{"data":{"id":"us-dc/d.c.-code-4-1305.06","jurisdiction":"us-dc","citation":"D.C. Code § 4-1305.06","heading":"Results of the criminal records check.","body":"(a)\nThe provisions of this section shall apply to an individual who seeks to be:\n(1)\nApproved or licensed as an adoptive or foster parent, a legal guardian, or a kinship caregiver;\n(2)\nPermitted to become an adoptive parent under Chapter 3 of Title 16; or\n(3)\nPermitted to have a child placed in the individual’s custody upon order of a judicial officer, under § 16-2320(a)(2) or § 16-2320(a)(3)(C).\n\n(b)\nExcept as provided in subsection (d) of this section, an individual shall not be approved, licensed, or permitted as set forth in subsection (a) of this section if it is determined from the criminal records check that the individual, or an adult residing in the home of the individual, has a felony conviction for any of the following offenses or their equivalents:\n(1)\nChild abuse;\n(2)\nChild neglect;\n(3)\nIntrafamily offense, as defined in § 16-1001(8);\n(4)\nA crime against children, including child pornography; or\n(5)\nA crime involving violence, including rape, sexual assault, or homicide, but not including other physical assault or battery.\n\n(c)\nExcept as provided by subsection (d) of this section, an individual shall not be approved, licensed, or permitted as set forth in subsection (a) of this section if it is determined from the criminal records check that the individual, or an adult residing in the home of the individual, has a felony conviction for any of the following offenses or their equivalents committed within the past 5 years:\n(1)\nRepealed;\n(2)\nPhysical assault;\n(3)\nBattery; or\n(4)\nA drug-related offense.\n\n(d)\nNotwithstanding the requirements of subsections (b) and (c) of this section, an individual may be approved, licensed, or permitted as set forth in subsection (a) of this section if:\n(1)\nThe individual has a felony conviction for any of the offenses listed in subsections (b) and (c) of this section and, after a discretionary agency review of the conviction and current circumstances, it is determined that an approval, licensure, or permission would be consistent with the health, safety, and welfare of children; provided, that any adoption-assistance payments or foster-care-maintenance payments made on behalf of a child to an individual pursuant to this paragraph shall not be made with federal funds provided through Title IV-E of the Social Security Act, approved June 17, 1980 (94 Stat. 500; 42 U.S.C. § 670 et seq.); or\n(2)\nAn adult residing in the home of the individual, but not the individual who seeks to be approved, licensed, or permitted as set forth in subsection (a) of this section, has a felony conviction for any of the offenses listed in subsections (b) and (c) of this section and, after a discretionary agency review of the conviction and current circumstances, it is determined that an approval, licensure, or permission would be consistent with the health, safety, and welfare of children.","path":["Title 4. Public Care Systems.","Chapter 13. Child Abuse and Neglect.","Subchapter I. Prevention of Child Abuse and Neglect.","Part E. Criminal Records Check."],"source_url":"https://code.dccouncil.gov/us/dc/council/code/sections/4-1305.06","current_through":"2026-08-20 (D.C. Law 26-175)","vintage":"","retrieved_at":"2026-08-29T05:44:07Z","sha256":"eb1041e1a9aeabdf493eb9b6ddc2cdebaf8c20e52004a0229111eaac659291a9","source_id":"us-dc","stale":false,"prev":"us-dc/d.c.-code-4-1305.05","next":"us-dc/d.c.-code-4-1305.07"},"notice":"GroundRules: Original legal text. Not legal advice."}
