1.    The department may require an identified relative and any adult living in the home of the identified relative to go through a criminal history record investigation pursuant to section 50-11-06.8.

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2.    If the department requires a criminal history record investigation pursuant to subsection 1, the department shall consider an identified relative and any adult living in the home of the identified relative as a family foster home for children applicant, family foster home for children provider, or members of the family foster home for children for the purpose of determining the impact of the individual‘s criminal history record investigation on the individual’s ability to provide foster care for children.