(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.

(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.

(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.

Sec. 4. 25 MRSA §1542-A, sub-§1, ¶G, as amended by PL 1999, c. 260, Pt. B, §7 and affected by §18, is further amended to read:

G. Who is a teacher or educational personnel applicant subject to Title 20-A, section 6103; or

Sec. 5. 25 MRSA §1542-A, sub-§1, ¶H, as enacted by PL 1999, c. 260, Pt. B, §8 and affected by §18, is amended to read:

H. Charged with the commission of a juvenile crime.;or

Sec. 6. 25 MRSA §1542-A, sub-§1, ¶I is enacted to read:

I.__Who is a prospective adoptive parent not the biological parent as required under Title 18-A, section 9-304, subsection (a-1).

Sec. 7. 25 MRSA §1542-A, sub-§3, ¶H is enacted to read:

H.__The State Police shall take or cause to be taken the fingerprints of the person named in subsection 1, paragraph I, at the request of that person and upon payment of the expenses specified under Title 18-A, section 9-304, subsection (a-1), paragraph (2), subparagraph (iii).

Sec. 8. 25 MRSA §1542-A, sub-§4, as amended by PL 1999, c. 791, §7, is further amended to read:

4. Duty to submit to State Bureau of Identification. It is the duty of the law enforcement agency taking the fingerprints as required by subsection 3, paragraphs A, B and G to transmit immediately to the State Bureau of Identification the criminal fingerprint record. Fingerprints taken pursuant to subsection 1, paragraph C, D, E or F or pursuant to subsection 5 may not be submitted to the State Bureau of Identification unless an express request is made by the commanding officer of the State Bureau of Identification. Fingerprints taken pursuant to subsection 1, paragraph G must be transmitted immediately to the State Bureau of Identification to enable the bureau to conduct state and national criminal history record checks for the Department of Education. The bureau may not use the fingerprints for any purpose other than that provided for under Title 20-A, section 6103. The bureau shall retain the fingerprints, except as

provided under Title 20-A, section 6103, subsection 9. Fingerprints taken pursuant to subsection 1, paragraph I must be transmitted immediately to the State Bureau of Identification to enable the bureau to conduct state and national criminal history record checks for the court.

SUMMARY

This bill is a recommendation of the Family Law Advisory Commission.

This bill requires prospective adoptive parents to undergo a background check prior to finalization of the adoption. The probate judge shall request the Department of Human Services to review the child protective files and shall request the State Bureau of Identification to run a criminal history background check. The cost of reviewing the child protective services files by the Department of Human Services will be included in the adoption filing fee. The criminal history background check is based on the prospective adoptive parent's fingerprints and includes both Maine conviction data and national criminal history information from the Federal Bureau of Investigation. The State Police will identify appropriate local law enforcement agencies to take the fingerprints. The cost of doing the background checks will be included in the adoption petition filing fee.

The Department of Human Services and the State Police will report back to the probate judge with the results of the child protection records check and the criminal history background check. The probate judge will use the information obtained to determine if the adoption is in the best interests of the child. The information is confidential and can not be used for any other purposes, except in compliance with the mandatory child abuse reporting requirements.

If one of the prospective adoptive parents is the child's biological parent, that person is not required to undergo the background check.