Code of the District of Columbia

§ 4–1305.03. Application for criminal records check; timing.

(a) Within the time stated in subsection (b) of this section, an applicant shall apply for a criminal records check by submitting to the Agency, licensed child-placing agency, or the police:

(1) A complete set of legible fingerprints taken on standard fingerprint cards by the Agency or the police;

(2) Payment of the fees and costs of the criminal records check as described in § 4-1305.04;

(3) The completed information form; and

(4) Any documentation required to conduct a criminal records check by a state identified in the completed information form.

(b) The application for a criminal records check shall be made:

(1) For an individual described in § 4-1305.02(1), (2), or (3), and for every adult residing in the home of an individual described in § 4-1305.02(1), (2), or (3), as part of the approval or licensure process;

(2) For an individual described in § 4-1305.02(4) and for every adult residing in the home of an individual described in § 4-1305.02(4), before the filing of the petition for adoption, pursuant to D.C. Official Code § 16-305;

(3) For an individual described in § 4-1305.02(5) and for every adult residing in the home of an individual described in § 4-1305.02(5), within 2 business days of entry of the judicial order placing the child in the home;

(4) For every adult who becomes a resident of the home of an individual described in § 4-1305.02(1), (2), (3), or (5) after the child is placed in the home, within 10 calendar days after the adult becomes a resident of the home; and

(5) For every adult who becomes a resident of the home of an individual described in § 4-1305.02(4) after the filing of the petition for adoption, within 10 calendar days after the adult becomes a resident of the home.


(Sept. 23, 1977, D.C. Law 2-22, title V, § 503, formerly § 323; as added June 27, 2000, D.C. Law 13-136, § 201(f), 47 DCR 2850; Apr. 4, 2001, D.C. Law 13-277, § 2(t), 48 DCR 2043; Apr. 12, 2005, D.C. Law 15-341, § 2(o), 52 DCR 2315; renumbered Mar. 2, 2007, D.C. Law 16-191, § 22(a)(4), 53 DCR 6794; Apr. 24, 2007, D.C. Law 16-306, § 202(b), 53 DCR 8610.)

Section References

This section is referenced in § 4-1305.09.

Effect of Amendments

D.C. Law 13-277, in subsec. (a), in the lead-in sentence, substituted “Agency” for “Department”, and deleted “,the Child Abuse Unit of the Social Services Division of the Superior Court of the district of Columbia,” preceding “the police”.

D.C. Law 15-341, in subsec. (a), deleted “and” from the end of par. (1), substituted “; and” for a period at the end of par. (2), and added par. (3).

D.C. Law 16-191 renumbered the section.

D.C. Law 16-306 rewrote subsec. (a), which had read as follows: “(a) Within the time stated in subsection (b) of this section, an applicant shall apply for a criminal records check by submitting to the Agency or the police: (1) A complete set of legible fingerprin on standard fingerprint cards by the Agency or the police; (2) Payment of the fees and costs of the criminal records check as described in § 4-1305.04; and (3) A written statement, in a form established by the Agency, that includes the individual’s current and prior residences and employment addresses as an adult, and that authorizes the Agency to obtain the individual’s criminal records from a state in which the individual resided, worked, or is believed to have had another connection as an adult.”

Emergency Legislation

For temporary (90-day) addition of section, see notes following § 4-1305.01.

For temporary (90 day) amendment of section, see § 2(b) of the Adoption and Safe Families Compliance Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-451, November 7, 2000, 47 DCR 9399).

For temporary (90 day) amendment of section, see § 2(a) of Adoption and Safe Families Compliance Emergency Amendment Act of 2001 (D.C. Act 14-65, June 6, 2001, 48 DCR 5721).

For temporary (90 day) amendment of section, see § 202(b) of Omnibus Public Safety Emergency Amendment Act of 2006 (D.C. Act 16-445, July 19, 2006, 53 DCR 6443).

For temporary (90 day) amendment of section, see § 202(b) of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-490, October 18, 2006, 53 DCR 8686).

For temporary (90 day) amendment of section, see § 202(b) of Omnibus Public Safety Congressional Review Emergency Act of 2007 (D.C. Act 17-10, January 16, 2007, 54 DCR 1479).

For temporary (90 day) amendment of section, see § 202(b) of Omnibus Public Safety Second Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-25, April 19, 2007, 54 DCR 4036).

Editor's Notes

For applicability of D.C. Law 13-277, see note following § 4-1303.01a.