks from August 1, 1995, through July 17, 1996. One applicant was rejected as a volunteer, in part, because the criminal history records showed a drug possession conviction." and from nearly 10 years ago; "Under a Tennessee law, which took effect in January 1994 (see app. II), child welfare agencies can require state and national fingerprint-based background checks on all persons applying to work with children. In October 1995, the Tennessee Department of Human Services started requiring such checks on prospective foster care parents and social services employees who will be working with children. From October 1995 through May 1996, the Tennessee Department of Human Services requested 1,293 state and FBI fingerprint checks for foster care applicants and social services employees." and; "Further, 535,941 (or 47 percent) of the total requests for criminal history searches were accompanied by fingerprint cards, which the Department [Florida Department of Law Enforcement] forwarded to the FBI for national checks.3" ....which is in reference to: "One exception is the Florida Department of Health and Rehabilitative Services, which is responsible for licensing and certifying facilities for the care of children. During 1995, this department requested over 100,000 national background checks." So tell us again how CPS can't and doesn't obtain national criminal background checks from the FBI. Doug, I once had heat from a state CPS agency when I had mentioned to a relative foster applicant that their certification might be being held up by, "the FBI criminal background check" because I knew they had lived out of state in the pats five years (statute based limitations in that state REQUIRING AN FBI NCIC CHECK) and the lady, a most assertive lady, called the local FBI office and requested they speed up her bg check. R R R RR .. The CPS regional manager that chatted with me about...remonstrated actually and asked me NOT to sick my families on the FBI...was cackling the whole time. Doug, I know I'm exaggerting when I say this, but it's from my heart so I'll indulge myself....you KNOW DAMN NEAR NOTHING ABOUT CPS FIELD PRACTICE AND YOU FOIST YOUR LIMITED AND MISLEADING GARBAGE ON THIS NG AS THOUGH YOU ARE SOME KIND OF SAVIOUR OF FAMILIES. You are more likely a recruiter for one or more of the anti CPS looney organizations. Looking for clients and membership enrollments. Am I right? Ferns a ****in' pimp and you, taking advantage of vulnerabilities, just shanghai people into joining up..when they would be better served getting real help. How close to right am I here? When are you going to admit what you are actually doing in this ng? Hell, the attorney trolling here for "falsely" accused dad clients is more honest than you. I believe one of the claims I've made regarding people such as you on this ng is that of being "phonies." I'd say I'm coming closer to the mark in proving that all the time...wouldn't you? Have a nice day, sir! Kane |
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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. 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 |
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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 |
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"Doug" wrote in message ... 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. Well Doug, being a law enforcement agency is not a requirement for having access to the NCIC database, I had one when I was in the military (not a personal one, but one in my office). Additionally, CPS as a government agency, can contract with any of the state agencies that have current access (i.e. State Patrol) to conduct NCIC checks. I don't know for a fact that this is what they do, but a fingerprint check kind of indicate to me that this is a small part of their total required background checks. In any case, NCIC is primarily for checking to see if an individual has warrants out for them or if a car or other property is stolen, and missing persons. And as you so often point out, one is innocent until proven guilty in a court of law. Having a warrant out on you for something is not enough to preclude one from becoming a foster parent. 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. "NCIC is a computerized index of criminal justice information (i.e.- criminal record history information, fugitives, stolen properties, missing persons). It is available to Federal, state, and local law enforcement and other criminal justice agencies and is operational 24 hours a day, 365 days a year. PURPOSE: The purpose for maintaining the NCIC system is to provide a computerized database for ready access by a criminal justice agency making an inquiry and for prompt disclosure of information in the system from other criminal justice agencies about crimes and criminals. This information assists authorized agencies in criminal justice and related law enforcement objectives, such as apprehending fugitives, locating missing persons, locating and returning stolen property, as well as in the protection of the law enforcement officers encountering the individuals described in the system. ACCESS CONSTRAINTS: All records in NCIC are protected from unauthorized access through appropriate administrative, physical, and technical safeguards. These safeguards include restricting access to those with a need to know to perform their official duties, and using locks, alarm devices, passwords, and/or encrypting data communications. USE CONSTRAINTS: Users of the NCIC system will be restricted to only those privileges necessary to perform an authorized task(s)." http://www.fas.org/irp/agency/doj/fbi/is/ncic.htm All of this information is available from other sources, but use of the NCIC database is far simpler than running around to all the different places to get it all. All one needs is an official reason to access the data, and the ability to make the connection. That the FBI refused one state's CPS agency request for access may not be sufficient, they will eventually be required to provide that access, but at a restricted level (as outlined in the passages above) so that each state's CPS offices can do their job better. What is the concern with this? Afraid that they will find out more easily about bio-parents than their current methods? I was under the impression that you wanted to make CPS more efficient Doug, what made you change your mind? Ron ----------------- Bureau says state agency cannot use its database to conduct background checks on family guardians. 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 |
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"Ron" wrote in message news:SCB6d.18127$3n.11349@okepread06... Having a warrant out on you for something is not enough to preclude one from becoming a foster parent. Does the US have an extradition treaty with fosterland? |
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"WitchWirsen" wrote in message news:bFq5d.119043$D%.4421@attbi_s51... NCIC? I signed a permission to do a background check with the FBI when I apped to foster. If NCIC is a background check with the FBI then DFS most certainly DOES do them. States do vary in the extent of the criminal background checks that are done on the potential foster parents. They do require that one signs permission for them to perform a check. In the alternative, some agencies require the candidate to provide a certified copy for them. Some agencies only check in the State one lives in, depending upon the length of time of their residency. Of course, they check with the sexual offender registry as well. Most agencies also require a DMV record check. These are usually done through the State law enforcement agencies, where they go to get their information would depend upon factors that is individual to each DHS agency. Sherman. |
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