STATEMENT OF EMERGENCY

922 KAR 1:490E

 

††††† In accordance with KRS 13A.190(1)(a)3, this emergency administrative regulation is necessary to have in force and effect policies and procedures coinciding with the effective date of the 2017 Ky. Acts ch. 10. The new law allows for the placement of children removed from their homes of origin by the cabinet with fictive kin. In addition, this emergency administrative regulation is necessary in accordance with KRS 13A.190(1)(a)1 to ensure adequate child safety measures, namely background checks on this new provider group. An ordinary administrative regulation would not allow the agency to implement the background check requirements on fictive kin to coincide with the effective date of the 2017 Ky. Acts ch. 10. This emergency administrative regulation will be replaced by an ordinary administrative regulation. The ordinary administrative regulation is identical to this emergency administrative regulation.

 

MATTHEW G. BEVIN, Governor

VICKIE YATES BROWN GLISSON, Secretary

 

CABINET FOR HEALTH AND FAMILY SERVICES

Department for Community Based Services

Division of Protection and Permanency

(Emergency Amendment)

 

††††† 922 KAR 1:490E. Background checks for foster and adoptive parents, caretaker relatives, kinship caregivers, fictive kin, and reporting requirements.

 

††††† RELATES TO: KRS 17.500-17.580, 199.011(6), (9)[(7)], 199.462(1), 211.684, 600.020(28), (40), (61), (62)[(55), (56)], 605.090(1)(b), (6), 605.120, 605.130, 620.050(5), Chapter 625, 45 C.F.R. 1356.30, 42 U.S.C. 671(a)(20), 5106a

††††† STATUTORY AUTHORITY: KRS 194A.050(1), 199.462(4), 199.640(5), 605.120(5), (6), 605.130(4), 605.150

††††† EFFECTIVE: June 29, 2017

††††† NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the secretary to promulgate administrative regulations necessary to implement programs mandated by federal law, qualify for the receipt of federal funds, and necessary to cooperate with other state and federal agencies for the proper administration of the cabinet and its programs[program]. KRS 199.462(4) requires the cabinet to promulgate an administrative regulation for the purpose of requiring a criminal background investigation on behalf of a foster or adoptive parent applicant, an adult member of the applicant's household,[and] a caretaker relative, and fictive kin. KRS 605.150 authorizes the cabinet to promulgate administrative regulations to implement the provisions of KRS Chapter 605, including: (1) KRS 605.120(5) and (6) by which the cabinet is authorized to establish a program for kinship care; and (2) KRS 605.130(4) by which the cabinet shall perform such other services as may be deemed necessary for the protection of children. KRS 199.640(5) authorizes the cabinet to promulgate administrative regulations establishing basic standards of care and service for child-placing agencies relating to the health and safety of all children in the care of the agency. This administrative regulation establishes background check requirements for caretaker relatives, kinship caregivers, fictive kin, or applicants seeking to provide foster or adoptive services. Additionally, this administrative regulation imposes a stricter requirement than the federal mandate because the cabinet requires the denial of an applicant if: (1) a criminal record check conducted on behalf of an adult household member reveals physical abuse, battery, or a drug or alcohol-related felony within the previous five (5) year period or a felony involving a spouse, a child, sexual violence, or death; or (2) a child abuse or neglect check conducted by the cabinet reveals that a household member, twelve (12) years of age or older, committed sexual abuse or sexual exploitation of a child, has been responsible for a child fatality related to abuse or neglect, or has had parental rights terminated involuntarily.

 

††††† Section 1. Definitions. (1) "Address check" means a search of the Sex Offender Registry to determine if an address is a known address of a registered sex offender.

††††† (2) "Administrative review" means that the status of the individual subject to the child abuse and neglect check is pending the outcome of an:

††††† (a) Investigation or assessment in accordance with 922 KAR 1:330; or

††††† (b) Appeal concerning a cabinet substantiated finding of child abuse or neglect.

††††† (3) "Adolescent member of the household" means a youth who:

††††† (a) Resides in the home of:

††††† 1. An individual who applies for approval or has been approved to provide foster or adoptive services; or

††††† 2. A caretaker relative, fictive kin, or kinship caregiver;

††††† (b) Is age twelve (12) through age seventeen (17); and

††††† (c) Is not placed in the home by a state agency.

††††† (4)[(3)] "Adult member of the household" means an adult who:

††††† (a) Resides in the home of:

††††† 1. An individual who applies for approval or has been approved to provide foster or adoptive services; or

††††† 2. A caretaker relative, fictive kin, or kinship caregiver; and

††††† (b) Is eighteen (18) years of age or older.

††††† (5)[(4)] "Applicant" means an individual who applies for approval as a foster or adoptive parent of a child in the custody of the state under:

††††† (a) 922 KAR 1:350, Family Preparation; or

††††† (b) 922 KAR 1:310, Standards for Child-Placing Agencies.

††††† (6)[(5)] "Caretaker relative" means a relative[:(a)] with whom the child is, or shall be, placed by the cabinet[; and

††††† (b) Who is seeking to qualify as a kinship caregiver in accordance with 922 KAR 1:130].

††††† (7)[(6)] "Child fatality" is defined by KRS 211.684.

††††† (8) "Child-placing agency" is defined by KRS 199.011(6)[(7)].

††††† (9) "Fictive kin" is defined by KRS 199.011(9) and 600.020(28).

††††† (10)[(7)] "Kinship caregiver" means the qualified caretaker relative of a child with whom the child is placed by the cabinet as an alternative to foster care in accordance with 922 KAR 1:130.

††††† (11) "Near fatality" is defined by KRS 600.020(40) and 42 U.S.C. 5106a(b)(4)(A).

††††† (12)[(8)] "Sex Offender Registry" means the registration system for adults who have committed sex crimes or crimes against minors established in accordance with KRS 17.500 through 17.580.

††††† (13)[(9)] "Sexual abuse" is defined by KRS 600.020(60)[(55)].

††††† (14)[(10)] "Sexual exploitation" is defined by KRS 600.020(61)[(56)].

 

††††† Section 2. Background Checks Required for Foster or Adoptive Parent Applicants. (1) An applicant, and each adult member of the household, shall complete a DPP-157, Background Checks for Applicants or Foster/Adoptive Parents, and submit to:

††††† (a) An in-state criminal records check, conducted pursuant to KRS 199.462(1), by the:

††††† 1. Kentucky Justice and Public Safety Cabinet; or

††††† 2. Administrative Office of the Courts;

††††† (b) A child abuse or neglect check conducted by the cabinet for each state of residence during the past five (5) years;

††††† (c) A criminal records check conducted by means of a fingerprint check of the Criminal History Record Information administered by the Federal Bureau of Investigation[National Crime Information Database]; and

††††† (d) An address check of the Sex Offender Registry.

††††† (2) Prior to approval of an applicant, each adolescent member of the household shall complete a DPP-157 and submit to a child abuse or neglect check conducted by the cabinet.

††††† (3) A Kentucky child abuse or neglect check conducted by the cabinet shall identify the name of each applicant, adolescent member of the household, or adult member of the household who has:

††††† (a) Been found by the cabinet to have:

††††† 1.[(a)] Committed sexual abuse or sexual exploitation of a child;

††††† 2.[(b)] Been responsible for a child fatality or near fatality related to abuse or neglect;

††††† 3.[(c)] Abused or neglected a child within the seven (7) year period immediately prior to the application; or

††††† 4.[(d)] Had parental rights terminated; or

††††† (b) A matter pending administrative review. An individual subject to administrative review in accordance with this paragraph may submit an open records request in accordance with 922 KAR 1:510.

††††† (4) An applicant shall not be approved if:

††††† (a) A criminal records check reveals that the applicant, or adult member of the household, has a:

††††† 1. Felony conviction involving:

††††† a. A spouse, a child, sexual violence, or death as described by 42 U.S.C. 671(a)(20); or

††††† b. Physical abuse, battery, a drug, or alcohol within the five (5) year period prior to application;

††††† 2. Criminal conviction relating to child abuse or neglect; or

††††† 3. Civil judicial determination related to child abuse or neglect;

††††† (b) A child abuse or neglect check reveals that the applicant, adolescent member of the household, or adult member of the household, has been found to have:

††††† 1. Committed sexual abuse or sexual exploitation of a child;

††††† 2. Been responsible for a child fatality or near fatality related to abuse or neglect; or

††††† 3. Had parental rights terminated involuntarily in accordance with KRS 625.050 through 625.120 or another state's laws; or

††††† (c) An address check of the Sex Offender Registry and supporting documentation confirm that a sex offender resides at the applicantís home address.

 

††††† Section 3. Procedure for Requesting a Cabinet Child Abuse or Neglect Check, a Criminal Record Check, and an Address Check of the Sex Offender Registry. Prior to approval of an applicant, a child-placing agency shall request a child abuse or neglect check, a criminal records check, and an address check of the Sex Offender Registry by submitting to the cabinet:

††††† (1) A completed form, DPP-157, including the fee for a criminal background check; and

††††† (2) Documentation required to request a child abuse or neglect check from the child welfare agency in each previous state of residence, if the applicant or adult household member has resided outside of the state of Kentucky in the previous five (5) years.

 

††††† Section 4. Request for a Child Abuse or Neglect Check from Another State. (1) The cabinet shall conduct a child abuse or neglect check as required by 42 U.S.C. 671(a)(20) if[when] a:

††††† (a) Completed DPP-157 or DPP-159, Background Checks for Caretaker Relatives, Fictive Kin, or Kinship Caregivers, is submitted to the cabinet; or

††††† (b) Request is received on agency letterhead and includes two (2) numeric identifiers.

††††† (2) The cabinet shall:

††††† (a) Protect the confidentiality of the information transmitted by the cabinet to a child welfare agency; and

††††† (b) Waive the fee[requirements] specified in 922 KAR 1:470[, Section 3(4)].

 

††††† Section 5. Background Checks Required for a Caretaker Relative and Fictive Kin. (1) A caretaker relative, fictive kin, and each adult member of the household, shall complete a DPP-159 and submit to:

††††† (a) An in-state criminal records check, conducted pursuant to KRS 199.462(1)[and in accordance with 922 KAR 1:130,] by the:

††††† 1. Kentucky Justice and Public Safety Cabinet; or

††††† 2. Administrative Office of the Courts;

††††† (b) A child abuse or neglect check conducted by the cabinet;

††††† (c) An address check of the Sex Offender Registry; and

††††† (d) A criminal records check conducted by means of a fingerprint check of the Criminal History Record Information administered by the Federal Bureau of Investigation[National Crime Information Database] if the caretaker relative, fictive kin, or adult household member has lived outside the state of Kentucky during the past five (5) years.

††††† (2) An adolescent member of a caretaker relative's or fictive kinís household shall complete a DPP-159 and submit to a child abuse or neglect check conducted by the cabinet[in accordance with 922 KAR 1:130].

††††† (3) A child abuse and neglect check conducted by the cabinet in accordance with subsection (1)(b) or (2) of this section shall include any finding consistent with Section 2(3) of this administrative regulation.

††††† (4) A caretaker relative or fictive kin shall not be approved if a[an in-state] criminal records check, a child abuse and neglect check, or an address check of the Sex Offender Registry reveals a finding consistent with Section 2(4) of this administrative regulation.

 

††††† Section 6. Approval. (1) Except for the provisions of Section 2(4) or 5(4) of this administrative regulation, approval of an applicant, fictive kin, or caretaker relative who has been convicted of a nonviolent felony or misdemeanor, has been found by the cabinet or another child welfare agency to have abused or neglected a child, or whose parental rights have been terminated voluntarily, shall be handled on a case-by-case basis with consideration given to the:

††††† (a) Nature of the offense;

††††† (b) Length of time that has elapsed since the event; and

††††† (c) Applicantís life experiences during the ensuing period of time.

††††† (2) Except for the provisions of Section 2(4) or 5(4) of this administrative regulation, an applicant, fictive kin, or caretaker relative may be approved on a case-by-case basis in accordance with the criteria described by subsection (1)(a) through (c) of this section if:

††††† (a) An adolescent member of the household has:

††††† 1. Been found by the cabinet to have abused or neglected a child; or

††††† 2. Had parental rights terminated voluntarily in accordance with KRS 625.040 through 625.046 or another state's laws; or

††††† (b) An adult member of the household has:

††††† 1. Been convicted of a nonviolent felony or misdemeanor;

††††† 2. Been found to have abused or neglected a child; or

††††† 3. Had parental rights terminated voluntarily in accordance with KRS 625.040 through 625.046 or another state's laws.

 

††††† Section 7. Reevaluation. (1) An approved foster or adoptive parent and each adult member of the household shall submit annually, prior to or during the anniversary month of initial approval, to:

††††† (a) A criminal records check as described in Section 2(1)(a) of this administrative regulation;

††††† (b) A child abuse or neglect check conducted by the cabinet; and

††††† (c) An address check of the Sex Offender Registry.

††††† (2)(a) If an adult becomes a new member of an approved foster or adoptive parentís household, the new adult member of the household shall submit to background checks within thirty (30) calendar days of residence within the household in accordance with Section 2(1)(a) through (d) of this administrative regulation.

††††† (b) If an adult becomes a new member of a kinship caregiverís household, the new adult member of the household shall submit to background checks within thirty (30) calendar days of residence within the household in accordance with Section 5(1) of this administrative regulation.

††††† (3) If an adolescent becomes a new member of an approved foster or adoptive parent or a kinship caregiverís household, the new adolescent member of the household shall submit to a child abuse and neglect check conducted by the cabinet within thirty (30) calendar days of residence within the household in accordance with Section 2(2) or 5(2) of this administrative regulation.

††††† (4) If the cabinet has custody of a child placed with a caretaker relative or fictive kin:

††††† (a) A new adult household member of a caretaker relative or fictive kin shall submit to background checks within thirty (30) calendar days of residence in the household in accordance with Section 5(1) of this administrative regulation; and

††††† (b) A new adolescent household member of a caretaker relative or fictive kin shall submit to a child abuse and neglect check conducted by the cabinet within thirty (30) calendar days of residence within the household in accordance with Section 5(2) of this administrative regulation.

††††† (5) An annual address check of the Sex Offender Registry shall be completed for a kinship caregiverís eligibility redetermination in accordance with 922 KAR 1:130, Section 13(2).

††††† (6)[(5)] If an annual address check indicates a match with the Sex Offender Registry, a report of abuse, neglect, or dependency shall be made in accordance with 922 KAR 1:330.

 

††††† Section 8. Maintenance of Records. (1) A completed copy of each criminal records check conducted pursuant to Section 2[(1)] or 7[(1)] of this administrative regulation and the DPP-157 shall be maintained on behalf of each:

††††† (a) Applicant;

††††† (b) Foster or adoptive parent; and

††††† (c) Adult member of an applicant or foster or adoptive parentís household.

††††† (2) A completed copy of each DPP-157 submitted pursuant to Section 2(2) or 7(3) of this administrative regulation shall be maintained on behalf of each adolescent member of:

††††† (a) An applicant's household; or

††††† (b) A foster or adoptive parentís household.

††††† (3) A completed copy of the DPP-159 and criminal records check conducted pursuant to Section 5 or 7[(4)] of this administrative regulation shall be maintained for each:

††††† (a) Caretaker relative;

††††† (b) Kinship caregiver;[and]

††††† (c) Fictive kin; and

††††† (d) Adult member of a caretaker relative, fictive kin, or kinship caregiverís household.

††††† (4) A completed copy of the DPP-159 submitted pursuant to Section 5(2) or 7(3) of this administrative regulation shall be maintained on behalf of each adolescent household member of a:

††††† (a) Caretaker relative;[or]

††††† (b) Kinship caregiver; or

††††† (c) Fictive kin.

 

††††† Section 9. Communications. This administrative regulation shall not limit the cabinetís ability to discuss the qualifications or fitness of an applicant or an existing foster or adoptive parent with a child-placing agency in accordance with:

††††† (1) KRS 620.050(5); or

††††† (2) The terms and conditions of:

††††† (a) A release of information signed by the applicant or foster or adoptive parent; or

††††† (b) The agreement between the cabinet and the child-placing agency.

 

††††† Section 10. Incorporation by Reference. (1) The following material is incorporated by reference:

††††† (a) "DPP-157, Background Checks for Applicants or Foster/Adoptive Parents", 7/17[edition 10/11]; and

††††† (b) "DPP-159, Background Checks for Caretaker Relatives, Fictive Kin, or Kinship Caregivers", 7/17[edition 10/11].

††††† (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Cabinet for Health and Family Services, 275 East Main Street, Frankfort, Kentucky 40621, Monday through Friday, 8 a.m. to 4:30 p.m.

 

ADRIA JOHNSON, Commissioner

VICKIE YATES BROWN GLISSON, Secretary

††††† APPROVED BY AGENCY: June 7, 2017

††††† FILED WITH LRC: June 29, 2017 at 1 p.m.

††††† CONTACT PERSON: Tricia Orme, Administrative Specialist, Office of Legal Services, 275 East Main Street 5 W-B, Frankfort, Kentucky 40621, phone 502-564-7905, fax 502-564-7573, email Tricia.Orme@ky.gov.

 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

 

Contact Persons: Elizabeth Caywood, (502) 564-3703, Elizabeth.Caywood@ky.gov.; and Tricia Orme,

††††† (1) Provide a brief summary of:

††††† (a) What this administrative regulation does: This administrative regulation establishes background check requirements for caretaker relatives, kinship caregivers, fictive kin, or applicants seeking to provide foster or adoptive services.

††††† (b) The necessity of this administrative regulation: This administrative regulation is necessary to establish requirements for background checks of out-of-home or foster care providers.

††††† (c) How this administrative regulation conforms to the content of the authorizing statutes: This administrative regulation conforms to the content of the authorizing statutes through its establishment of background check requirements for caretaker relatives, kinship caregivers, fictive kin, prospective foster/adoptive parents, and other household members.

††††† (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This administrative regulation currently assists in the effective administration of the statutes through its establishment of background check requirements for out-of-home or foster care providers.

††††† (2) If this is an amendment to an existing administrative regulation, provide a brief summary of:

††††† (a) How the amendment will change this existing administrative regulation: The amendment to this administrative regulation adds fictive kin to the out-of-home or foster care providers subject to background check requirements in accordance with 2017 Ky. Acts ch. 10. In addition, the amendment changes the criteria for a child abuse and neglect check conducted by the cabinet on a prospective out-of-home or foster care provider by adding a near fatality related to child abuse or neglect. In addition, this amendment clarifies the cabinetís ability to communicate with child-placing agencies and authorizes the cabinet to release information about individuals pending administrative review, which includes being subject to matters still under investigation, assessment, or appeal. The amendment clarifies application of background check requirements on new household members and updates material incorporated by reference, including addressing audit findings from the Federal Bureau of Investigation (FBI). Lastly, the amendment makes technical corrections in accordance with KRS Chapter 13A.

††††† (b) The necessity of the amendment to this administrative regulation: The amendment to this administrative regulation is necessary to implement recently enacted legislation establishing fictive kin as a placement option for children removed by the cabinet from their homes of origin. In addition, the amendment is necessary to respond to Red Tape Reduction comments received from child-placing agencies or their representative to improve provision of information and timeliness. Lastly, the amendment is necessary to ensure compliance with FBI requirements for continued access to comprehensive criminal background information and to improve child safety in out-of-home or foster care.

††††† (c) How the amendment conforms to the content of the authorizing statutes: The amendment conforms to the content of the authorizing statutes through its alignment of regulatory provisions with statutory authorities, FBI requirements, requests of impacted private agencies, and additional considerations to improve child safety in out-of-home or foster care.

††††† (d) How the amendment will assist in the effective administration of the statutes: The amendment will assist in the effective administration of the statutes through its necessary updates and corrections to background check requirements of caretaker relatives, kinship caregivers, fictive kin, and foster/adoptive parents.

††††† (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: The administrative regulation impacts prospective and existing foster/adoptive parents, relative caregivers, kinship caregivers, and in the near term, fictive kin providers. In addition, child-placing agencies are impacted in their recruitment and approvals of foster/adoptive parents. From January to March 2017, the cabinet processed approximately 6,000 background checks on foster/adoptive parents, caretaker relatives, and kinship caregivers or their household members. As of May 7, 2017, there were 8,375 children in foster care.

††††† (4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:

††††† (a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment: There are no new actions on the part of caretaker relatives, kinship caregivers, or foster/adoptive parents. Prior to 2017 Ky. Acts ch. 10, fictive kin were not a placement option. Under this administrative regulation, fictive kin will be added to the placement options utilized by the cabinet upon removal of a child from the childís home of origin and subject to background checks similar to a caretaker relative.

††††† (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): Individuals subject to these background check requirements have their background check costs borne by the cabinet or through a child-placing agency in the course of the agencyís business practices. There is no increase in costs resulting from this administrative regulation.

††††† (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): As a result of this administrative regulation, children removed from their homes of origin will benefit from an additional placement option, fictive kin, and enhanced safety afforded through the background checks required by this administrative regulation. In addition, the state overall will benefit from continued access to the FBI criminal history records and compliance with federal funding mandates.

††††† (5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:

††††† (a) Initially: There is no new or additional cost projected for the administrative body to implement this administrative regulation. To not effect this administrative regulation would result in threats to the stateís child welfare funding.

††††† (b) On a continuing basis: There is no new or additional cost projected for the administrative body to implement this administrative regulation.

††††† (6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: Federal Title IV-E (of the Social Security Act), Temporary Assistance for Needy Families Block Grant funds, and State General Funds are the sources of funding to implement and enforce this administrative regulation.

††††† (7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment: There is no increase in fees or funding necessary to implement this administrative regulation.

††††† (8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees: This administrative regulation does not directly establish any fees, but rather, enforces the fees that law enforcement or judicial agencies charge to conduct criminal background checks. There is no increase in fees associated with this administrative regulation.

††††† (9) TIERING: Is tiering applied? Tiering is not applied, because this administrative regulation will be applied in a like manner statewide.

 

FEDERAL MANDATE ANALYSIS COMPARISON

 

††††† 1. Federal statute or regulation constituting the federal mandate.

45 C.F.R. 1356.30, 42 U.S.C. 671(a)(20), 5106a

††††† 2. State compliance standards. KRS 194A.050(1), 199.462(4), 199.640(5), 605.120(5), (6), 605.130(4), 605.150

††††† 3. Minimum or uniform standards contained in the federal mandate. 45 C.F.R. 1356.30, 42 U.S.C. 671(a)(20), 5106a

††††† 4. Will this administrative regulation impose stricter requirements, or additional or different responsibilities or requirements, than those required by the federal mandate? This administrative regulation imposes a stricter requirement than the federal mandate because the cabinet requires the denial of an applicant if: (1) a criminal record check conducted on behalf of an adult household member reveals physical abuse, battery, or a drug or alcohol-related felony within the previous five (5) year period or a felony involving a spouse, a child, sexual violence, or death; or (2) a child abuse or neglect check conducted by the cabinet reveals that a household member, twelve (12) years of age or older, committed sexual abuse or sexual exploitation of a child, has been responsible for a child fatality related to abuse or neglect, or has had parental rights terminated involuntarily.

††††† 5. Justification for the imposition of the stricter standard, or additional or different responsibilities or requirements. The additional restrictions noted in item 4 of this analysis were added as additional safeguards for children in out-of-home or foster care. The federal law does not prohibit the addition of these restrictions.

 

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT

 

††††† (1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation? The Cabinet for Health and Family Services, the Kentucky State Police, and the Administrative Office of the Courts will be impacted by this administrative regulation.

††††† (2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. KRS 194A.050(1), 199.462(4), 199.640(5), 605.120(5), (6), 605.130(4), 605.150, 45 C.F.R. 1356.30, 42 U.S.C. 671(a)(20), 5106a

††††† (3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.

††††† (a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year? This administrative regulation will not generate revenue for state or local government. Fees charged by law enforcement or judicial agencies for criminal background checks cannot exceed the actual costs for conducting the checks.

††††† (b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years? This administrative regulation will not generate any revenue in subsequent years.

††††† (c) How much will it cost to administer this program for the first year? There are no new or additional costs projected as a result of this regulatory amendment.

††††† (d) How much will it cost to administer this program for subsequent years? There are no new or additional costs projected as a result of this regulatory amendment.

††††† Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.

††††† Revenues (+/-):

††††† Expenditures (+/-):

††††† Other Explanation: