(A) No agency may place a minor in a foster home if the agency has actual knowledge that the minor has been adjudicated delinquent for, or has pled guilty or nolo contendere to, or has been convicted of a sex offense, unless the placement is in a therapeutic foster home or unless the minor is the only child in the foster home at the time of placement and for the length of that minor's placement in the foster home. Notwithstanding this provision, the placing agency may petition the court for an order allowing the minor to be placed in a foster home, other than a therapeutic home, if good cause is shown. Good cause shall include, but not be limited to, the fact that the minor is being placed in a home with his siblings.

(B) The placing agency must inform the foster parent in whose home the minor is placed of that minor's prior history of a sex offense. For purposes of this section the term "sex offense" means:

(1) criminal sexual conduct in the first degree, as provided in Section 16-3-652;

(2) criminal sexual conduct in the second degree, as provided in Section 16-3-653;

(3) criminal sexual conduct in the third degree, as provided in Section 16-3-654;

(4) criminal sexual conduct with minors in the first degree, as provided in Section 16-3-655(A);

(5) criminal sexual conduct with minors in the second degree, as provided in Section 16-3-655(B);

(6) criminal sexual conduct with minors in the third degree, as provided in Section 16-3-655(C);

(7) engaging a child for a sexual performance, as provided in Section 16-3-810;

(8) producing, directing, or promoting sexual performance by a child, as provided in Section 16-3-820;

(9) assault with intent to commit criminal sexual conduct, as provided in Section 16-3-656;

(10) incest, as provided in Section 16-15-20;

(11) buggery, as provided in Section 16-15-120;

(12) violations of Article 3, Chapter 15 of Title 16 involving a child when the violations are felonies;

(13) accessory before the fact to commit an offense enumerated in this item and as provided for in Section 16-1-40;

(14) attempt to commit any of the offenses enumerated herein; or

(15) any offense for which the judge makes a specific finding on the record that based on the circumstances of the case, the minor's offense should be considered a sex offense.

HISTORY: 2008 Act No. 361, Section 2; 2012 Act No. 255, Section 13, eff June 18, 2012.

Effect of Amendment

The 2012 amendment rewrote subsection (B) to remove references to committing or attempting lewd act upon a child under 16, and add references to criminal sexual conduct with minors in the third degree; and made other nonsubstantive changes.