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AB107

Changes to Background Checks for Foster Homes

Last scannedAug 22, 2026, 1:27 AM

In one sentence

This law allows people with past convictions for simple marijuana possession that happened more than five years ago to work in, live at, or run a foster home.

What it does

  • Removes the requirement to report certain old marijuana possession charges during background checks for foster homes.
  • Allows people convicted of these specific violations to operate, be employed by, reside in, or be present in a foster home.
  • Keeps other serious crimes and recent drug offenses as reasons to deny licenses or remove individuals from foster homes.

Who it affects

  • People who want to open or run a licensed foster home
  • Employees of licensed foster homes
  • Adults aged 18 and older living in foster homes (excluding those under court jurisdiction)
  • Agencies that license and investigate foster homes

Limits and unknowns

  • The exemption only applies to unlawful possession of marijuana not for the purpose of sale.
  • The violation must have occurred more than five years ago to be ignored in background checks.
  • Other crimes, such as violence, child abuse, or recent drug offenses involving distribution or other substances, still block involvement with foster homes.

Plain language

Terms to know

Licensing authority
The government agency responsible for giving permission to run a foster home, which varies by county population.
Controlled substance
A drug regulated by law; this bill specifically changes rules regarding marijuana possession not for sale.

Official record

Sources

Source attached

Official summary

Revises provisions relating to foster care. (BDR 38-339)