Hello....

Sorry if this has been addressed before, I ran a search and came up empty.

Would a felony conviction for tax fraud preclude one from adopting or fostering in California? The conviction was in 2000 for the tax year 1995. Probation was completed in 2005 and all restitution has been paid. No other convictions prior or since.

Thanks!

Laurel

Statutes:

Website for Statutes:
http://www.leginfo.ca.gov/calaw.html
Citations:
Adoption: Family Code, Division 13; Health and Safety Code, Division 102, Chapter 5; Welfare and Institutions Code, Division 9, Part 4, Chapters 2, 2.1, 2.2, and 2.6
Child Protection: Penal Code, Part 1, Title 9, Chapters 1 & 2; Welfare and Institutions Code, Division 9, Part 6, Chapters 11, 12, and 12.5
Child Welfare: Family Code, Division 12, Part 3, Chapter 5; Part 5; Part 6. Welfare and Institutions Code, Division 2, Part 1, Chapter 2, Articles 6 through 13.5; Division 2; Chapter 4; Division 9, Part 4, Chapters 1, 2.5, 3, and 5; Part 4.4; Division 9, Part 6, Chapters 4. 4.5, and 6.2


Regulation/Policy


Website for Agency Policies: http://www.dss.cahwnet.gov/ord/CDSSManual_240.htm
Note: See Division 11: Foster Care, and Division 31: Child Welfare Services Manual

Other Resources

Department of Social Services
Online California Code of Regulations, Title 22, Divisions 2, 6, and 12 (CDSS/Community Care Facilities Licensing Manuals)
http://www.dss.cahwnet.gov/ord/CCRTitle22_715.htm


Requirements for Adoptive Parents
Citation: Fam. Code �� 8712; 8730; 8811; 8908


Fingerprinting and a criminal records check of a prospective adoptive parent are required as part of the investigation for agency adoptions, independent adoptions, and intercountry adoptions.
The department or licensed adoption agency shall require each person filing an application for adoption to be fingerprinted and shall secure from an appropriate law enforcement agency any criminal record of that person to determine whether the person has ever been convicted of a crime other than a minor traffic violation. The department or licensed adoption agency may also secure the person's full criminal record, if any.
The criminal record, if any, shall be taken into consideration when evaluating the prospective adoptive parent, and an assessment of the effects of any criminal history on the ability of the prospective adoptive parent to provide adequate and proper care and guidance to the child shall be included in the report to the court.
Any fee charged by a law enforcement agency for fingerprinting or for checking or obtaining the criminal record of the applicant shall be paid by the applicant.
If a prospective adoptive parent of a child is a foster parent with whom the child has lived for a minimum of 6 months or a relative caregiver who had an ongoing and significant relationship with the child, a criminal background check is required for the prospective adoptive parent as part of the home study.



Requirements for Foster Parents
Citation: Health & Safety Code � 1522; Welf. & Inst. Code � 309


Fingerprint identifications and FBI and State criminal records checks are required for a prospective foster parent and any person, other than a client, residing in the residence.
The department shall determine whether the applicant or any adult member of the applicant�s household has ever been convicted of a crime other than a minor traffic violation or arrested for any crime specified in � 290 of the Penal Code, for violating �� 245, 273.5, 273a(b), or 273a(2) of the Penal Code, or for any crime for which the department cannot grant an exemption if the person was convicted and has not been exonerated.
The offenses referenced above include:
Offenses for which a person must register with the sex offender registry, including kidnapping, rape, sodomy, sexual battery, child pornography, and child sexual exploitation
Assault with a deadly weapon
Infliction of injury on a present or former spouse or cohabitant or parent of a child
Endangering a child or causing or permitting a child to suffer physical pain, mental suffering, or injury
A criminal records check must be conducted for any able and willing relative or nonrelative extended family member requesting temporary placement of the child.

Thank you, that was very helpful!!

Laurel