210.487.  Background checks for foster families, requirements — costs, paid by whom — rulemaking authority. — 1.  When conducting investigations of persons for the purpose of foster parent licensing, the division shall:

  (1)  Conduct a search for all persons over the age of seventeen in the applicant's household and for any child less than seventeen years of age residing in the applicant's home who the division has determined has been certified as an adult for the commission of a crime for evidence of full orders of protection.  The office of state courts administrator shall allow access to the automated court information system by the division.  The clerk of each court contacted by the division shall provide the division information within ten days of a request;

  (2)  Obtain fingerprints for any person over the age of seventeen in the applicant's household and for any child less than seventeen years of age residing in the applicant's home who the division has determined has been certified as an adult for the commission of a crime in the same manner set forth in subsection 2 of section 210.482.  The highway patrol shall assist the division and provide the criminal fingerprint background information, upon request, under and in accordance with the provisions of section 43.540; and

  (3)  Determine whether any person over the age of seventeen residing in the home and any child less than seventeen years of age residing in the applicant's home who the division has determined has been certified as an adult for the commission of a crime is listed on the child abuse and neglect registry.  For any children less than seventeen years of age residing in the applicant's home, the children's division shall inquire of the applicant whether any children less than seventeen years of age residing in the home have ever been certified as an adult and been convicted of or pled guilty or nolo contendere to any crime.

  2.  After the initial investigation is completed under subsection 1 of this section:

  (1)  No person who submits fingerprints under subsection 1 of this section or section 210.482 shall be required to submit additional fingerprints under this section or section 210.482 unless the original fingerprints retained by the division are lost or destroyed;

  (2)  The highway patrol shall provide ongoing electronic updates to criminal history background checks of those persons previously submitted as part of the licensing or approval process under subsection 1 of this section.  Ongoing electronic updates for such persons and for those in their households shall terminate when such persons cease to be applicant or licensed foster parents; and

  (3)  The children's division and the department of health and senior services may waive the requirement for a fingerprint background check for any subsequent recertification.

  3.  Subject to appropriation, the total cost of fingerprinting required by this section may be paid by the state, including reimbursement of persons incurring fingerprinting costs under this section.

  4.  The division may make arrangements with other executive branch agencies to obtain any investigative background information.

  5.  The division may promulgate rules that are necessary to implement the provisions of this section.  Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.  This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2004, shall be invalid and void.