Introduction
Becoming a foster or adoptive parent is a noble and rewarding endeavor, but the process involves careful scrutiny to ensure the safety and well-being of children. In Pennsylvania, the legal framework for this responsibility is outlined in 23 Pa.C.S. § 6344(c)(3), which delineates the grounds for denying employment or participation in foster and adoptive parenting programs. This blog post aims to shed light on the consequences of felony convictions and the implications they may have on individuals seeking to provide a loving home for children.
Grounds for Denial Based on Criminal History
Pennsylvania law is explicit in outlining circumstances under which an administrator may not hire or approve an applicant for foster or adoptive parenting roles:
Perpetrator of a Founded Report:
An applicant will be denied if the Department of Human Services verifies that the individual is named in the Statewide database as the perpetrator of a founded report committed within the five-year period immediately preceding verification. This underscores the commitment to preventing individuals with recent substantiated child abuse reports from assuming caregiving roles.
Conviction of Specific Offenses:
An administrator cannot hire an applicant if the individual’s criminal history record information indicates a conviction for specific offenses outlined in Title 18 (Crimes and Offenses) or their equivalents under federal law or the law of another state. These offenses include serious crimes such as criminal homicide, aggravated assault, stalking, kidnapping, rape, statutory sexual assault, and various sexual offenses against minors. The prohibition extends to attempts, solicitations, or conspiracies to commit these offenses.
Felony Offense under The Controlled Substance Act:
An employer, administrator, supervisor, or person responsible for employment decisions cannot hire or approve an applicant if the criminal history record information indicates a felony conviction under The Controlled Substance, Drug, Device and Cosmetic Act committed within the five-year period immediately preceding verification.
Implications of The Controlled Substance Act Convictions
The inclusion of felony offenses under The Controlled Substance Act emphasizes the importance of maintaining a drug-free environment in homes where children may be placed. Felony convictions related to controlled substances within the five-year window prior to verification may disqualify an individual from fostering or adopting children.
Conclusion
Prospective foster and adoptive parents must be cognizant of the stringent criteria outlined in 23 Pa.C.S. § 6344(c)(3) when it comes to criminal history. Felony convictions, especially those involving serious offenses or violations of The Controlled Substance Act, can have profound implications on the eligibility of individuals seeking to provide care and support to children in need. Understanding these criteria, seeking legal advice when necessary, and making informed decisions are essential steps in the journey toward becoming a foster or adoptive parent in Pennsylvania.
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