Criminal records checks of all kinship caregivers

(a) In general Section 471(a)(20) of the Social Security Act (42 U.S.C. 671(a)(20)) is amended— (1) in subparagraph (B)— (A) in clause (ii), by striking and at the end; (B) in clause (iii), by adding and at the end; and (C) by adding at the end the following: (iv) have in place procedures to ensure that kinship placement is not denied based on past allegations or findings of abuse or neglect against a caregiver or household member in the absence of particularized information demonstrating that the caregiver poses a current safety threat to the child or that placement of the child with the caregiver would be contrary to the welfare of the child.; (2) in subparagraph (C), by striking on any relative guardian, and for checks and all that follows through under this part and inserting on any kinship caregiver, including in the case of a kinship foster, guardianship, or adoptive placement, and for checks described in subparagraph (B) of this paragraph on any such kinship caregiver and any other adult living in the home of any such kinship caregiver, before the kinship caregiver may receive kinship guardianship assistance payments on behalf of the child under the State plan under this part unless the State reports to the Secretary the alternative criminal records checks the State conducts on any adult kinship caregiver, and why the checks specified in this subparagraph are not appropriate for the State, and procedures to ensure that a past criminal record does not serve as a bar to kinship licensing in the absence of particularized information demonstrating that the caregiver or household member poses a current safety threat to the child or that placement of the child with the caregiver would be contrary to the welfare of the child.; and (3) by moving the margins for subparagraph (D) 2 ems to the left. (b) No effect on character investigations under the Indian Child Protection and Family Violence Prevention Act Nothing in this Act or the amendments made by this Act shall be construed to modify the requirements relating to character investigations of kin or extended family under the Indian Child Protection and Family Violence Prevention Act.