An Act To Limit Charges for Fingerprinting Performed for Certain Criminal History Background Checks
Sec. 1. 18-A MRSA §9-304, sub-§(a-1), as amended by PL 2003, c. 575, §1, is further amended to read:
(i) If the court has a report that provides sufficient, current information, the court may waive the requirement of a study and report.
(ii) If the petitioner is a blood relative of the child, the court may waive the requirement of a study and report.
(i) The criminal history record information obtained from the Maine Criminal Justice Information System must include a record of Maine conviction data.
(ii) The criminal history record information obtained from the Federal Bureau of Investigation must include other state and national criminal history record information.
(iii) Each prospective parent who is not the biological parent of the child shall submit to having fingerprints taken. The State Police, upon receipt of the fingerprint card, may charge the court for the expenses incurred in processing state and national criminal history record checks. The State Police shall take or cause to be taken the applicant's fingerprints and shall forward the fingerprints to the State Bureau 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. If a prospective parent who is fingerprinted pursuant to this subparagraph must be fingerprinted a 2nd or subsequent time, the court shall pay for that fingerprinting.
(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 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 reasonable period of time and the court is satisfied that nothing new that would be included in the background check has transpired since the last background check.
This subsection does not authorize the court to request a background check for the biological parent who is also the current legal parent of the child.
Sec. 2. 18-A MRSA §9-304, sub-§(a-2), as enacted by PL 2003, c. 575, §2, is amended to read:
(i) The criminal history record information obtained from the Maine Criminal Justice Information System must include a record of Maine conviction data.
(ii) The criminal history record information obtained from the Federal Bureau of Investigation must include other state and national criminal history record information.
(iii) Each prospective parent who is not the biological parent of the child shall submit to having fingerprints taken. The State Police, upon receipt of the fingerprint card, may charge the department for the expenses incurred in processing state and national criminal history record checks. The State Police shall take or cause to be taken the applicant's fingerprints and shall forward the fingerprints to the State Bureau 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. If a prospective parent who is fingerprinted pursuant to this subparagraph must be fingerprinted a 2nd or subsequent time, the department shall pay for that fingerprinting.
(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 department 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 department are for official use only and may not be disseminated outside the department except to a court considering an adoption petition under subsection (a-1).
Sec. 3. 25 MRSA §1541, sub-§7, as enacted by PL 1999, c. 110, §3, is amended to read:
Sec. 4. 25 MRSA §1542-A, sub-§1, ¶H, as amended by PL 2001, c. 52, §5, is further amended to read:
Sec. 5. 25 MRSA §1542-A, sub-§1, ¶I, as enacted by PL 2001, c. 52, §6, is amended to read:
Sec. 6. 25 MRSA §1542-A, sub-§1, ¶J is enacted to read:
Sec. 7. 25 MRSA §1542-A, sub-§3, ¶H, as enacted by PL 2001, c. 52, §7, is amended to read:
SUMMARY
This bill specifies that if a prospective adoptive parent or an applicant for a license for a family foster home is required to be fingerprinted a 2nd or subsequent time pursuant to court or department procedures, the state entity requiring the subsequent fingerprinting shall pay the costs of that fingerprinting.