(a) For purposes of this section, “emergency placement” means the placement of a child by the Department of Children and Families in the home of a private individual, including a neighbor, friend or relative of a child, as a result of the sudden unavailability of the child's primary caretaker.
(b) When the Department of Children and Families makes an emergency placement, the department may request a criminal justice agency to perform a federal name-based criminal history search of any person residing in the home. The results of such name-based search shall be provided to the department.
(c) No later than five calendar days after the date such name-based search is performed pursuant to subsection (b) of this section, the department shall request the State Police Bureau of Identification to perform a state and national criminal history records check in accordance with section 29-17a of any person residing in the home. Such criminal history records checks shall be deemed as required by this section for purposes of section 29-17a and the department may request that such records checks be performed in accordance with subsection (c) of section 29-17a. The results of such criminal history records checks shall be provided to the department. If any person refuses to provide fingerprints or other positive identifying information for purposes of such checks when requested, the department shall immediately remove the child from the home.
(d) If the department denies emergency placement or removes a child from a home based on the results of a federal name-based criminal history search performed pursuant to subsection (b) of this section, the person whose name-based search was the basis for such denial or removal may contest such denial or removal by requesting that a full criminal history records check be performed in accordance with subsection (c) of this section.
(Sept. Sp. Sess. P.A. 09-5, S. 68; P.A. 13-40, S. 5; 13-80, S. 2.)
History: Sept. Sp. Sess. P.A. 09-5 effective October 5, 2009; P.A. 13-40 amended Subsec. (c) to shorten deadline for department to request criminal history records check from 15 calendar days to 5 calendar days after name-based search, effective May 28, 2013; P.A. 13-80 amended Subsec. (c) to shorten deadline for department to request criminal history records check from 15 calendar days to 5 calendar days after name-based search and make a technical change.
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