(h) A family care provider shall ensure that the expenditure of any monies provided through OPWDD for:

1. (1) replacement of necessary clothing belonging to the individuals;
2. (2) personal requirements and incidental needs of the individual;

3. (3) recreational and cultural activities of individuals;

   and the maintenance of records are in conformance with the procedures established by OPWDD, subject to the approval of the State Comptroller.

(p) The following procedures and requirements apply when any party who is 18 years of age or older (except for an individual receiving family care services) begins to reside in the family care home, and when a current resident (except for an individual receiving family care services) reaches the age of 18 years:

1. (1) The family care provider shall request that the sponsoring agency request background checks prior to or when such party begins to reside in the family care home or reaches the age of 18 years. The requested background checks include:

   1. (i) a check of the staff exclusion list (SEL check) pursuant to section 633.24 of this Title;
   2. (ii) a criminal history record check pursuant to section 633.22 of this Title; and
   3. (iii) a check of the Statewide Central Register of Child Abuse and Maltreatment (SCR check) pursuant to section 633.24 of this Title.
2. (2) The family care provider shall ensure the provision, to the sponsoring agency, of information and fingerprints from the subject party, in the form, format and manner specified by the Justice Center as necessary to conduct the criminal history record check, and any other information as may be necessary to conduct the other background checks.
3. (3) The family care provider shall obtain a sworn statement from such subject party, indicating whether he or she has ever been convicted of a misdemeanor or felony, or whether there is any pending criminal charge against such subject party, and shall forward the statement to the sponsoring agency and the OPWDD.
4. (4) The family care provider shall ensure the provision of all required statements/information/fingerprints no later than five business days after the subject party becomes a resident or attains the age of 18 years.
5. (5) If the statement includes a conviction for a misdemeanor or felony, or a pending criminal charge, the sponsoring agency shall evaluate whether the safety of any people receiving family care services could be compromised by the party's continued residency and shall take appropriate steps to protect the safety of the person(s) receiving services.

6. (6) The sponsoring agency shall request:

   1. (i) an SEL check;
   2. (ii) a criminal history record check; and
   3. (iii) an SCR check.
7. (7) If the Justice Center issues a denial or directs the sponsoring agency to issue a denial for a current family care provider or current adult household member, or if the potential household member begins to reside in the family care home, the sponsoring agency shall follow the requirements of section 633.22(h)(2) of this Title. If the Justice Center issues a denial or directs the sponsoring agency to issue a denial for a potential household member, family care provider shall not permit the subject party to reside in the family care home.
8. (8) If a criminal history record check was conducted concerning a party (other than the family care provider) and the party does not move into the family care home or permanently moves out of the family care home, the family care provider shall notify the sponsoring agency and the OPWDD in writing within 72 hours of the occurrence. The sponsoring agency shall notify the Justice Center within 14 days of the occurrence, in the form, format and manner required by the Justice Center.

(s) For the purposes of this section, college students who attend college but reside part of the year at the family care home shall be considered to reside in the family care home.

(t) Respite/substitute providers - background checks.

The same requirements related to background checks which are established for family care providers and family care household members are applicable to family care respite/substitute providers and, if respite is provided in the home of the respite/substitute provider, for adult household members. Required background checks include criminal history record checks, SEL checks and SCR checks. Sponsoring agencies shall deny an application to be a family care respite/substitute provider if the Justice Center directs the sponsoring agency to issue a denial based on the results of any criminal history record check.